Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Case No 2205 (Nicaragua) - Complaint date: 30-MAY-02 - Closed

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

1. 82. The Committee last examined this case at its November 2002 meeting, and on that occasion expressed regret that the negotiation of a list of demands presented by the José Benito Escobar Workers' Trade Union Confederation (CST-JBE) in the construction sector had gone on for more than a year. The Committee notes with interest that the parties involved and officials from the Ministry of Labour signed agreements in August and September 2002 which ended the dispute. The Committee requested the Government to take steps to ensure that, in future, collective bargaining procedures are carried out within reasonable time limits [see 329th Report, para. 721, approved by the Governing Body in its 285th Session (November 2002)].
2. 83. In a communication dated 22 November 2003, the CST-JBE alleges serious delays in the negotiation of a collective agreement, in contravention of the time limits established by legislation. It adds that the Nicaraguan Construction Chamber (CNC) failed to attend the hearings set by the conciliator, which delayed negotiations, and that the Ministry of Labour has not responded to the complainant's request to appoint the president of the strike council.
3. 84. In its communication of 15 November 2004, the Government states that the collective agreement of 2002 provided for its own revision from 5 February 2003. The Government adds that, according to the employers, a considerable number of construction companies had closed down during the negotiations, while in others, workers were at their lowest productive capacity. The workers' committee complained of the repeated absences of the CNC from meetings. A request was made to the collective negotiations directorate to take steps in accordance with the law (section 385 of the Labour Code) to establish a strike council. The Government adds that, at the request of the members of the trade unions and confederations in this sector, the strike council was appointed within the statutory period once the negotiation process had been exhausted. The Government states that although this process took longer than the period stipulated by law, extensions were given at the request of the parties for the purpose of consulting their respective leaders and economic sectors on the proposals that had been made. The Government concludes by stating that on 17 August 2004, definitive agreements were reached between the parties.
4. 85. The Committee takes note of this information and expects that, in future, the process of negotiating the collective agreement will take place within the time limits provided for in legislation.