Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 356, Marzo 2010

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

1. 46. The Committee last examined this case at its June 2009 meeting [see 354th Report, paras 61–62]. On that occasion, the Committee asked the Government to indicate the reasons why the trade unionist Mr Jiménez Suárez was relieved of his duties at the General Directorate of Taxation Support of the Ministry of Finance and Public Credit and in particular whether the legal procedures for the lifting of trade union immunity were followed when he was dismissed. In a communication of 1 October 2009, the Government states that it has requested information from the Ministry of Finance and Public Credit. The Committee notes this information and requests the Government to keep it informed about the matter.
2. 47. With regard to the allegations made by the General Confederation of Labour (CGT) on 21 May 2008 concerning the dismissal of Mr Gregorio Gutiérrez Torres from the National Telecommunications Company (TELECOM) under liquidation without having lifted trade union immunity, the complainant states that the first instance judicial authority ruled that in the event of the liquidation of a company it is not necessary to lift trade union immunity.
3. 48. In a communication dated 4 September 2009, the Government states that the TELECOM liquidation process was due to financial reasons, and was not intended to undermine freedom of association and the right to organize, and that the Committee has already examined this matter.
4. 49. The Committee notes this information. Observing that the matter of the liquidation of TELECOM and the resulting dismissal of the workers has already been examined in this case [see 334th Report, para. 304], and that, on that occasion, the Committee felt it was not in a position to determine whether the restructuring was carried out solely with the aim of rationalization or whether it was a cover for acts of anti-union discrimination, and taking into account the judicial authority’s ruling that in accordance with legislation it is not necessary to lift trade union immunity in the event of the liquidation of a company, the Committee will not pursue these allegations.