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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 199. The Committee last examined this case at its March 2006 meeting [see 340th Report, paras 1276–1296]. On that occasion, it made the following recommendations:
- (a) The Committee requests the Government to carry out an inquiry into the exact number of workers who remain locked out of their employment and the circumstances of the lock-out and to take the necessary measures to ensure that they are able to return to their posts with full compensation for lost wages and to ensure the application of the corresponding legal sanctions against the enterprise concerned. It requests the Government to keep it informed of the measures taken in this regard.
- (b) With regard to the allegation that, apparently, the enterprise would hire only non-unionized workers, the Committee recalls that such a policy constitutes a serious threat to the free exercise of trade union rights and requests the Government to take stringent measures to combat such practices if this allegation is confirmed following an independent inquiry. It requests the Government to keep it informed in this respect.
- 200. In its communication dated 31 August 2006, the Government indicates that the number of locked out workers was 179. Three workers were dismissed. The Government forwards a copy of the gazette notification of the arbitration involving the Free Trade Zones and General Services Employees’ Union and the New Design Manufacturing (Pvt) Ltd. The Government indicates that the arbitration inquiry was held on nine occasions and that the next hearing was scheduled for 4 September 2006. The Ministry of Labour Relations and Foreign Employment was awaiting the order of the arbitrator for further action.
- 201. The Government further states that there is no proof that the company was hiring only non-unionized workers. Furthermore, the factory was closed down. Although the company expressed its intention to reopen, this information was not confirmed by the Assistant Commissioner of Labour of the Department of Labour. Finally, the Government states that any further development with regard to this case will be reported to the Committee.
- 202. While taking due note of this information, the Committee recalls that cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective. An excessive delay in processing cases of anti-union discrimination constitutes a denial of justice and therefore a denial of the trade union rights of the persons concerned. Where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 826 and 835]. Recalling that the workers concerned were either dismissed or locked out in January 2005 and that the arbitration procedures were opened in June 2005, the Committee expects that the competent authorities will process this case without delay and that, if the allegations of anti-union discrimination are confirmed, will take suitable measures to remedy any effects of anti-union discrimination, including, in light of the closing of the factory, ensuring full compensation such as to constitute a dissuasive sanction against any recurrence of such acts. The Committee requests the Government to keep it informed in this respect.
