Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 340, Mars 2006

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

1. 69. The Committee last examined this case at its meeting in November 2004 [see the 335th Report, paras. 66-76]. On that occasion:
   • n with regard to the disparity in wages paid to different workers employed in the same departments at the Hilazas Vanylon Enterprise S.A., the Committee requested the Government to ensure that workers at the enterprise were not discriminated against with regard to wages because of their trade union membership, and to keep it informed of any steps taken in that respect;
   • n with regard to the allegation regarding the conclusion of service contracts with workers’ cooperatives at the enterprises mentioned by the complainant (Fabricato Tejicondor, Coltejer and Textiles Rionegro, Riotex, Leonisa, Everfit-Indulana), thereby obstructing freedom of association, the right to present lists of claims and the right to strike, the Committee recalled that the notion of “worker” means not only salaried worker but also independent or autonomous worker, and considered that workers associated in cooperatives should have the right to establish and join trade union organizations of their own choosing. The Committee requested the Government to take the necessary measures to amend the legislation accordingly, and to keep it informed of developments;
   • n with regard to the allegations regarding the establishment of a single collective agreement within the enterprise Fabricato Tejicondor, the Committee noted that according to the Government, the main trade union is SINDELHATO, to which more than 50 per cent of the workforce belongs, while the unions SINALTRADIHITEXTO and SINTRATEXTIL have much fewer members;
   • n with regard to the allegation that within the enterprise Riotex, part of the Fabricato group, unionized workers had not benefited from the 7.49 per cent rise since
2. 16 July 2003, the Committee requested the Government to carry out an inquiry into the matter and, should the allegation be substantiated, to ensure that unionized workers be paid the appropriate sum owed and to keep the Committee informed in that respect.
3. 70. In a communication dated 28 March 2005, the Government sent confirmation from the Bello Circuit Labour Court that two court cases were under way, having been initiated by SINALTRADIHITEXTO against Textiles Fabricato Tejicondor and SINDELHATO for failure to implement the collective agreement between the company and SINALTRADIHITEXTO, refusal to discuss a list of conditions with the trade union and refusal to grant trade union leave, among other things.
4. 71. The Committee takes note of the Government’s information. The Committee nevertheless regrets that, despite the time that has elapsed since the last examination of the case, the Government has not sent any information concerning the questions referred to above. The Committee accordingly requests the Government to send information without delay on developments in the case, in particular with regard to the allegation that in the enterprise Riotex, part of the Fabricato group, unionized members have not benefited from the 7.49 per cent increase since 16 July 2003.