Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 330, Mars 2003

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

1. 56. The Committee examined this case which concerns the refusal of registration of an enterprise trade union and anti-union dismissals at its March 2002 meeting [see 327th Report, paras. 439-446]. The Committee then made the following recommendations: (1) as regards the fact that the trade union of Inca Metal S.A. was unable to obtain legal personality as a trade union, the Committee requests the Government to ensure that the trade union is granted legal personality as soon as it complies with the requirements laid down in law (in particular to have a minimum membership of 25 workers); and (2) as regards the dismissal of 22 workers from the enterprise in 1999, the Committee requests the Government to recommend to Inca Metal S.A., should it anticipate hiring new workers, to make every effort to rehire as many as possible of the 22 workers who were dismissed for economic and restructuring reasons.
2. 57. In a communication dated 13 January 2003, the Government indicates that: (1) as regards the registration of SINTRAINCAMETAL, the Antioquia Territorial Directorate has received no registration request to date; and (2) it cannot interfere into the company’s hiring procedures as regards the 22 workers dismissed in August 1999 for economic and restructuring reasons.
3. 58. The Committee notes this information. It requests the Government to ensure that SINTRAINCAMETAL be registered without delay, if it fulfils the legal requirements in this respect. The Committee takes note of the Government’s observations concerning the dismissal of 22 workers from Inca Metal S.A. due to a process of economic restructuring. It notes, however, that based on the allegations submitted by the complainant in the previous examination of the case [see 327th Report, para. 441], these workers were the founders of the former enterprise trade union and had refused the collective agreement of 1998. In addition, after these dismissals, the company hired more than 200 workers. The Committee recalls the principle contained in Recommendation No. 143 on the protection and facilities to be afforded to workers’ representatives in cases of staff reductions, which mentions among the specific measures to be taken “that recognition of a priority should be given to workers’ representatives with regard to their retention in employment in case of reduction of the workforce” [see Digest of decisions and principles of the Freedom of Association Committee, 1996, 4th edition, para. 960]. In these circumstances, the Committee requests once more that the Government recommend to Inca Metal S.A., should it anticipate hiring new workers, to make every effort to rehire as many as possible of the 22 dismissed workers.