Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 356, Mars 2010

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

1. 137. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paragraphs 218–222]. 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 14–16 September 1995 and having failed to obtain their reinstatement (despite a Supreme Court judgement 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 requested the Government to intercede with the parties, with a view to reaching a mutually satisfactory solution for the payment of retirement benefits to the dismissed workers.
2. 138. The Committee notes that the High Level ILO Mission to the Philippines, which took place from 22 September to 1 October 2009, requested the Government to review this long-standing case in the light of the Committee’s recommendations. The Committee notes the Government’s indication that, as a result, the DOLE has established contacts with the leader of the dismissed workers (affiliated to the TSEU) and the Federation of Free Workers (FFW), to which the unions of the spinned-off companies are affiliated, and has yet to establish contact with Telefunken. The FFW has presented five take-off points for assistance to the 1,500 dismissed Telefunken workers, and, on 12 January 2010, the leader of the dismissed workers has submitted the proposed five items for discussion with the DOLE. The Government indicates that an update report will be provided based on the outcome of the exploratory talks.
3. 139. The Committee takes note of this information and requests to be kept informed of the outcome of the discussions held among DOLE, Telefunken, FFW and the leader of the dismissed workers. Recalling that justice delayed is justice denied, the Committee cannot but regret once again the manifest lack of equity in this case, owing to the excessively long period of time over which the issue of reinstatement was pending (five years); the particularly large number of workers dismissed (some 1,500); the final decision confirming dismissal and denying reinstatement, which reversed a series of earlier rulings in favour of the workers including from the Supreme Court and lastly, the denial of these workers’ vested rights in terms of pensions.
4. 140. The Committee recalls that the issue of pensions is linked to freedom of association to the extent that these workers are denied their retirement benefits as a result of their dismissal pursuant to the strike staged in September 1995. It recalls from the previous examination of this case its 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 to having participated in strike action” [see 308th Report, paragraph 667].
5. 141. In this regard, the Committee expresses regret at the 2008 decision of the Supreme Court, which, following the denial of reinstatement in 2000 due to the alleged illegality of the strike, denied to the dismissed workers, for the same reasons, the retirement benefits for the period they had worked in the enterprise. The Committee is particularly concerned at the fact that this decision took no account of the previous judgements in favour of the complainant organization, including that of the Supreme Court itself in 1997. Noting that, according to the complainants, the dismissed workers are entitled to the retirement plan which was included in their collective bargaining agreement, and had already reached the requisite age and length of service even prior to the strike of 14 September 1995, 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, particularly in the light of the history of this case as described above.
6. 142. The Committee notes with concern the information supplied by the FFW to the High-Level Mission that about 1,000 of the 1,500 dismissed workers were not working at all any more due to age restrictions, and considers the impact of the loss of livelihood upon these individuals and their families as substantial and distressing. The Committee, therefore, once again urges 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. The Committee requests to be kept informed of any progress achieved in resolving speedily and equitably this case which has been at a stalemate for the last 15 years.