Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Case No 2423 (El Salvador) - Complaint date: 18-MAY-05 - Closed

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

1. 58. The Committee last examined this case at its May–June 2009 meeting [see 354th Report, paras 73–86]. On that occasion, the Committee made the following recommendations: (a) with regard to the refusal to grant legal personality to the private security unions, the Committee requested the Government to guarantee the right of private security workers to organize and to grant legal personality to SITRASSPES and SITISPRI and requested the complainant organizations to confirm that no further legal action had been taken to obtain legal personality for the union SITRASAIMM; (b) with regard to the dismissal of the 34 founders of the STIPES trade union, of Mr Alberto Escobar Orellana at the José Simeón Cañas Central American University, of the seven trade union officials at the clothing company CMT SA de CV and of the trade unionists at the enterprise Hermosa Manufacturing, the Committee requested the Government to continue to promote the reinstatement of the dismissed trade unionists and to keep it informed in that regard, as well as with regard to the outcome of the application for judicial administrative proceedings filed by Mr José Amílcar Maldonado (company CMT SA de CV) and the pending administrative procedures to impose penalties relating to the dismissal of STIPES members.
2. 59. In a communication of 13 October 2009, the Government indicates that, with regard to granting legal personality to the unions SITRASSPES and SITISPRI, it has acted on the Committee’s recommendation and the necessary measures will be taken to grant legal personality to the unions in question. The Government also indicates that it has no knowledge of any legal proceedings initiated by the workers of CMT SA de CV and that the Ministry of Labour and Social Welfare has not been requested to intervene in any dispute arising subsequent to the reported events. In this regard, recalling the importance of guaranteeing the right of freedom of association to workers in the security sector and who have been subject to the refusal to grant legal personality since they submitted their request in 2005, the Committee expects that the Government will take the necessary measures for the expeditious recognition of SITRASSPES and SITISPRI and requests the Government to keep it informed in this regard.
3. 60. With regard to the procedures initiated by STIPES to impose penalties, the Government reports that fines of US$6,856.86 were imposed on the enterprise O&M Mantenimiento y Servicios SA de CV in relation to the dismissal of trade union officials and the payment of outstanding wages. In addition, fines of $2,228.46 were imposed on the enterprise Servicios Técnicos del Pacífico SA de CV in relation to the dismissal of trade union officials and the payment of outstanding wages. The Committee takes note of this information and requests the Government, with regard to the dismissal of the 34 founders of the STIPES trade union, of Mr Alberto Escobar Orellana at the José Simeón Cañas Central American University, of the seven trade union leaders at the clothing company CMT SA de CV and of the trade unionists at the enterprise Hermosa Manufacturing, to continue to promote the reinstatement of the dismissed trade unionists and to keep it informed in this regard, as well as with regard to the outcome of the application for judicial administrative proceedings filed by Mr José Amílcar Maldonado (enterprise CMT SA de CV).