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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 70. At its June 2007 meeting, the Committee made the following recommendations on the matters that were pending [see 346th Report, para. 913]:
- (a) The Committee requests the Government to keep it informed of the final outcome of the proceeding, which should be expeditious, relating to the fine imposed on Industria de Hilos de El Salvador, SA de CV for the dismissal of trade union official Oscar López Cruz and for the payment of the wages owed to him and appropriate compensation.
- (b) The Committee requests the Government to keep it informed of the final outcome of the legal proceedings it mentioned concerning payment of compensation, wages and other benefits to the workers by the enterprise Hermosa Manufacturing SA de CV. Furthermore, the Committee requests the Government to take the necessary steps to conduct an investigation without delay to determine whether, as claimed by the complainants, the work stoppages in the enterprise were carried out in order to avoid the list of demands submitted by the STITAS trade union, and to keep it informed of the outcome of the investigation.
- (c) The Committee requests the Government to keep it informed of any legal action initiated by the officials of the STITAS trade union who were dismissed from CMT, SA de CV; the Committee also requests the Government to take the necessary steps to reinstate the officials in question without loss of salary if it is found that they were dismissed on anti-union grounds. Likewise – noting that the Government has not denied this allegation – the Committee requests the Government to take immediate action to stop the harassment and hounding at the homes of the STITAS trade union officials, where this is taking place, and punish those guilty of these acts and provide compensation to the victims.
- (d) With regard to Diana, SA de CV, the Committee requests the Government: (1) to keep it informed of the employment situation of Daniel Ernesto Morales Rivera who, according to the Government, is being paid wages but has not been reinstated in his post; (2) to initiate an investigation without delay to determine the reasons for which Carlos Mauricio Flores Saldaña and Rafael Antonio Soriano, members of the SIDPA trade union, were dismissed and to keep it informed on that matter; and (3) to initiate an investigation without delay to determine the specific facts which led to the disciplinary sanctions resulting in the dismissal of José Alfredo Ramírez Merino, Yanira Isabel Chávez Rodríguez and Heidi Sofía Chávez Leiva.
- 71. In its communications dated 11 June, 31 August and 17 December 2007, the Government provides the following information.
- 72. With regard to the allegations concerning the enterprise Industria de Hilos de El Salvador, SA de CV, the Government indicates that the procedure to impose a fine on the enterprise Industria de Hilos de El Salvador, SA de CV, for the dismissal of union official Oscar López Cruz and to order payment of the wages due to him because of a fault on the part of the employer has gone to appeal as the enterprise did not accept the fines imposed. In this respect, once the appeal procedures have been completed, the Committee on Freedom of Association will be informed of the outcome without delay. The Committee notes this information and requests the Government to provide a copy of the ruling that is handed down.
- 73. With reference to the allegations concerning the enterprise Hermosa Manufacturing, SA de CV, the Government states that it has requested information from the Office of the Prosecutor-General of the Republic on the situation and outcome of the court action initiated by certain workers (the sentences and their implementation, etc.) in relation to the payment of wages, benefits and other compensation. The Committee requests the Government to keep it informed in this respect.
- 74. The Government recalls in its reply that the enterprise has been closed down definitively since May 2005. The Committee concludes that its request for an investigation of the allegation that the work stoppages in the enterprise were carried out in order to avoid the list of demands submitted by the STITAS trade union, is no longer timely, and it will not therefore pursue its examination of this matter.
- 75. In relation to the allegations concerning the enterprise CMT, SA de CV, the Government indicates that as soon as it is informed through any channel of the legal action taken by the dismissed union officials it will notify the Committee, but that up to now these union officers have not approached the institutions of the Secretariat of Labour and Social Security. The Committee once again requests the Government to keep it informed of any court action taken by these union officials and, if it is confirmed that they were dismissed for anti-union reasons, to take measures for their reinstatement without loss of wages. With reference to the allegation of harassment and the hounding of the STITAS union officers at their homes, the Government recommends that the persons concerned file complaints with the Office of the Prosecutor-General of the Republic so that it can conduct the necessary investigations and identify those responsible. The Committee invites the complainant organizations and the STITAS union officials who were, according to the allegations, victims of harassment and hounding at their homes to lodge complaints with the Office of the Prosecutor-General so that those responsible can be identified, prosecuted and, where found guilty, punished.
- 76. With regard to the allegations concerning the enterprise Diana, SA de CV, the Government indicates with reference to Daniel Ernesto Morales Rivera that, despite not having been reinstated in his job, the enterprise continues to pay the wages that were due to this union member because of a fault on the part of the employer, as well as the other benefits payable under the collective labour agreement concluded between the enterprise and the union. In relation to the investigation requested by the Committee to determine the reasons for the dismissals of Carlos Mauricio Flores Saldaña and Rafael Antonio Soriano, members of the SIDPA trade union, and to determine the specific facts which led to the disciplinary sanctions resulting in the dismissal of José Alfredo Ramírez Merino, Yanira Isabel Chávez Rodríguez and Heidi Sofía Chávez Leiva, the Government reiterates that the General Directorate of Labour Inspection has not been notified of the dismissals of Carlos Mauricio Flores Saldaña and Rafael Antonio Soriano. With reference to the dismissals of José Alfredo Ramírez Merino, Yanira Isabel Chávez Rodríguez and Heidi Sofía Chávez Leiva, the Government once again indicates that they were dismissed for repeated disciplinary faults in the performance of their work and that they did not at the time have the status of union officials or members.
- 77. The Government adds that, in the light of the foregoing, it is the responsibility of the workers who were dismissed to file the respective complaints with the labour courts so that they can determine whether or not they were lawful.
- 78. The Committee regrets that the enterprise Diana, SA de CV, has not allowed Daniel Ernesto Morales Rivera to be reinstated in his job (even though his wages continue to be paid) and it requests the Government to keep it informed of developments in the situation of this SIDPA union member and of any action that may be taken by the authorities for his effective reinstatement. The Committee requests the Government to specify the precise acts that were considered to be disciplinary faults resulting in the dismissal of union members José Alfredo Ramírez Merino, Yanira Isabel Chávez Rodríguez and Heidi Sofía Chávez Leiva. The Committee invites the complainant organizations and the union members Carlos Mauricio Flores Saldaña and Rafael Antonio Soriano (members of the SIDPA) to contact the Ministry of Labour with a view to clarifying the circumstances of their dismissals and so that compensation procedures can be set in motion if their dismissals are found to be for anti-union reasons.
