Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 335, Novembre 2004

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

1. 77. At its May-June 2004 meeting, the Committee made the following recommendation [see 334th Report, para. 407]: with regard to the restructuring carried out at the General Directorate of Taxation Support of the Ministry of Finance and Public Credit, with the dismissal of 350 employees shortly after the Directorate was established and workers were transferred to it from other departments of the Ministry of Finance, 80 per cent of those workers being members of the Trade Union of the Ministry of Finance and Public Credit, including the executive committee, the Committee requests the Government to take steps to ensure that an investigation is carried out to determine the alleged anti-union nature of this restructuring, and to keep it informed in this respect.
2. 78. In a communication dated 16 June 2004, the Trade Union of Communication Workers (USTC) sent new information.
3. 79. In its communication dated 1 September 2004, the Government states that the Ministry of Finance and Public Credit indicates that the restructuring was carried out in accordance with legal and regulatory standards and explains that:
   • - Decree No. 1660 of 1991 established the special systems for retirement from service, through financial compensation, applicable to, amongst others, the employees or public employees of the Executive Branch of the Administration.
   • - In accordance with article 7 of the aforementioned decree, when developing personnel programmes, bodies may adopt collective retirement plans with compensation, aimed at career staff or staff subject to free appointment and dismissal.
   • - The provisions on the organizational structure of the General Directorate of Taxation Support, established in Decree No. 1642 of 1991, require the hiring of new staff to carry out the functions referred to in the aforementioned decree.
   • - In accordance with the terms of article 7 of Decree No. 2100 of 1991, the Higher Council on Fiscal Policy (CONFIS) agreed that the Collective Plan for Retirement with Compensation designed for the General Directorate of Taxation Support was adequate from a financial and fiscal point of view.
   • - In Resolution No. 00101 of 1992, a collective retirement plan with compensation was adopted for the General Directorate of Taxation Support of the Ministry of Finance and Public Credit.
   • - Through Resolutions Nos. 486, 487, 835, 836, 868, 885, 887, 888 and 890 of 1992, applications for voluntary retirement on the part of some public employees of the General Directorate of Taxation Support were accepted.
4. 80. As to the fact that, at that time, a certain number of public employees belonged to a trade union-type organization, the Government states that the Ministry of Finance holds that its acceptance of each of the applications for voluntary retirement was in line with the legal and regulatory labour standards covering such cases. At no time was there any violation of the rights those individuals held as public employees.
5. 81. The Committee takes note of this information and requests the Government to inform it if, following the alleged dismissals and transfers, any legal action is taken as a consequence of anti-trade union discrimination within the framework of the restructuring process being carried out within the General Directorate of Taxation Support of the Ministry of Finance and Public Credit. Should any such legal action be taken, the Committee requests the Government to transmit the results of that action. The Committee also requests the Government to transmit its observations regarding the communication of the USTC, dated 16 June 2004.