Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 386, Junio 2018

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

1. 15. The Committee last examined this case at its March 2014 meeting [see 371st Report, paras 256–269]. The Committee recalls that on that occasion it asked the Government: (i) to send its observations on the allegation that disciplinary proceedings had been instituted against thousands of union members who had participated in the national congress of the Secondary School Teachers’ Association (APSE) and had only provided proof of their attendance in the form of a record containing signatures that were scanned; and (ii) to keep the Committee informed of any decision taken in that regard.
2. 16. In a communication dated 12 March 2014, the Government indicates that the Ministry of Public Education informed the trade union organization representatives in good time of the requirements that needed to be fulfilled by officials attending the trade union congress who wished to take paid leave. The Government indicates that attendance at the congress was authorized subject to the condition that the officials submitted the original proof of attendance provided by the APSE during the week following the event. The Government alleges that the failure to fulfil this requirement was what gave rise to the disciplinary proceedings and that the suspension without pay applied in only 19 cases, emphasizing that it guaranteed due process and the right to a defence in all the proceedings. The Government explains that it never had the intention of prohibiting the participation of union members in the congress but that it was a question of ensuring compliance with the obligation to prove attendance at the APSE national congress by means of a valid formal instrument.
3. 17. The Committee notes this information and will not pursue its examination of the case.