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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
- 209. At its meeting in June 2007, the Committee made the following recommendations [see 346th Report, para. 1259]:
- – The Committee requests the Government to examine, in conjunction with the complainant federation, the situation regarding the Secretary-General of the Association (which is in the process of being established) of Officials of the Interoceanic Regional Authority (AFARI), Ms Vidalia Quiroz, who contrary to the other reinstated union leaders, is receiving, according to the allegations, a lower salary in the new institution to which she has been reassigned than she earned previously. The Committee requests the Government to ameliorate, correct and resolve the situation if it finds that anti-union discrimination occurred. The Committee requests the Government to keep it informed of developments in this respect.
- – The Committee requests the Government to ensure that the leaders of the AFARI have been paid the salaries and other benefits due to them and to keep it informed of developments in this respect.
- 210. In its communication of 17 November 2007, the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) rejects the previous statements made by the Government and indicates that Act No. 9 on administrative careers provides that the leaders of legally-recognized associations of public officials “cannot be subject to reductions in the Government labour force” and that the salaries owed to the union leaders, as agreed with FENASEP, have not been paid in full.
- 211. In its communication of 17 October 2007, the Government reiterates that the alleged dismissals of public officials were a result of the Interoceanic Regional Authority ceasing to exist, which meant that contracts were terminated on 31 December 2005 and replaced by temporary contracts at the Ministry of Economy and Finance from 3 January 2006. The Government adds that it does not owe any legal benefits to the former public officials. The trade union leaders are not entitled to the 13th-month payment of December 2006 as they only worked until 13 July 2006. The former public officials – including trade union leaders such as Ms Vidalia Quiroz – were recruited to work for one year in the Social Investment Fund. The Government indicates that, after being consulted about the difference in salary with regard to her previous post, Ms Vidalia Quiroz accepted her post and new functions as at that time there was no similar position with the same salary as the one she received at the Interoceanic Regional Authority. The Government reiterates that salaries and benefits have been paid in full.
- 212. The Committee takes note of this information and, in view of the differing accounts given by the Government and the complainant organization, invites the parties to discuss these issues in the bipartite committee set up by the Government and FENASEP.
