Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

Case No 2275 (Nicaragua) - Complaint date: 29-MAY-03 - Closed

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

1. 190. On its last examination of the case, at its November 2006 meeting, the Committee noted that the complainant (National Federation of “Heroes and Martyrs” Trade Unions of the Textile, Clothing, Leather and Footwear Industry (FNSHM)) stated with regard to the “Idalia Silva” Workers’ Trade Union (STIS) in the company Hansae Nicaragua SA in the export processing zone that the Second Labour Court of Managua had handed down a ruling ordering that the case concerning dissolution of the trade union be shelved since neither of the parties had expedited the proceedings, and that a subsequent ruling ordered the dissolution of the trade union, followed by cancellation of the trade union’s registration by the Ministry of Labour (notified on 28 November 2005) and pointed out the contradiction between the two judicial decisions, which also violate the principle of double jeopardy. Moreover, the General Secretary of the trade union, Ruth Meza Orozco, was dismissed on 23 December 2005 on grounds that she was no longer covered by trade union immunity, and then Zoila Cáceres, Secretary of the organization, was also dismissed. The Committee requested the Government to reply without delay to that additional information. Also, the Committee requested the Government to send the rulings handed down and information concerning the alleged threats against Marjorie Sequeiro and Johana Rodríguez [see 343rd Report, paras 143–145].
2. 191. In its communication of 3 September 2007, the Government stated with regard to the state of the STIS in the company Hansae Nicaragua SA, that on 3 September 2004, the trade union held an extraordinary general assembly, in which it restructured its committee, which was registered including a list of 28 signatures of participating members. On 7 March 2005, in an extraordinary general assembly, the trade union again restructured its committee, including a list of 30 signatures. On 12 July 2005, the trade union held an extraordinary general assembly in which it elected to change its committee, which was then registered. In the meantime, the Department of Trade Union Associations received a total of 20 copies of requests to leave the union and six copies of requests from members of that union to leave their posts at the company Hansae Nicaragua SA. The Government adds that, in accordance with case No. 302 and ruling No. 128 of the Second District Labour Court of 12 July 2005, it was decided, based on articles 206, 213 and 347 of the Labour Code: (1) to go ahead with the dissolution of the STIS in the company Hansae Nicaragua SA, as requested by the general legal representative of the company Hansae Nicaragua SA; (2) once the ruling was final, to serve an official notice to the Department of Trade Union Associations of the Ministry of Labour. The ruling was not appealed and was referred for advice to the Managua District Court of Appeal. In ruling No. 176/2005 of 20 October 2005, the Labour Tribunal of the Managua District Court of Appeal ruled, in accordance with articles 271, 272 and 347 of the Labour Code, to uphold the ruling that had been referred for advice to the Second Labour Judge of the Managua District. On 1 December 2005, the Second Labour Judge of the Managua District ordered the Department of Trade Union Associations to cancel the STIS in the company Hansae Nicaragua SA, based on the aforementioned rulings. In compliance with the ruling, the Department of Trade Union Associations proceeded to remove the trade union from the trade unions’ register maintained by the Department. The Committee notes this information and understands that the reason for cancelling the registration was the reduction in the minimum number of workers needed to form a trade union (article 206 of the Labour Code). In this regard, the Committee cannot rule out that the 20 requests to leave the union and the resignations of union members from the enterprise were a result of anti-union activity. Therefore, the Committee requests the Government to take the necessary measures so that an investigation is carried out to determine the reasons behind the members leaving the union and resigning, which led to the cancellation of the union registration, and to keep it informed in this regard.
3. 192. With regard to the alleged dismissal of Ruth Meza Orozco, the Government notes that the Regional Labour Inspectorate for the Agribusiness Sector had no record of the alleged cancellation of Ruth Meza Orozco’s contract, in her capacity as General Secretary of the STIS, as mentioned in the complaint. With regard to the situation of Zoila Cáceres Rodríguez, the Government reports that on 7 October 2005, the Regional Labour Inspectorate for the Agribusiness Sector received a request from the human resources manager and the general legal representative of the company Hansae Nicaragua SA to cancel her contract as an employee and as the Secretary of the organization, based on articles 48 and 231 of the current Labour Code, Act No. 185. On 11 October 2005 the Regional Labour Inspectorate for the Agribusiness Sector issued an official notice to all parties to appear for conciliatory proceedings. On 18 October 2005, Ms Cáceres Rodríguez appeared and signed the request. On 19 October the trial began. On 23 November 2005, in resolution No. 076-05, the Regional Labour Inspectorate for the Agribusiness Sector approved the request for dismissal made by the human resources manager and the general legal representative of the company Hansae Nicaragua SA, and notified both parties on 28 November 2005. Zoila Cáceres Rodríguez appealed this measure on 29 November 2005. On 30 November 2005, the Regional Labour Inspectorate for the Agribusiness Sector received the appeal and on 13 December 2005, the General Labour Inspectorate issued resolution No. 228-05 which rejected the appeal. The Committee takes note of this information and requests the Government to report on the reason for the dismissal of the union official Zoila Cáceres Rodríguez and to send in the corresponding resolutions, as well as to indicate whether the official in question appealed the decision of the General Labour Inspectorate before the judicial authority.
4. 193. Lastly, the Committee again requests the Government to send the rulings handed down and information concerning the alleged threats against union members Marjorie Sequeiro and Johana Rodríguez.