Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

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

1. 53. The Committee examined this case at its meeting in June 2005 [see 337th Report, paras. 38-48], and on that occasion:
   • (a) As regards the allegations of acts of intimidation and violence by the police during a gathering of striking workers outside the company’s buildings on 1 and 2 May 2000 (resulting in workers being injured and detained), the Committee noted that the Government had written to the Governor of the Province of Quillota and was waiting for a reply. The Committee requested the Government to send the Governor’s report on those matters as soon as he received it.
   • (b) With regard to the dismissal of workers enjoying trade union immunity at Electroerosión Japax Chile S.A., the Committee noted the Government’s statement that the court had admitted the judicial proceedings concerning anti-union practices against union official, Mr. Jorge Murua Saavedra, and had ordered his reinstatement, imposed heavy fines on the enterprise for unfair practices in collective bargaining and placed it on the list of enterprises found guilty of anti-union practices. The Committee requested the Government to keep it informed of the effective reinstatement of Mr. Saavedra.
2. 54. In its communication of 15 September 2005, the Government states with regard to the judicial hearing at which the reinstatement of the trade union leader Jorge Murua Saavedra was ordered, that the company refused to comply with the order handed down in 2002 and that consequently the court issued a warrant for the arrest of the company’s legal representative (as the representative was not found, a warning fine was imposed). The Government states, lastly, that the legal counsel dealing with the case, together with the union, is examining strategies for enforcing the ruling.
3. 55. The Committee takes note of this information. The Committee regrets that, despite the time that has elapsed since the ruling ordering the reinstatement of the union leader Jorge Murua Saavedra in the company, Electroerosión Japax Chile S.A., this has not been given effect. Under these circumstances, the Committee expresses the hope that the trade union leader in question will be reinstated in his post in the near future, and requests the Government to keep it informed in this regard. At the same time, the Committee requests the Government to communicate the information that has been requested concerning the alleged acts of intimidation and violence by the police against striking workers on 1 and 2 May 2000 during a gathering in front of the company, Sopravel S.A. (which resulted in a number of people being injured and detained).