Informe provisional - Informe núm. 265, Junio 1989

Caso núm. 1482 (Paraguay) - Fecha de presentación de la queja:: 07-NOV-88 - Cerrado

1. 588. The complaint appears in communications from the Trade Union of
   • Employees and Workers in Commerce and the Workers' Trade Union Movement (MIT)
   • dated 7 November 1988 and 12 January 1989, respectively. The Government
   • replied in communications of 17 January and 6 March 1989.
2. 589. Paraguay 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. The complainants' allegations

1. 590. The Trade Union of Employees and Workers in Commerce (SEOC) alleges in
2. its communication of 7 November 1988 that a high police official interrupted a
3. meeting of the SEOC executive committee held at the trade union's offices on
4. 22 October 1988, and started to interrogate and intimidate the trade union
5. leaders and members present. The SEOC adds that the Ministry of Justice and
6. Labour refuses to grant members of the executive committee the credentials
7. they need to represent the workers in labour disputes with their employers.
8. 591. The SEOC also alleges that on 19 October 1988 the Labour Directorate
9. informed the trade union of an opinion issued by the Ministry of Labour's
10. legal counsel concerning the trade union's request of 28 April 1988 for the
11. approval and registration of amendments to its by-laws. According to this
12. opinion, "The request should be denied owing to the fact that the trade union
13. has been leaderless since March 1986, and that it failed to hold a
14. reorganisational meeting for the purpose of electing officers who might
15. subsequently convene an extraordinary general meeting to deal with the
16. amendment of the trade union's by-laws ... ". The trade union was told that in
17. the light of its legal counsel's opinion, the Labour Directorate refused to
18. consider the case; this made it impossible for the trade union to take its
19. case to the courts. The SEOC denies that the trade union was leaderless, and
20. states that notice of the meetings of 16 May 1986 and 4 June 1987 (which
21. elected the trade union's executive committee) was sent to the Labour
22. Directorate (the SEOC sent the ILO copies of these notices), but the Labour
23. Directorate failed to reply.
24. 592. The Workers' Trade Union Movement (MIT) alleges in its communication of
25. 12 January 1989 that Mr. Milcíades Paredes, a leader of the National Metal and
26. Allied Workers' Trade Union (SINOMA) was dismissed in December 1988 because he
27. had demanded that the owner of the Transporte Fenix S.A. enterprise (handling
28. the No. 39 transport route) pay workers the Christmas bonus. Although the
29. Ministry of Justice and Labour was requested to intervene - since the law
30. guarantees the job security of trade union leaders - the Ministry failed to
31. resolve the matter. The MIT also alleges that trade unionists Gilberto Melo
32. García, José Garcete, Gilberto Moreno, Victoriano Fleitas, Oscar Gómez,
33. Alcides Soria and Vicente Segovia were dismissed because of their trade union
34. activities and for demanding payment of the Christmas bonus and the
35. reinstatement of trade union leader Milcíades Paredes.
36. B. The Government's reply
37. 593. In its communication of 17 January 1989 the Government categorically
38. refutes the SEOC complaint and states that this trade union has failed to meet
39. the requirements for the exercise of trade union rights, and seeks to correct
40. its irregular situation by means of denunciations before international
41. organisations. The Government states that it will send a detailed reply to the
42. SEOC complaint.
43. 594. In its communication of 6 March 1989, the Government states in reply to
44. the complaint presented by the MIT that the job security of workers who hold
45. trade union office is covered in Act No. 1172 of 13 December 1985 (enclosing a
46. copy of the same); section 3 of this Act states that the courts are
47. responsible for the reinstatement of trade union leaders who have been
48. dismissed. The administrative authority, in other words, the Labour
49. Directorate of the Ministry of Justice and Labour, only receives the list of
50. persons who hold trade union office for the purpose of issuing certificates to
51. that effect and informing the authorities, as needed. Thus, cases of dismissal
52. on any grounds do not fall under the competence of this Ministry. However, the
53. Ministry of Justice and Labour is currently doing its best to ensure that
54. labour laws, which regulate the rights and obligations of workers and
55. employers, are respected.

C. The Committee's conclusions

1. 595. In general, the Committee must regret that the Government has not
   • replied in greater detail to the allegations in this case.
2. 596. As regards the dismissal of Mr. Milcíades Paredes, a trade union leader
   • of the National Metal and Allied Workers' Trade Union, and that of seven
   • members of that trade union for demanding payment of the Christmas bonus from
   • the owner of the Transporte Fenix S.A. enterprise (covering the No. 39 route
   • of the public transport system), the Committee observes that the Government
   • has merely sent a copy of Act No. 1172 of 13 December 1985 (concerning
   • protection of trade union leaders), and stated that the reinstatement of
   • workers holding trade union office falls under the competence of the courts.
   • Since the Government has not denied that the dismissals in question were due
   • to trade union activities as alleged by the complainant organisation, the
   • Committee requests the Government to promote necessary procedures to obtain
   • the reinstatement of the dismissed trade unionists, and emphasises that in
   • accordance with Article 1 of Convention No. 98, "Workers shall enjoy adequate
   • protection against acts of anti-union discrimination in respect of their
   • employment."
3. 597. The Committee requests the Government to quickly provide information on
   • the allegations presented by the Trade Union of Employees and Workers in
   • Commerce.

The Committee's recommendations

1. 598. In the light of its foregoing interim conclusions, the Committee invites
   • the Governing Body to approve the following recommendations:
     • a) The Committee requests the Government to promote necessary procedures to
   • obtain the reinstatement of the eight trade unionists dismissed by the
   • Transporte Fenix S.A. enterprise, and emphasises that in accordance with
   • Article 1 of Convention No. 98, "Workers shall enjoy adequate protection
   • against acts of anti-union discrimination in respect of their employment."
     • b) The Committee requests the Government to quickly provide information on
   • the allegations presented by the Trade Union of Employees and Workers in
   • Commerce.
   • Geneva, 31 May 1989. Roberto Ago, Chairman.