Effect given to the recommendations of the committee and the Governing Body - Report No 310, June 1998

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

1. 35. At its meeting in June 1997, the Committee had left pending the question regarding the reinstatement of workers who had participated in a strike in the transport sector in 1996. The Committee thus formulated the following recommendations (see 307th Report of the Committee, para. 417):
   • The Committee urges the Government to take all necessary steps to ensure that the workers of Autotransportes Tres Estrella de Oro SA de CV and Corsarios del Bajío SA de CV who took part in the strike and who did not return to work in a 24-hour deadline are reinstated in their jobs. If the Government is unable to abide by this recommendation, the Committee requests it to keep it informed of the legal difficulties which prevent it from reinstating the workers in their jobs.
2. 36. In its communications of 17 November 1997 and 10 March 1998, the Government states that to date it has not been possible to reinstate the workers since the enterprises had obtained amparo (enforcement of their constitutional rights) by means of a review. The Government explains that this course of action is the final resort against actions which a party may consider to be in violation of constitutional safeguards. However, the Government states that many of the strikers appealed to the National Trade Union of Transport and Allied Workers to resume work in various enterprises of the group.
3. 37. The Committee takes note of this information but regrets that not all the strikers have been reinstated in their jobs. However, given that the judicial authority has ruled in favour of the enterprises and the allegations date from 1996, it does not appear to be possible to enforce the reinstatement of those workers who remain out of work under existing legislation. The Committee therefore requests the Government to take steps to bring the parties concerned together with a view to achieving the reinstatement in their posts of as many of the dismissed workers as possible.