Report in which the committee requests to be kept informed of development - Report No 329, November 2002

Case No 2163 (Nicaragua) - Complaint date: 08-NOV-01 - Closed

Allegations: Trade union dues of the Education and Culture Workers’ Federation of Nicaragua not deducted as a result of their statement that they were willing to begin strike action.

1. 698. The complaint is contained in a communication from the Latin American Federation of Education and Culture Workers (FLATEC) dated 8 November 2001; subsequently the association submitted further information on 5 March 2002. The Government replied in a communication dated 13 November 2001. On two occasions, the Office requested, without success, clarifications from the complainant organization on statements made by the Government.
2. 699. Nicaragua has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 700. In its communication of 8 November 2001, the Latin American Federation of Education and Culture Workers (FLATEC) states that in Nicaragua, in accordance with national legislation, the State deducts the trade union dues of education workers belonging to the trade union association in question, and pays the trade union dues by cheque directly to the Education and Culture Workers’ Federation of Nicaragua (FENITEC), affiliated to FLATEC. The complainant organization states that this customary practice for the whole of the labour collective and the other trade union associations of the country underwent a serious change after the President of the Republic, in a public speech, said that, finding himself in disagreement with the executive committees of the trade union associations for education, the check-off facility for trade union dues would be withdrawn for the trade unions of the country, and among them FENITEC, as they had indicated their willingness to begin strike action in March 2001. This interference by the State in the trade union freedoms of local workers of the organization was carried out and, to date, as a result of this reprisal against the trade unions, FENITEC is undergoing serious economic problems in continuing to develop its trade union programme and activities in defence of the interests of its members.
2. 701. In its communication dated 5 March 2002, FLATEC stated that, following the submission of the complaint to the Committee on Freedom of Association, the Government convoked FENITEC to find a solution to the problem, thus providing a possibility of resolving the conflict in the framework of a renewal of collective bargaining in the education sector.

B. The Government’s reply

1. 702. In its communication dated 13 December 2001, the Government states that the provisions of the Labour Code are compulsory for all natural or legal persons established in the country. With regard to the deduction of the trade union dues of workers, this must take place expressly, that is to say the workers must accept, by signing a document, that trade union dues are deducted from their wages. The document must be submitted by members of the executive committee of the trade union organization so that the deduction of trade union dues from the wages of the staff is carried out. The Government states that if the executive committees of trade union organizations follow the relevant procedures and the employer refuses to carry out the deductions, the trade unions can submit a complaint to the departmental delegations of the Ministry of Labour, which will take the necessary steps to ensure that the labour legislation is complied with.
2. 703. The Government states that the complaint lacks the following clarifications: the number of workers allegedly affected; any indication that the trade union organization complied with the relevant procedures in accordance with the law; and information on the departmental delegations of the Ministry of Labour where the respective complaints were presented.

C. The Committee’s conclusions

1. 704. The Committee notes that, in this case, the complainant organization alleges that the trade union dues of the trade union federation FENITEC were not deducted as a result of the statement of their willingness to begin strike action in March 2001. The Committee also notes that the complainant organization stated in March 2002 that the Government had convoked FENITEC to find a solution to the problem in order to resolve the conflict. The Government, meanwhile, while recognizing that the deduction of trade union dues from wages is provided for and regulated in the legislation, with the possibility of recourse to the administrative authorities if the legislation is not complied with, emphasizes that the complaint lacks clarification (number of workers affected, compliance with the legal procedures and presentation of complaints to the administrative authorities). The Committee notes that the Office has requested on two occasions, without success, that the complainant organization clarify these details.
2. 705. The Committee recalls that “the withdrawal of the check-off facility, which could lead to financial difficulties for trade union organizations, is not conducive to the development of harmonious industrial relations and should therefore be avoided” [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 435]. The Committee is of the opinion that non-deduction of trade union dues should not in any circumstances, be a measure caused by the carrying out of legitimate trade union activities. In this case, taking into account that national legislation allows for the deduction of trade union dues from wages, the Committee requests the Government to carry out an investigation and, if it finds that FENITEC has complied with the legal requirements, to ensure the immediate restoration of the deduction of the trade union dues of its members from their wages. The Committee requests the Government to keep it informed in this regard.

The Committee's recommendations

1. 706. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to carry out an investigation into the allegations and, if it finds that FENITEC has complied with the legal requirements, to ensure the immediate restoration of the deduction of the trade union dues of its members from their wages.
   • (b) The Committee requests the Government to keep it informed in this regard.