Report in which the committee requests to be kept informed of development - Report No 355, November 2009

Case No 2538 (Ecuador) - Complaint date: 27-DEC-06 - Closed

Allegations: The complainant organization alleges dismissals and anti-union acts by the authorities of the Foundation for Science and Technology (FUNDACYT)

1. 711. The Committee last examined this case at its November 2008 meeting [see 351nd Report of the Committee, paras 836–848, approved by the Governing Body at its 303rd Session (November 2008)], and submitted an interim report to the Governing Body. The Government sent further observations in communications dated 26 January and 5 May 2009.
2. 712. Ecuador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 713. At its November 2008 session the Committee made the following recommendations on the matters that remained pending [see 351st Report, para. 848]:
   • (a) The Committee requests the Government to keep it informed of the final outcome of the judicial proceedings under way relating to the FUNDACYT trade union official Ms María Isabel Cevallos Simancas.
   • (b) The Committee invites the complainant organization to communicate the full names of the eight workers who were dismissed after establishing a FUNDACYT trade union.
   • (c) The Committee requests the Government to take the necessary measures so that a further investigation is carried out in an effort to determine the reasons why all the officials and members of the FUNDACYT trade union gave up their membership, and to keep it informed of the outcome of that investigation.

B. The Government’s reply

1. 714. In its communication dated 26 January 2009, the Government said that it would proceed with the recommendations contained in the conclusions of the Committee on Freedom of Association on Case No. 2538.
2. 715. In its communication dated 5 May 2009, the Government sent the ruling of the Second Labour Court of Pichincha, dated 22 April 2009, concerning Ms María Isabel Cevallos Simancas following the application she made against the Foundation for Science and Technology (FUNDACYT). In this ruling the Court provides that Ms Cevallos is to be paid $12,104 with interest, as stipulated in the Labour Code, by way of remuneration corresponding to September 2006 and 19 days of October 2006, the proportional amounts corresponding to the 13th and 14th salaries and holidays due for the time worked, and compensation due for unfair dismissal (unilateral dismissal by the employer).
3. 716. Finally, the Government attached a memorandum from the Coordinator of the International Affairs Unit of the Ministry of Labour dated 26 January 2009 sent to the Ministry of Labour indicating that the Committee on Freedom of Association has urged the Government to take the necessary measures to determine the reasons why all the officials and members of the FUNDACYT trade union gave up their membership.

C. The Committee’s conclusions

1. 717. The Committee observes that the pending issues relate to the dismissal of trade unionists who worked at the FUNDACYT and to the Committee’s request to determine the reasons why all the members of the Foundation’s trade union organization (“executive board” in legal terms) gave up their membership.
2. 718. The Committee notes the ruling provided by the Government concerning the dismissal of the trade union official Ms María Isabel Cevallos in which the Foundation is ordered to pay $12,104, corresponding to compensation for unilateral dismissal by the employer and for failure to pay the remuneration corresponding to September 2006 and to 19 days of October 2006. The Committee observes that it is stated in the ruling that the official in question has not asked to be reinstated in her position and, consequently, as she received the compensation mentioned, the Committee will not proceed with the examination of this allegation.
3. 719. The Committee notes that the Government attached a memorandum from the Coordinator of the International Affairs Unit of the Ministry of Labour dated 26 January 2009 sent to the Ministry of Labour indicating that the Committee on Freedom of Association has urged the Government to take the necessary measures to determine the reasons why all the officials and members of the FUNDACYT trade union gave up their membership. The Committee hopes that the Government has carried out an investigation into this matter or that one is currently under way and asks to be kept informed in this respect.
4. 720. Lastly, the Committee observes that the complainant organization has not responded to its request to send the complete names of the eight workers who were dismissed after establishing a trade union organization at FUNDACYT, to allow the Government to respond to these allegations. The Committee is bound to point out to the complainant organization that, if it does not send the information requested, the Committee will not pursue its examination of this matter.

The Committee's recommendations

1. 721. In the light of its foregoing conclusions, the Committee requests the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed about the completion of its earlier recommendation relating to the investigation to determine the reasons why all the officials and members of the FUNDACYT trade union gave up their membership.
   • (b) The Committee again asks the complainant organization to send the names of the eight workers who were dismissed after establishing a trade union organization at FUNDACYT, to allow the Government to respond to these allegations. The Committee is bound to point out that if this information is not sent, the Committee will not pursue its examination of this matter.