Rapport intérimaire - Rapport No. 181, Juin 1978

1. 211. The complaint of the Latin American Central of Workers (CLAT) is contained in a letter dated 13 October 1977. The Government forwarded its comments by a communication dated 1 February 1978.
2. 212. Guatemala has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 213. The CLAT, acting on behalf of its affiliated organisations, the National Central of Workers (CNT) and the Central American Confederation of Workers (CCT), complained that Guatemalan workers had been subjected to repression. It also claimed that the Government disregarded the most elementary trade union rights and freedoms and had refused for more than a year to grant legal personality to the union of employees of the "La Florida" Bus Consortium, although the union had complied with all the necessary formalities.
2. 214. Furthermore, continued the CLAT, the firm had illegally dismissed the entire executive Committee of the union as well as 35 employees of the undertaking.
3. 215. In its reply the Government denies the accusations made against it. It begins by stating that in the register of trade unions there is no recognised trade union organisation with legal personality by the name of the National Central of Workers (CNT). It adds that freedom of association exists in Guatemala under the law since it is a country governed by its laws; every application for the granting of legal personality and for the registration of a union executive is examined in accordance with the statutory procedure, without discrimination. Thus 80 trade unions were granted legal personality in 1977. An application from the union of employees of the "La Florida" Consortium is now being considered, in accordance with the law, by the National Department for the Protection of Workers. In the documents appended by the Government to its communication it is stated that the file on the application has been transmitted to the General Inspectorate of Labour.
4. 216. According to these documents, the General Inspectorate of Labour intervened in the industrial dispute between the representatives of the urban bus company "La Florida" and the dismissed workers. Appropriate warnings were issued, and since they remained without effect an appeal was lodged with the competent judicial body. The workers concerned, knowing full well that the labour inspectorate had no power of coercion to compel the undertaking to reinstate the dismissed employees, initiated proceedings in the labour and social welfare courts, whose final decision is now awaited. It is pointed out that the General Inspectorate of Labour examines all industrial disputes in accordance with the statutory provisions, having regard in particular to the general principles of the labour law.

B. B. The Committee's conclusions

1. 217. The Committee notes that it is more than a year since the union of employees of the "La Florida" Bus Consortium filed its application for the granting of legal personality, which it must have in order to be able to function as a trade union. This considerable delay, unexplained by the Government, constitutes in itself an impediment to the freedom to form workers' organisations which is one of the cornerstones of freedom of association. While the Committee has, in a number of cases, found it acceptable that certain formalities, relating-to publicity in particular, should have to be observed in connection with the formation of a trade union, it has added that such requirements must not be such as to be equivalent, in law or in practice, to previous authorisation. In this connection Article 2 of Convention No. 87 provides that workers shall have the right to establish organisations of their own choosing without previous authorisation, and Article 7 stipulates that the acquisition of legal personality by organisations shall not be made subject to conditions of such a character as to restrict the application of the provisions, in particular of Article 2.
2. 218. As for the dismissal by the employer of all the members of the union's executive Committee, as well as other employees, this is a serious step the sweeping nature of which might lead one to presume that it was taken for anti-union reasons. In other cases relating to Guatemala, the Committee has already had to examine similar allegations concerning anti-union practices directed against members of unregistered company employees' unions, and in some cases the actual disappearance of the unions in question. The Committee noted in particular, in connection with one of these cases, that Guatemalan legislation contained a number of provisions designed to protect workers against acts of anti-union discrimination, but that, in practice, it was doubtful that adequate protection against such acts in fact existed.
3. 219. In the present instance, the workers concerned have lodged an appeal with the courts against the measures taken against them. It is important that this appeal should be heard within the shortest possible time; in fact, should the employer be found to be at fault, but belatedly, serious harm might be done to the interests of the workers concerned, and their union, being for company employees only, might even disappear altogether.