Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 360, Junio 2011

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

1. 100. The Committee last examined this case at its March 2010 meeting [see 356th Report, paras 137–142]. The case concerns approximately 1,500 leaders and members of the Telefunken Semiconductors Employees’ Union (TSEU) who, after being dismissed for their participation in strike action from 14 to 16 September 1995 and having failed to obtain their reinstatement (despite a Supreme Court judgment in that regard), have also been unable to obtain the payment of retirement benefits for the period they worked in the enterprise. During the last examination of this case, the Committee urged the Government to continue to intercede with the parties with a view to reaching, without any further delay, a mutually satisfactory settlement for the payment of retirement benefits to the dismissed workers.
2. 101. In a communication dated 28 March 2010, the complainant requests the good offices of the ILO in its struggle for justice.
3. 102. In a communication dated 15 November 2010, the Government indicates that the Department of Labor and Employment (DOLE), the leader of the dismissed workers and the Federation of Free Workers (FFW) have moved forward with the five take-off points for assistance to the remaining 300 dismissed workers (out of the 1,500) as follows: (i) scholarships were granted to eight dependants of the dismissed workers who qualified under the DOLE Workers’ Organization Development Programme; (ii) the efforts towards the requested condonation or restructuring of the outstanding Social Security Service (SSS) loans stalled due to the need for a legal basis to undertake a condonation; other possible ways are still being explored before the SSS board; (iii) the livelihood grant is ready but the project proposal is yet to be submitted; (iv) the qualified dismissed workers or their dependants are being matched for local or overseas work; the leader of the dismissed workers reported positive results; and (v) the Government’s attempts to establish contact with Temic Phils. and Telefunken Germany yielded no results; other ways are being explored together with the leader of the dismissed workers.
4. 103. The Committee notes with interest the award of scholarships to eight dependants of the dismissed workers and requests the Government to provide information on developments in regard to further assistance measures taken or envisaged for the dismissed workers, including the condonation of SSS loans, award of livelihood grants or job placement. The Committee regrets the lack of response from the companies Temic Phils. and Telefunken Germany to the Government’s letters calling for assistance and for an exploratory meeting with a view to resolving the issue involving the payment of retirement benefits to the dismissed workers.
5. 104. The Committee recalls its previous conclusion to the effect that “there is no doubt in the Committee’s mind that the 1,500 or so TSEU members were dismissed and not reinstated subsequently for having participated in strike action” [see 308th Report, para. 667]. Noting that, according to the complainants, the dismissed workers are entitled to the retirement plan which was part of their collective bargaining agreement and had already reached the requisite age and length of service even prior to the strike, the Committee considers that the dismissed workers should not be deprived of their lawfully acquired retirement benefits accrued over years of working for an enterprise. The Committee, therefore, urges the Government to pursue its efforts to establish contact with the companies concerned and to continue to intercede with the parties with a view to finding “out of the box” solutions and reaching, without any further delay, a mutually satisfactory settlement for the payment of retirement benefits to the dismissed workers. Recalling that justice delayed is justice denied, the Committee trusts that, after 16 years, this longstanding case will finally and equitably be resolved. It requests to be kept informed of the progress made in this regard.