Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

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

1. 47. The Committee last examined this case at its June 2008 session and on that occasion made the following recommendations [see 350th Report, paras 326–340]:
   • (a) The Committee requests the Government to keep it informed of the outcome of any judicial proceedings with respect to: (1) the legal basis of the payments corresponding to the so-called compensatory meals and transport allowance and the end-of-negotiation bonus; and (2) the dispute arising from the alleged non-payment of social security contributions relating to certain bonuses payable under the collective labour agreements between 1994 and 2000. Similarly, the Committee requests the Government to inform it whether, as a result of the agreement concluded between the complainant union and Correos de Chile on 31 January 2008, the legal proceedings in question have been discontinued. The Committee trusts that the judicial authority will pronounce itself in an expeditious manner.
   • (b) The Committee once again requests the Government to confirm whether Correos de Chile has been included in the list of enterprises and trade union organizations found guilty of unfair or anti-union practices (as required by law).
2. 48. In a communication of 23 January 2009, the Government indicates, with regard to judicial decisions issued with respect to the legal basis of the payments corresponding to the so-called compensatory meals, transport and end-of-negotiation allowance, that the trade union and the enterprise in question, in a settlement contained in a public instrument of 23 May 2008, signed before the Santiago public notary Ms María Gloria Acharan Toledo, agreed to bring to a close the legal proceedings in which the recognition and payment of such allowances were discussed. According to section 2446 of the Civil Code, such a settlement “is a contract whereby the parties settle a pending lawsuit out of court or forestall a lawsuit in the future”, through mutual concessions. The Civil Code provides in section 2460 that such settlements “have the force of res judicata”, which is why the discussion of the matter could not be reopened between the same parties for the same purpose, or with the same cause of action. Under this settlement, the enterprise paid the complainant workers the amounts which it was instructed to pay in the text, which were received by the complainants in full satisfaction. No disputes are still pending, either with the trade union or with the workers who belong to that organization, and any dispute that might have arisen in this respect must be considered to have been settled. The Committee notes this information with interest.
3. 49. The Government indicates that, with regard to the dispute arising from the alleged non-payment of social security contributions corresponding to certain bonuses payable under collective labour agreements between 1994 and 2000, on 10 October 2008 a final decision was handed down in the first instance, under Case No. 248-2006 of the Second Labour Court of Santiago, rejecting the claims that formed the basis of the aforementioned dispute. The complainants filed an appeal against this decision. A decision on the appeal, which has to be made by the Santiago Court of Appeals, is pending. The Committee notes this information and requests the Government to keep it informed of the outcome of the appeal in question.
4. 50. As to whether the enterprise Correos de Chile has been included in the list of enterprises and trade union organizations found guilty of unfair or anti-union practices, as required by law, the Government indicates that the enterprise in question was sentenced on 21 December 2006, in Case No. 6777-2005 of the Ninth Labour Court of Santiago, to pay 100 monthly tax units, plus costs, for discriminating against the members of the National Trade Union of Professionals, Postal Technicians, Supervisors and other Employees of Correos de Chile, by not paying them compensatory benefits. The Committee notes this information.