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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
- 18. The Committee examined this case at its March 2002 meeting, and on that occasion:
- - expressed the hope that the judicial proceedings initiated in relation to the death of Mr. Luis Lagos and the serious injuries sustained by Mr. Donaldo Zamora during the strike held in the FABISA enterprise will determine those responsible and be concluded rapidly and that, in the event that it is determined that a crime has been committed, the guilty persons will be sanctioned; and
- - requested the Government to endeavour to ensure that the agreement to review the situation of the workers who participated in the strike held in the FABISA enterprise between 26 April and 14 June 2001 is respected, that the situation of the workers dismissed after the agreement was reached is reviewed, and if it is found that they were dismissed for exercising their legitimate trade union activities, to take effective measures to ensure that they are reinstated. The Committee requested the Government to keep it informed of any steps taken in this respect [see 327th Report, paras. 312?326].
- 19. In a communication dated 27 March 2002, the Government states that:
- (a) the judicial proceedings filed under No. 1086-3 with the 18th Criminal Court of Santiago, against the driver of the vehicle that caused the accident leading to the death of the worker Mr. Luis Lagos and injuring Mr. Donaldo Zamora, are now in the pre-trial investigation stage. The driver faces charges of homicide and causing serious injury and has been released on bail for the payment of a sum of money; and
- (b) the FABISA enterprise, employer of the dismissed workers, in spite of the good offices of the Labour Directorate, represented by the Regional Labour Director of the Metropolitan Region, did not fulfil its commitment to review the dismissals of the workers with a view to their reinstatement but, on the contrary, dismissed them for reasons that removed their entitlement to compensation. Legal action concerning possible anti-union practices at the time of the events should have been taken by the persons affected, but they failed to take the issue to the competent judicial authorities. In this respect, it should be noted that, through the reforms introduced by Law No. 19759, the legislation concerning anti-union practices has been amended, giving the Labour Directorate the power to take a more active role when it becomes aware of situations or activities that could be classed as anti-union practices. The law provides an obligation for the Directorate to investigate, ex officio or at the request of an interested party, the facts at its disposal and, if appropriate, to transfer them to the competent judicial authority. It shall also enclose the report of the Inspectorate, which constitutes a significant procedural improvement in comparison with previous legislation. Moreover, it is provided with the power to become a party, if it considers it necessary, in trials pertaining to this issue. The recent legal amendments also establish a new judicial procedure for examining cases concerning anti-union and unfair practices, designed to speed up proceedings, to the benefit of the workers concerned. A significant increase in the fines imposed to sanction anti-union practices, which will consist of sums of between 10 and 150 monthly tax units, will act as a disincentive to discrimination. These labour reforms will have a positive impact on labour relations, discouraging practices that hinder the effective exercise of trade union rights and collective negotiation, and enhancing the protection offered to those concerned.
- 20. Taking note of this information, the Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way concerning the death of Mr. Luis Lagos and the serious injuries sustained by Mr. Donaldo Zamora during the strike held in the FABISA enterprise in May 2001. Moreover, the Committee deeply regrets that the FABISA enterprise has failed to respect the agreement to review the dismissals of 23 workers following the strike. In this respect, the Committee requests the Government to carry out an investigation concerning these dismissals and, if it is found that the workers were dismissed for exercising their trade union activities, to take all necessary measures within its power to ensure that they are reinstated. The Committee requests the Government to keep it informed in this regard.
