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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- 59. The Committee last examined this case at its June 2013 meeting. It
concerns alleged anti union dismissals of insurance sales agents who are members of the
Union of General Insurance Sales Agents in the State of Jalisco (SAVSGEJ) and the
cancellation of the union’s registration [see 368th Report, paras 61–63]. On that
occasion, the Committee requested the Government to inform it of the outcome of the
ongoing judicial proceedings concerning the anti-union dismissals.
- 60. In its communication dated 6 May 2014, the SAVSGEJ informs the
Committee that the legal proceedings in three of the six cases of dismissal are still
ongoing: the proceedings concerning Ms María Cristina Vergara Parra (Case No.
1097/2008); Ms María del Socorro Guadalupe Acevez González (Case No. 1254/2008), who,
since her dismissal, has been affected by the non-renewal of the policies she was
managing; and Mr Martin Ramírez Olmedo (Case No. 83/2009). To its communications dated 6
May 2014 and 19 June 2014, the SAVSGEJ appends certified copies of letters that it sent
to the President of the Republic, the Secretary of Labour and Social Welfare of Mexico,
and the Secretary of Finance and Public Credit of Mexico, in which it requested a
meeting to discuss the grave situation of insurance agents in the absence of the most
basic social welfare entitlements.
- 61. In a communication dated 23 May 2014, the Government provides
detailed information on the judicial proceedings concerning anti-union dismissals on the
basis of the information provided by the Local Conciliation and Arbitration Board of
Jalisco State (JLCA de Jalisco). The Government informs the Committee that Case No.
1099/2008 concerning Mr Lázaro Gabriel Téllez Santana has been closed. The Government
states that the defendant enterprise refused to reinstate the worker and was
consequently ordered to pay 1 million Mexican pesos (MXN) in compensation. Mr Téllez
Santana received the compensation and dropped his appeal and the case was closed as it
was fully resolved. The Government informs the Committee that the proceedings in Case
No. 993/2008 concerning Mr Alejandro Casarrubias Iturbide, who had already received
compensation, were also closed.
- 62. However, the Government informs the Committee that the following
dismissal cases are still pending:
- – With regard to Case No. 1222/2008 concerning
Ms Rossana Aguirre Díaz, in October 2013 the Allianz Mexico insurance company filed
a direct appeal for protection of a constitutional right (juicio de amparo directo)
against rulings of the JLCA de Jalisco.
- – With regard to Case No. 83/2009
concerning Mr Martín Ramírez Olmedo, the Government informs the Committee that the
reinstatement process could not be completed because the defendant enterprise,
Mapfre Tepeyac SA was not notified of the agreement dated 13 January 2014; as a
result, on 18 February 2014, the Fifth Special Board of the JLCA de Jalisco admitted
an application for review of the implementation with a view to regularizing the
proceedings.
- – With regard to Case No. 1097/2008 concerning Ms María
Cristina Vergara Parra, the Government informs the Committee that on 27 June 2013,
the Fifth Special Board of the JLCA de Jalisco notified the parties of the official
response from the National Insurance and Surety Commission in order that they may
make comments, as is their right.
- – Case No. 1254/2008 concerning Ms María
del Socorro Guadalupe Acevez González is at the admission of evidence stage. On 27
January 2014, the Fifth Special Board of the JLCA de Jalisco formally requested the
Special Local Conciliation and Arbitration Board of Tecomán, Colima state, to assist
it by formally admitting the testimonial evidence from the complainant. Once the
requested authority has the date for the admission of evidence, it must communicate
it to the Fifth Special Board.
- 63. The Committee takes note of the information provided by the
Government. While noting that two cases have been resolved, the Committee observes with
concern that four of the cases (those concerning Ms Rossana Aguirre Díaz; Mr Martín
Ramírez Olmedo; Ms María Cristina Vergara Parra; and Ms María del Socorro Guadalupe
Acevez González) remain pending, despite the fact that almost six years have passed
since the termination of the employment relationship of the employees concerned. The
Committee recalls the principle that “justice delayed is justice denied” [see Digest of
decisions and principles of the Freedom of Association Committee, fifth (revised)
edition, 2006, para. 105] and firmly expects that these cases will be concluded without
delay. The Committee urges the Government to inform it of the outcome of these
proceedings as soon as they have been concluded.