Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 320, Mars 2000

1. 671. The complaint is contained in a communication from the National Federation of Public Employees' Trade Unions (FENASEP) dated 26 January 1999. The Government replied in a communication dated 27 August 1999.
2. 672. Guatemala has ratified 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. The complainant's allegations

1. 673. In its communication of 26 January 1999, the National Federation of Public Employees' Trade Unions (FENASEP) alleges that Mr. Germán Rojas Martínez, Deputy General Secretary of the Union of Employees of the General Directorate of Civil Aviation, was dismissed on 27 December 1996 without a valid reason ("for organizational reasons"), without the court authorization required by law, in contravention of section 223(d) of the Labour Code and article 14 of the collective agreement concerning the protection of trade union officials. The complainant supplies the text of the court ruling of 12 May 1998 upholding a previous order of the Inspectorate of Labour to reinstate the official in question.
2. 674. The complainant also alleges the dismissal without a valid reason of Mr. Mario René Flores Chiquín, the Cultural and Sports Secretary of the Civil Aviation Trade Union Association, on 16 December 1998, also in violation of section 223(d) of the Labour Code and article 13 of the relevant collective agreement. According to Ministry of Labour documents supplied by the complainant, Mr. Flores Chiquín had held union office since August 1998 (the term of office would have ended in August 2000).

B. The Government's reply

1. 675. In its communication of 27 August 1999, the Government states with regard to the dismissal of Mr. Germán Rojas Martínez that the General Directorate of Civil Aviation agreed to his reinstatement, but to date he has not resumed work, despite being invited to do so on several occasions. All that is needed is for him to report to the General Directorate and the situation will be normalized.
2. 676. As regards the dismissal of Mr. Mario René Flores Chiquín, the Government states that at the time of his dismissal he did not have trade union privileges, since according to a labour registry certificate (which it says it supplied but which has not been received by the ILO) such union privileges were granted only after he had been dismissed. The General Directorate of Civil Aviation thus acted within its statutory powers and its actions cannot be regarded as an attempt to threaten or restrict freedom of association.

C. The Committee's conclusions

1. 677. The Committee notes that this case concerns allegations of dismissals without valid reasons of two trade union officials of the General Directorate of Civil Aviation, Mr. Germán Rojas Martínez (whose reinstatement has been ordered by a court) and Mr. Mario René Flores Chiquín, both of whom, according to the complainant, were covered by a special protection for trade union officials provided for in legislation.
2. 678. With regard to the first individual named above, the Committee notes that according to the Government, the General Directorate of Civil Aviation agreed to his reinstatement but that Mr. Germán Rojas Martínez has yet to report for work and when he returns the situation will be normalized. The Committee notes with regret that one and a half years passed between this official's dismissal on 27 December 1996 ("for organizational reasons" according to the complainant) and the court order for his reinstatement which was issued on 12 May 1998. The Committee deeply regrets the dismissal of this official and wishes to remind the Government of the principle according to which:
   • Cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective. An excessive delay in processing cases of anti-union discrimination, and in particular a lengthy delay in concluding the proceedings concerning the reinstatement of the trade union leaders dismissed by the enterprise, constitute a denial of justice and therefore a denial of the trade union rights of the persons concerned.
   • (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 749.)
3. 679. As regards the allegation concerning the dismissal of the trade union official Mr. Mario René Flores Chiquín on 16 December 1998 without judicial authorization, the Committee notes that the Government cites a certificate provided by the labour registry (which the ILO has not received) according to which the official in question acquired trade union privileges (irremovability) only after his dismissal. The Committee notes, however, that the complainant supplies a certificate from the labour registry according to which the officers of the Union of Employees of the General Directorate of Civil Aviation were registered in August 1998, while the dismissal occurred in December of the same year, and union officers remain in office for a period of two years. Under these circumstances, the Committee requests the Government to clarify the discrepancy between the two labour registry certificates and, if it is confirmed that the union official in question had trade union privileges at the time of his dismissal, to ensure that he is reinstated in his post immediately. The Committee requests the Government to keep it informed in this regard.