Interim Report - Report No 360, June 2011

1. 612. The Committee last examined this case at its March 2010 meeting [see 356th Report, approved by the Governing Body at its 307th Session, paras 700–717].
2. 613. In the absence of any reply from the Government, the Committee has been obliged to postpone its examination of the case on two occasions. At its meeting in November 2010 [see 358th Report, para. 5], the Committee addressed an urgent appeal to the Government, drawing its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report (1972), approved by the Governing Body, it may present a report on the substance of the case at its next meeting even if the information or observations requested have not been received in due time. To date the Government has not sent any information.
3. 614. El Salvador has ratified Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 615. At its March 2010 meeting, the Committee made the following recommendations [see 356th Report, para. 717]:
   • (a) As regards the allegations of anti-union dismissal of Ms Berta Aurelia Menjivar (founder member of the trade union branch), Mr Joaquín Reyes (member and former union official), Mr José Antonio Valladares Torres and Mr Roberto Carlos Hernández (union officials), and non-payment of wages owed to them, the Committee requests the Government to keep it informed of the final outcome of the legal proceedings against Mr José Antonio Valladares Torres and to send a copy of the court rulings already given regarding the other union officials concerned.
   • (b) Concerning the alleged intimidation against trade unionists, in particular the stationing inside the plant of armed guards who called on workers not to join the SGTIPAC, the Committee requests the Government to conduct an investigation without delay into these allegations and to keep it informed of the final outcome.
   • (c) As regards the alleged recognition as a legal entity of a trade union (the Union of Workers of Calvoconservas El Salvador SA de CV) within the company, comprising company heads and trusted individuals, as well as the negotiation of a collective agreement between that union and the company, the Committee once again requests the Government to conduct an investigation without delay into these allegations and to keep it informed of the final outcome.

B. The Committee’s conclusions

1. 616. The Committee observes that in this case the complainant organizations allege anti-union dismissals, acts of intimidation against trade unionists and anti-union practices at a company (recognition of an employer-controlled trade union and negotiation of a collective agreement with that trade union).
2. 617. The Committee deeply regrets to note that, despite its urgent appeal, the Government has not provided any information, and urges it to comply with the Committee’s earlier recommendations, reproduced above, without further delay.
3. 618. The Committee requests the Government to obtain information on the pending questions through the employers’ organization concerned.