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

Case No 2413 (Guatemala) - Complaint date: 14-MAR-05 - Closed

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

1. 130. The Committee last examined this case at its meeting in June 2007. On that occasion, it made the following recommendations on matters which remained pending [see 346th Report, paras 55–65].
2. 131. As regards the allegations concerning the appeal lodged by the enterprise to revoke the resolution recognizing legal personality and approving the by-laws of the Trade Union of Workers of the Finca El Cóbano Ingenio Magdalena SA (SITRAFECIMASA) and the resolution of the Ministry of Labour which, disregarding the rules of due process, modified the name of the trade union by deleting the reference to Ingenio Magdalena SA [see 346th Report, para. 60], the Committee had requested the Government to send it a copy of Order No. 48-2005, together with a copy of the resolution referred to by the complainant and the relevant labour inspection report, indicating why the workers who formed the trade union had not been interviewed during the inspection.
3. 132. The Committee takes note of the Government’s communication of 27 September 2007 in which it indicates that although the workers were not interviewed during the appeal process initiated by the employer to revoke the resolution recognizing the legal personality of the new trade union, they were notified on 3 May 2005 of resolution No. 112005 of 25 April, which deemed the appeal to be admissible, and resolution 31-2005 of 9 May 2005, handed down by the General Labour Directorate, which ordered a partial modification of the name of the trade union, as the workers were employed at the Finca El Cóbano, an entity with no legal connection with Ingenio Magdalena. The Government indicates that, despite receiving notification of these resolutions, the workers did not avail themselves of the legal measures at their disposal to appeal against them. The Committee takes note of this information.
4. 133. As regards the allegations concerning the dismissal of 23 workers who had attempted to establish a trade union at the Finca El Cóbano (it is alleged that court reinstatement orders have been ignored by the enterprise) [see 346th Report, para. 61], the Committee had noted the information according to which the dismissed workers initiated 14 reinstatement actions, four of which were successful and the workers involved are awaiting reinstatement, two were dropped, two were closed and six are pending a decision regarding an amparo action (appeal for the protection of constitutional rights).
5. 134. The Committee notes that the Government has not sent any further observations concerning this matter. Under these circumstances, the Committee once again requests the Government to ensure compliance with any reinstatement orders handed down by the judicial authorities and to keep it informed in this regard.
6. 135. As regards the alleged lockout at Bocadelli SA following the submission of a draft collective agreement by the enterprise trade union [see 346th Report, para. 65], the Committee had requested the Government to continue taking steps to bring about an agreement between the parties.
7. 136. The Committee takes note of the Government’s communication of 19 November 2007 according to which on 21 July 2006, the representatives of the Coalition of Workers of Bocadelli of Guatemala SA and the enterprise signed a conciliation agreement which included the payment of all benefits to all of the workers. The Government submits a copy of the conciliation agreement in question. The Committee notes this information.
8. 137. The Committee regrets that the Government has not sent its observations on the other matters which remain pending, and therefore reiterates its previous recommendations:
   • - As regards the alleged disrespectful statements made by the President of the Republic in the media concerning trade union leaders and violence against participants in the demonstrations, the Committee requests that an investigation be initiated and that it be kept informed in that regard [see 346th Report, para. 59].
   • - As regards the alleged dismissal of two workers belonging to the Trade Union of Workers of the municipality of El Tumbador, San Marcos, in the context of a collective dispute during the negotiation of a collective agreement on working conditions, the Committee requests the Government to take steps to conduct an investigation into the alleged events and to keep it informed in this regard [see 346th Report, para. 64].
9. 138. Lastly, the Committee had requested the complainant organization to send the names of the trade union leaders for whom arrest warrants had been issued following the demonstration held on 14 March 2005, so that the Government could provide information on the current status of proceedings against them [see 346th Report, para. 57]. Once again, the Committee notes with regret that the relevant information has not been sent and requests the complainant organization to send it without delay.