Effect given to the recommendations of the committee and the Governing Body - Report No 332, November 2003

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

1. 39. The Committee last examined this case at its meeting in June 2003 [see 331st Report, paras. 308-321]. On that occasion the Committee requested the Government: (a) to ensure that the workers in the Hilazas Vanylon Enterprise SA were not discriminated against in respect of wages because of their trade union membership, and to investigate whether a number of members of SINTRATEXTIL had had to renounce their membership as a result of the aforementioned wage discrimination; (b) to take steps to see that an investigation was carried out into the decline in the labour situation of the trade union official, Ms. Lucila Mercado Ladeuth, and, if the alleged discrimination were proven, to rectify the situation immediately; and (c) with regard to the uncollected fine imposed on the enterprise for refusing entry to the Labour Inspectorate, to take steps to apply the labour legislation provisions and enforce the fine without delay.
2. 40. In a communication dated 7 September 2003, the Government reports that, with regard to the decline in the situation of Ms. Lucila Mercado Ladeuth, the official concerned has come to a conciliatory agreement with the enterprise and, in consequence, abandoned the legal action she had brought before the Territorial Directorate for Labour and Social Security of Atlántico. With regard to the fine imposed on the Hilazas Vanylon Enterprise SA for refusing entry to the Labour Inspectorate, the Government reports that this has now been enforced.
3. 41. The Committee takes note of this information. However, it regrets that the Government has not reported whether investigations have begun to determine whether a number of members of SINTRATEXTIL have had to renounce their membership as a result of wage discrimination on the part of the enterprise because of their trade union membership. The Committee requests the Government to take steps to ensure that this investigation is carried out without delay and to keep it informed in this respect.