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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 133. At its meeting in March 2006 the Committee made the following recommendations [see 340th Report, para. 1178]:
- (a) The Committee regrets that the Trade Union Associations Directorate of the Ministry of Labour has not enforced the appellate judgement against the General Labour Inspectorate decision of 7 February 2003, ordering the registration of the executive committee of the complainant trade union, and that the Trade Union Associations Directorate has not extended certification to that executive, thus preventing the complainant trade union from defending its members’ interests, in particular through collective bargaining. The Committee regrets the administrative delays which occurred in this case, and requests the Government to execute the ruling of the judicial authority dated 25 August 2005, mentioned by the Government, which ordered the registration of the executive committee of Mr. Julio Noel Canales.
- (b) The Committee expects the Government in future to guarantee fully the right of workers’ organizations to elect their representatives in full freedom, in accordance with Article 3 of Convention No. 87, as well as the principle that “in order to avoid the danger of serious limitations on the right of workers to elect their representatives in full freedom, cases brought before the courts by the administrative authorities involving a challenge to the results of trade union elections should not – pending the final outcome of the proceedings – have the effect of paralysing the operations of trade unions”.
- 134. In its communication dated 17 May 2006, the Trade Union of Employees in Higher Education “Ervin Abarac Jimenez” (SIPRES–UNI, ATD) denounces the Government’s failure to comply with the Committee’s recommendations despite the complainant organization’s request to the President of the Republic and to the Rector of the National University of Engineering (the employer), with the result that the union’s executive committee is still not registered, its members’ monthly dues have still not been paid over to the union and collective bargaining is still suspended.
- 135. The Committee notes the information supplied by the complainant organization while at the same time regretting the lack of information from the Government, and urges the Government to register the executive committee of the complainant trade union without delay, to ensure that the union dues are paid over to it and to promote collective bargaining. The Committee requests the Government to keep it informed in this respect.
