Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Effect given to the recommendations of the Committee and the Governing Body

1. 161. At its June 2003 meeting, the Committee formulated the following recommendations on the issues that remained outstanding [see 331st Report, para. 748]:
   • – With respect to the mass dismissals of workers in the State of Trujillo, the Committee requests the Government to ensure that all workers who were dismissed in violation of the collective agreement be reinstated in their posts and if that is not possible that they receive adequate entitlements. The Committee requests the Government to keep it informed in this respect.
   • – The Committee again urges the Government to indicate whether it has executed the six judicial rulings on labour stability mentioned in the criminal complaint submitted to the Public Prosecutor’s Office on 17 July 2001 against the authorities of the Trujillo Health Foundation (FUNDASALUD) and the latter’s decision in the matter and to inform it of the result of the court proceedings in respect of the order of the Inspectorate of Labour to reinstate the workers of the former Department of State Public Works (now the Department of Infrastructure).
2. 162. In its communication dated 30 October 2003, the Government sent official documentation showing that the Constitutional Division of the Supreme Court ordered that the judgements of first instance ordering the reinstatement of six workers should be vacated due to violation of due process; the social benefits of these workers had previously been paid. The Government stresses that the Executive Power of the State of Trujillo, by reason of the restructuring (new administrative organization) that resulted in the mass dismissals, settled all its labour obligations, and the workers who fulfilled the necessary requirements were even awarded pension benefits.
3. 163. The Committee notes this information.