Effect given to the recommendations of the committee and the Governing Body - Report No 370, October 2013

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

1. 103. In its previous examination of the case in June 2011, the Committee made the following recommendations on matters still pending [see 360th Report, para. 1165]:
   • The Committee requests the Government to guarantee in writing that FEDEUNEP and FETRASALUD can hold executive committee elections without any involvement by the National Electoral Council, including with regard to resources, as it is not a judicial body and does not enjoy the confidence of a large number of trade union organizations in the country. The Committee expresses the firm hope that the FEDEUNEP and FETRASALUD executive committee elections will take place without delay and that, in the future, the authorities will engage in collective bargaining with these organizations. The Committee requests the Government to keep it informed in this regard.
2. 104. In its communication dated 17 October 2011, the Government reiterates its previous information regarding the electoral default of the executive committee of the federations in question, which precludes them from collective bargaining.
3. 105. The Government adds that, in a communication of 3 May 2010, the members of the executive committee of FETRASALUD informed the electoral authorities of a decision to hold an election of the executive committee of that federation. However, at a later date the interested parties indicated that they would not continue that electoral process as they were introducing an amendment to the statutes. Then, on 4 August 2011, they indicated that the federation’s electoral process would be held in 2011 and to that end they submitted the text of the new internal statutes of FETRASALUD; however, they were notified that certain documents were missing and to this date the interested parties have not appeared again before the corresponding authorities. Therefore, the Government again reiterates that it is not a question of refusal by the corresponding authorities or the national Government itself to enter into dialogue or collective bargaining with those trade union organizations, but of compliance and enforcement of the legal regulations in this regard and the faithful implementation of ILO Conventions Nos 87 and 98.
4. 106. The Committee reiterates its recommendation to the Government to provide FEDEUNEP and FETRASALUD with written guarantees that they can hold their elections without any intervention by the National Electoral Council with a view to their being able to bargain collectively.