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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 16. The Committee last examined this case, which refers to allegations of
violent repression of a trade union meeting, banning of a strike, anti-union dismissals
and arrests of trade unionists, at its June 2017 session [see 382nd Report, paras
27–29]. On that occasion, the Committee urged the Government to keep it informed of the
results of the administrative investigation initiated against the National Union of
Workers in the Metal Engineering, Machinery, Metallurgical, Railways Industry and in the
Allied Marketing and Transport Sector (SINTRAIME) for damage to rail installations,
workshops and doors of the enterprise facility; to keep it informed of the results of
the court cases under way to rule on the reinstatement of 30 dismissed workers; and to
also keep it informed of the alleged arrests of workers of SINTRAIME after a work
stoppage and possible existence of criminal charges against them.
- 17. In a communication of 7 May 2018, the Government sent its
observations regarding the information requested by the Committee. With regard to the
administrative investigation initiated against SINTRAIME for damage to rail
installations, workshops and doors of the enterprise facility, the Government reports
that, by an order of 25 October 2012, the administrative labour investigation was
declared to have lapsed and the administrative proceedings were ordered to be
closed.
- 18. With regard to the court cases that were under way to rule on the
reinstatement of 30 dismissed workers, the Government indicates that: (i) on 3 July
2015, the court of first instance found that the contracts of 20 workers had been
legally and legitimately terminated; (ii) while nine workers withdrew their claims and
requested that the court case be closed, other workers appealed the ruling, which was
partially revoked by the Supreme Court of Bogota; and (iii) the enterprise filed an
application for special judicial review of the ruling of the Supreme Court of Bogota and
to date the court has not issued a final decision.
- 19. With regard to the alleged arrests of workers of SINTRAIME after a
work stoppage and possible existence of criminal charges against them, the Government
indicates that the enterprise has confirmed that it has not filed criminal charges
against the trade union organization and that, although in 2009 it filed a criminal
charge against a former worker for damage to property, this charge had been withdrawn by
the enterprise.
- 20. The Committee takes due note of the information provided by the
Government. While it regrets that it has not received information with respect to the
final result of the court cases relating to the 30 dismissed workers, trusting that
those cases have been concluded, and as it has not received any information in this
regard from the complainants, the Committee considers this case is closed and will not
pursue its examination.
