Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 346, Juin 2007

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

1. 49. At its November 2006 meeting, the Committee made the following recommendations regarding the matters which remained pending [see 343rd Report, paras 88–91]:
   • With regard to the dismissal of Ms Edna Violeta Díaz Reyes, an official of the Trade Union of Workers of the Secretariat of Public Works of the First Lady of the Republic and to the acts of discrimination against Ms Cobox Ramón, “… given the Government’s information with regard to the situation of Ms Cobox Ramón to the effect that although proceedings are under way, the social partners concerned are willing to resolve the issue through conciliation, the Committee requests the Government to indicate whether that includes the alleged acts of anti-union discrimination against Ms Cobox Ramón and Ms Díaz de Reyes, as the Government does not refer to these, and to keep it informed of any agreement reached.”
   • As regards the undertaking by the Union of Independent Traders of the Central Campus of the University of San Carlos of Guatemala (SINTRACOMUSAC) and the University to resolve, by means of a direct agreement, the dispute between them, the Committee noted that according to the most recent communication of the Trade Union of Workers of Guatemala (UNSITRAGUA), not only has no agreement been reached, but the University, in addition, insists on negotiating with individual union members. “The Committee requests the Government to take the necessary steps to ensure that the parties reach a direct agreement to end the collective dispute between them, in accordance with their undertaking, and to ensure that negotiation with individual workers is not detrimental to collective negotiation with the trade union organization.”
   • The Committee requested the Government to send observations with regard to: “(a) the allegations concerning illegal dismissals, disciplinary proceedings, dismissals without just cause on grounds of reorganization, and transfers intended to force members of UNSITRAGUA at the Office of the Attorney-General of the Nation to resign, in connection with which it had requested the Government to keep it informed of any pending judicial decisions and inform it as to whether the other dismissed or transferred workers had initiated legal or administrative proceedings and, if so, to inform it of the decisions taken; and (b) the alleged supervision and interference by the State in the management of trade union funds, in connection with which the Committee had requested the Government to ensure that the functions of the Superintendent for Tax Administration were brought into line with the principles relating to the financial autonomy of trade union organizations, and, in consultation with the trade union confederations, to modify the legislation as necessary in this direction, and to keep it informed of measures taken in this respect.”
2. 50. In its communication of 13 June 2006 (received in January 2007), the Government states, with regard to the allegations relating to the Secretariat of Public Works of the First Lady of the Republic (SITRASEC), that, in the course of a labour inspection, the representative of the workers indicated that dismissals of members of the executive committee of the trade union and the advisory council, who enjoyed immunity as a result of their posts, had been carried out in 2004 without due process having been followed and that the secretariat had been summoned before the judicial authority while proceedings were ongoing. They added that the present authorities of the secretariat had not taken reprisals since they took up their functions in February 2006 and had shown that they were open to dialogue. The employer’s side informed the labour inspectors that, prior to sitting down at the negotiating table, they sought information and alternatives that would allow them to take a fair approach with regard to the staff, disregarding the actions of the previous administration and respecting legal proceedings under way, as well as freedom of association.
3. 51. In its communication dated 13 February 2007, the Government also states with regard to the Trade Union of Workers of the Secretariat of Public Works of the First Lady of the Republic (SITRASEC) and the dismissal of trade union official Edna Violeta Díaz Reyes, that on 10 October 2005 the National Civil Service Board upheld the complaint of the said person concerning her dismissal on the grounds of her position as a trade union official.
4. 52. The Committee notes this information with satisfaction and requests the Government to confirm that the trade union official Edna Violeta Díaz Reyes has been effectively reinstated in the post she formerly occupied. The Committee also requests the Government to report in particular on the situation of the trade unionist Ms Cobox Ramón (given that in its reply, the Government does not refer specifically to the said individual) and on the situations of other members of the executive committee of the trade union dismissed in 2004.
5. 53. Finally, the Committee deplores the fact that the Government has not sent information regarding the other issues pending regarding: (a) actions preventing collective bargaining in the University of San Carlos de Guatemala and the need for the authorities to take steps to ensure that the parties reach an agreement that puts an end to the existing collective dispute; (b) the allegations concerning illegal dismissals, disciplinary proceedings, dismissals without just cause in connection with reorganization, and transfers intended to force workers belonging to UNSITRAGUA in the Office of the Attorney-General of the Nation to resign, in connection with which it had requested the Government to keep it informed of any pending judicial decisions and inform it as to whether the other dismissed or transferred workers had initiated legal or administrative proceedings and, if so, to inform it of the decisions taken; and (c) the alleged supervision and interference by the State in the management of trade union funds, in connection with which the Committee had requested the Government to ensure that the functions of the Superintendent for Tax Administration were brought into line with the principles relating to the financial autonomy of trade union organizations, and, in consultation with the trade union confederations, to modify the legislation as necessary in this direction, and to keep it informed of measures taken in this respect. The Committee once again urges the Government to keep it informed of these three issues.