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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- 33. The Committee last examined this case at its November 2011 meeting [see 362nd Report, paras 1081–1097] and made the following recommendations:
- (a) With regard to the collective dispute in the Chinautla Municipal Authority, the Committee notes that, according to the Government, two certificates were issued, which were forwarded to the district office of the Public Prosecutor and to the First Criminal Court of the First Instance for Crimes against the Environment, and the proceedings are under way. The Committee requests the Government to keep it informed in this regard;
- (b) With regard to the allegations of SINTRAMUNICH, according to which the Chiquimula Municipal Authority dismissed or requested the termination of the contracts of employment of several workers (in particular members of the union) and made the payment of wages conditional on resignation of the workers, despite the existence of two judicial proceedings on a “collective dispute of a social and economic nature”, the Committee recalls that it requested the Government to take the measures necessary to reinstate those workers who were dismissed without the authorization of the court, in defiance of a judicial decision on a “convocation to collective bargaining” which prohibits any termination of contracts without judicial authorization, with payment of the wages due, and to keep it informed in this respect and to inform it of the decision of the Conciliation Tribunal. The Committee requests the Government to indicate without delay whether the workers who were dismissed without the authorization of the court have been effectively reinstated in their posts and have received wages and other benefits due to them; and
- (c) With regard to the collective bargaining process between the Chiquimula Municipal Authority and SINTRAMUNICH, the Committee requests the Government to keep it informed of the follow-up given to the direct negotiation of the list of demands and to send it a copy of the decision handed down by the Conciliation Tribunal.
- 34. In communications dated 8 February and 8 March 2013, the Government provides information on the role of the National Civil Service Authority and on the collective bargaining process between the Municipality of Chiquimula and SINTRAMUNICH, indicating that the Labour, Social Welfare and Family Court of First Instance ordered the formation of a Conciliation and Arbitration Tribunal. On 27 July 2011, that tribunal held its conciliation hearing, which resulted in the approval of the entire collective agreement on working conditions signed by both parties, valid from 1 August 2011 to 1 August 2013.
- 35. The Committee notes this information with interest. As regards recommendations (a) and (b), the Committee regrets that the Government has not sent the requested information and once again requests it to provide this without delay.
