Effect given to the recommendations of the committee and the Governing Body - Report No 370, October 2013

Case No 2652 (Philippines) - Complaint date: 12-MAY-08 - Follow-up

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

1. 88. The Committee last examined this case at its November 2012 meeting [see 365th Report, paragraphs 168–188]. The present case concerns the alleged failure of the Government to secure the effective observance of Conventions Nos 87 and 98, with respect to several allegations of infringements of the right to organize and collective bargaining on the part of Toyota Motor Philippines Corporation (TMPC), such as interference in the trade union’s establishment and activities, refusal to bargain collectively despite the certification of the union as the sole and exclusive bargaining agent, anti-union discrimination through the dismissal of union members further to their participation in union activities and in particular in strike action. During the last examination of this case, the Committee urged the Government to pursue its efforts to intercede with the parties so as to reach an equitable negotiated solution in this longstanding case with respect to the approximately 100 workers who did not previously accept the compensation package offered by the company in their previous employment including, if their reinstatement was no longer possible for objective and compelling reasons, the payment of adequate compensation. Furthermore, the Committee trusted that the criminal proceedings – which were initiated over ten years ago – would finally be dismissed or withdrawn given the time that has elapsed and the conclusions made by the Committee on this matter over the years.
2. 89. In its communication dated 15 November 2012, the complainant elaborates upon the information provided concerning the 2010 line-stoppage incident which resulted in the allegedly illegal dismissal of four trade union leaders and members. Furthermore, by communication dated 7 June 2013, the complainant announces that the Toyota Motor Philippines Corporation Workers’ Association (TMPCWA) succeeded in getting the over ten year long criminal cases against several union officers and members definitively dismissed by the court, following the withdrawal of the case by the complainants from the company side.
3. 90. In its communication dated 2 May 2013, the Government reiterates the information previously supplied as regards the line-stoppage incident and indicates that, after the National Labor Relations Commission affirmed the company’s decision, the case is currently pending resolution before the Court of Appeals. As to the financial assistance offered by the TMPC management, 156 of the 233 of the dismissed workers (or 67 per cent) have individually requested and accepted the compensation package. By communication of 29 July 2013, the Government likewise informs about the dismissal of the criminal proceedings against Mr Ed Cubelo et al. and hopes for the nearing closure of the present case, assuring that the Government is continuously exerting efforts to intercede with the parties so as to reach an equitable negotiated solution on the remaining issue (i.e. compensation for the approximately 100 workers).
4. 91. The Committee takes due note of all information provided. In particular, it notes with satisfaction the final court judgment which, in view of the desistance of the complainants and considering that the prosecution would not be able to prove beyond reasonable doubt the guilt of the accused, has permanently dismissed on 28 May 2013 the criminal cases against several TMPCWA union officers and members, directed the parties to live in peace and not to take any retaliatory action against each other and ordered the cancellation of any arrest warrants issued against the accused.
5. 92. Furthermore, reaffirming the freedom of association principles it enounced and the conclusions it made in this regard when it examined this case at its meeting in March 2010 [see 356th Report, paras 1215–16], the Committee understands that the complainant is addressing its claims (for reinstatement or payment of adequate compensation to approximately 100 workers) to the Department of Labor and Employment, and trusts that the Government will continue to do its utmost to intercede with the parties with a view to reaching, in the near future, an equitable and mutually satisfactory negotiated solution in this longstanding case.