Effect given to the recommendations of the committee and the Governing Body - Report No 358, November 2010

Case No 2630 (El Salvador) - Complaint date: 03-MAR-08 - Closed

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

1. 55. The Committee last examined this case at its March 2010 meeting, when it made the following recommendations on the matters still outstanding [see 356th Report, para. 733]:
   • (a) The Committee requests the Government to state whether, as a consequence of the coercion of workers to resign their union membership, as identified by the labour inspectorate, the sanctions provided for in national legislation in the case of anti-union practices have been imposed on the enterprise.
   • (b) With regard to granting accreditation for the purpose of the collective agreement to ASTECASACV, the Committee expects that the action brought by STECASACV to challenge the decision to grant accreditation, currently before the Chamber of Administrative Dispute of the Supreme Court of Justice, will be resolved without delay and that the court will have access to all elements of the case in reaching its decision. The Committee requests the Government to keep it informed in this regard.
2. 56. In a communication dated 23 March 2010, the Government states that the administrative resolution imposing sanctions on the company has been challenged in the Supreme Court of Justice which, pursuant to the Administrative Dispute Jurisdiction Act, has provisionally suspended the resolution from taking effect.
3. 57. The Committee takes note of the information supplied and requests the Government to send it a copy of the decision on the appeal against the administrative resolution imposing sanctions on the company for bringing pressure to bear on its workers to cancel their union membership. The Committee observes that the Government has not sent any information on its recommendation regarding the accreditation of ASTECASACV for the collective agreement. The Committee therefore reiterates its previous recommendation and firmly hopes that the action brought by STECASACV challenging the decision to grant accreditation, currently before the Administrative Disputes Chamber of the Supreme Court of Justice, will be resolved without delay and that the Court will have access to all elements of the case in reaching its decision. The Committee again requests the Government to keep it informed in this regard.