Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

Case No 2755 (Ecuador) - Complaint date: 06-NOV-09 - Follow-up

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

1. 52. The Committee last examined this case at its June 2010 meeting and on that occasion requested the Government, in line with the practice which it had followed previously, to immediately restore the deductions of dues of UNE members who had authorized that deduction, and to keep it informed in this respect [see 357th Report, paras 415–429].
2. 53. In its communication of 14 September 2010, the complainant organization states that it lodged an appeal before the Guayas Criminal Guarantees Court on 15 May 2010 with a view to annulling Circular No. 0082 of 19 August 2009 (suspending the deductions of union dues of members of the teaching profession); the Court on 22 May 2010 ruled in the union’s favour. The complainant organization adds that, on 28 May 2010, an appeal was lodged against that ruling before the Provincial Court of Justice of Guayas. On 21 July 2010, the First Chamber for Labour, Children and Adolescents revoked the ruling and declared null and void the protection proceedings initiated by the union. On 6 August 2010, the complainant lodged an extraordinary action for protection before the Constitutional Court which is still pending.
3. 54. In its communications dated 15 July and 13 October 2010, the Government reiterates the information provided previously to the effect that there has never at any time been a decision to suspend deductions of union dues from members of the teaching profession. There were instructions that Ministry of Education facilities should not be used to effect (automatic) deductions of sums for the UNE through the payroll of the Ministry and its departments. The law currently in force prohibits deductions that are not authorized by the official or by legislation.
4. 55. The Committee takes note of the information provided by the complainant organization and regrets that the Government has not sent any updated information on the case. The Committee observes that the complainant organization lodged an extraordinary application for protection with the Constitutional Court, and this application is still pending. The Committee therefore hopes that the Constitutional Court will give a ruling in the near future, and requests the Government to keep it informed in that regard and to communicate a copy of the ruling when it is handed down. The Committee recalls that withdrawal of a check-off facility which has been in use for a number of years may seriously harm the union and its activities, and therefore hopes that the employer and the union will reach an agreement in order to maintain the system that was being used, provided that the union shows that its members have authorized such deductions of trade union dues from their wages.