Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 316, Juin 1999

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

1. 76. During its last examination of the case in June 1998 (see 310th Report, paras. 557-575) the Committee urged the Government to ensure that the 1,500 or so leaders and members of the Telefunken Semiconductors Employees' Union (TSEU) who were dismissed further to their participation in strike action from 14 to 16 September 1995 were reinstated immediately in their jobs under the same terms and conditions prevailing prior to the strike with compensation for lost wages and benefits, in conformity with the Orders for Reinstatement issued by the Government's Department of Labor and Employment (DOLE). The Committee requested the Government to keep it informed of any developments in this regard. The Committee also requested the Government to institute without delay an independent judicial inquiry into the acts of violence carried out against TSEU members who were picketing on 20 and 21 October 1995 so as to identify and punish the guilty parties; it requested the Government to keep it informed of the outcome thereof.
2. 77. In a communication dated 25 January 1999 the Government states that on 20 August 1998, the Department received a copy of the Entry of Judgement certifying that the Court's decision on 12 December 1997 had become final and executory on 6 April 1998. In the light of this development, the Secretary issued a Writ of Execution on 26 August 1998 directing the immediate reinstatement of the workers in the company's payroll in the event that actual or physical reinstatement is impossible. The company's continued refusal to reinstate said workers led to its filing of a series of motions aimed at delaying the execution of said Writ, the last of which was a twin opposition filed on 21 October and 9 November 1998. On 2 December 1998, the Secretary of Labor and Employment issued an Order directing the Bureau of Working Conditions (BWC) to compute individual wages of the striking workers reckoned from 27 June 1996 up to the actual date of their reinstatement. A writ of execution shall likewise be issued to satisfy said
   • claims. The Government adds that it will update the Committee on any action taken by the Bureau of Working Conditions relative to the Order and the Court's decision on the company's latest motion in future.
3. 78. As regards the question of instituting an independent judicial inquiry into the acts of violence carried out against the TSEU members who were picketing on 20 and 21 October 1995, the Government reiterated the contents of its communication of 12 March 1998 that the Philippine National Police has clarified the issue and disproved the allegation of the strikers, stressing that their presence during the strike is only consistent with their mandate to enforce the law and secure peace and order in the area. Nevertheless, the Government states that it takes note of the Committee's recommendation.
4. 79. The Committee takes due note of this information. However, the Committee still notes with regret that four years have elapsed since the first Order for Reinstatement. It therefore asks the Government to guarantee expeditious and effective protection against any act of anti-union discrimination and once again urges the Government to make every effort to ensure that the members and leaders of the Telefunken Semiconductors Employees' Union (TSEU) are effectively reinstated in their jobs under the same terms and conditions prevailing prior to the September 1995 strike and to keep it informed of any developments therein as well as with regard to the results of an independent judicial inquiry carried out into the events of October 1995.