Effect given to the recommendations of the committee and the Governing Body - Report No 332, November 2003

Case No 2208 (El Salvador) - Complaint date: 03-JUN-02 - Closed

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

1. 48. At its March 2003 meeting, the Committee made the following recommendations on the issues that remained outstanding [see 330th Report, para. 606]:
   • (a) The Committee requests the Government to: (1) ask the judicial authority to give a ruling promptly in respect of the dismissals of 11 union officers and 30 union members at Lido, S.A., so that, if measures need to be taken to correct the situation, they can be genuinely effective; and (2) if the judicial authority considers that the dismissals were carried out for anti-union motives – specifically for participation in an eight-hour work stoppage – take urgent measures to reinstate the trade union officials and workers dismissed, with the payment of outstanding salaries in cases where this has not already been done; or if reinstatement is not possible to guarantee that adequate compensation is awarded to the dismissed workers. The Committee requests the Government to keep it informed of developments in the situation with regard to both matters.
   • (b) The Committee considers that, if strikes are prohibited whilst a collective agreement is in force, this restriction must be compensated for by the right to have recourse to impartial and rapid mechanisms, within which individual or collective complaints about the interpretation or application of collective agreements can be examined. The Committee requests the Government to indicate whether such mechanisms exist in the national legislation and to transmit a copy of the collective agreement in force at Lido, S.A.
   • (c) The Committee requests the Government to keep it informed about the fulfilment of the agreement relating to returning the relevant union dues to the Company Union of Lido, S.A.
   • (d) With regard to the allegation that Lido, S.A. used coercion to pressure union members into resigning from the union (according to the complainant organization, 25 workers have resigned in this context), the Committee requests the Government to undertake an investigation and, should the allegations be substantiated, to take measures against those responsible for such actions so as to prevent them from reoccurring in the future.
   • (e) With regard to the alleged denial of access to the company’s premises of the union’s executive board, the Committee recalls that governments should guarantee access of trade union representatives to workplaces, with due respect for the rights of property and management and requests the Government to take the necessary measures to guarantee that this principle is respected within the company in question.
   • (f) The Committee requests the Government to ensure that Lido, S.A. is consulted through the national employers’ organizations in respect of the allegations made in this case.
2. 49. In its communication of 2 September 2003, the Government states with regard to the dismissals of trade union members at Lido, S.A. that it has sent an announcement to the President of the Supreme Court of the Committee’s recommendations, recalling at the same time that the judiciary is independent. The Government adds that the 30 workers dismissed have been paid compensation in accordance with the Labour Code and the collective agreement in October and November 2002 and that this has been confirmed by the General Secretary of the trade union of the enterprise.
3. 50. With regard to recommendation (b) of the Committee, the Government indicates that the mechanisms provided for in the legislation for the peaceful resolution of labour disputes are the labour courts, conciliation and arbitration.
4. 51. With regard to recommendation (c) of the Committee, the Government states that the payment to the union of members’ trade union dues has taken place normally since 28 May 2003, when the trade union requested that the Ministry of Labour take steps with the enterprise with regard to this matter.
5. 52. With regard to recommendation (d) of the Committee, the Government states that since 3 July 2002 (the date on which the trade union and the enterprise reached a conciliatory agreement at the General Labour Directorate) there have been no claims of coercion by the employer to pressure trade union members into resigning from the union. The allegations prior to this date are not backed by clear and convincing proof.
6. 53. With regard to the recommendation relating to access of trade union representatives to workplaces, the Government states that it is making significant efforts and holding conciliatory meetings so that the parties can reach an agreement that will allow the trade union officials to be reinstated. Although reinstatement has still not been carried out, it is anticipated that this will take place gradually during September, subject to the agreement of both parties with regard to the specific date and the way in which this will be carried out.
7. 54. The Committee notes with interest the information provided by the Government. The Committee is still awaiting the legal ruling on the dismissals of 11 union officers and 30 union members at Lido, S.A. The Committee also notes that the parties, with the participation of the Ministry of Labour, have held meetings and that it was anticipated that the reinstatement of trade union officials would begin in September 2003. The Committee requests the Government to keep it informed in this respect.