Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 332, Novembre 2003

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

1. 77. At its March 2003 meeting, the Committee formulated the following recommendations on the issues that remained outstanding [see 330th Report, para. 834]:
   • Deploring the attitude of the municipality of Esquipulas for dismissal of 42 trade unionists without the judicial authorization provided for in the Labour Code, as well as for refusing to reinstate the workers in their jobs despite warnings from the administrative authority, the Committee observes that this case has been submitted to the judicial authority and expresses the hope that the 42 trade unionists will be reinstated in their jobs very soon. The Committee requests the Government to inform it of the ruling that is handed down, as well as the text of Decree No. 35-96 of the Congress on the basis of which the dismissals were pronounced.
2. 78. In its communication of 29 August 2003, the Government states that on 22 January 2003, it intervened in the municipality of Esquipulas because of the complaint of the dismissal of 42 workers lodged against the municipality, the relevant proceedings were carried out and the reinstatement of the workers was ordered, an order which was not implemented. It repeats that the municipality in question was fined 9,000 quetzales for the labour infringement committed. In its communication dated 27 October 2003, the Government states that the workers have not accepted a proposal by the employer to pay all benefits due, as noted by the Labour Inspector.
3. 79. The Committee notes the information sent by the Government. The Committee notes that this case was submitted to the judicial authority. The Committee expresses, once again, its hope that the 42 trade unionists will be reinstated in their jobs very soon and requests the Government to inform it of the ruling that was handed down in this respect.