Informe provisional - Informe núm. 302, Marzo 1996

Caso núm. 1823 (Guatemala) - Fecha de presentación de la queja:: 17-FEB-95 - Cerrado

Allegations: Refusal to grant legal personality to a trade union in the process of establishment and acts of anti-union discrimination

1. 440. The Committee examined this case at its November 1995 meeting and presented an interim report to the Governing Body (see 300th Report, paras. 428-441, approved by the Governing Body at its 264th Session (November 1995)). The Government subsequently sent observations in communications dated 15 December 1995 and 15 February 1996.
2. 441. Guatemala has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 442. When the Committee examined this case at its November 1995 meeting, the following allegations remained pending: refusal to grant legal personality and approve the by-laws of the Trade Union of Workers of the General Inspectorate (STIGT), dismissal of two members (Ms. Sandra Elizabeth Barrera and Ms. Balbina Dioderet Barrera) and the change in functions of 18 inspectors who were founder members of the trade union. The Committee made the following recommendations (see 300th Report, para. 441):
   • (a) The Committee urges the Government to grant legal personality immediately to the Trade Union of Workers of the General Labour Inspectorate.
   • (b) The Committee requests the Government to indicate the reasons why the two trade union members renounced legal protection against their removal from office.
   • (c) As regards the change in functions of 18 inspectors who were founder members of the trade union, bearing in mind that there is substantial evidence to indicate that this was an act of anti-union discrimination, the Committee requests the Government, in consultation with the 18 inspectors, to revoke the change in their functions and to keep it informed of any measures taken in this respect.

B. The Government's reply

1. 443. In its communications dated 15 December 1995 and 15 February 1996, the Government essentially reiterates its previous comments to the Committee, pointing out in particular that: (1) the legal personality and by-laws of the Trade Union of Workers of the General Labour Inspectorate (STIGT) were not recognized because of lack of interest of the founder members in complying with the legal requirements within the time-limits laid down in legislation (since the first application in 1993); (2) the General Directorate of Labour declared the inspectors "workers in positions of trust" (resolution of March 1995), who do not have the right to organize; (3) the trade union in the process of establishment appealed this resolution; this appeal will be examined by the Ministry, after which the parties concerned may avail themselves of judicial remedies.

C. The Committee's conclusions

1. 444. As regards the refusal to grant legal personality to and approve the by-laws of the Trade Union of Workers of the General Labour Inspectorate (STIGT), the Committee notes that the Government reiterates the arguments contained in its previous reply, essentially pointing out once again that the STIGT has been refused legal personality just because it is made up of labour inspectors who are considered workers in positions of trust, and alleging lack of interest of the founder members of the trade union (whereas in its previous reply it had admitted that the STIGT had submitted a new set of by-laws in January 1995 (see 300th Report, para. 434)). In these circumstances, and in the absence of new positive elements in the Government's attitude with respect to its previous recommendations, the Committee once more emphasizes that the denial of the right to organize of workers in the labour inspectorate by the Director-General of Labour constitutes a violation of Article 2 of Convention No. 87, which states that "workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization". The Committee deeply regrets the Government's continuing negative response to its requests and once more urges the Government to grant legal personality immediately to the Trade Union of Workers of the General Labour Inspectorate.
2. 445. As regards the rest of the pending allegations, the Committee deplores the fact that the Government has not replied to them. The Committee accordingly reiterates the following conclusions and recommendations made at its November 1995 meeting (see 300th Report, paras. 439 and 440):
   • As regards the dismissal of two members, the Committee notes that according to the Government the legislation in force protected them against dismissal and that their removal from their posts could only be made because they had previously renounced legal protection. The Committee requests the Government to indicate the reasons why these two members renounced legal protection against this removal from office.
   • As regards the change in functions of 18 inspectors who were founder members of the trade union, the Committee notes that the Government has not denied that only the founder members were subject to this measure, and thus in the context of the establishment of a trade union in which a change of functions is made, everything points to the conclusion that this was an act of anti-union discrimination. Therefore, given that these measures were taken for the exercise of legitimate trade union rights, the Committee draws the attention of the Government to the principle that no person should be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 538) and asks it, in consultation with the 18 inspectors concerned, to revoke the change in functions which was made and to keep it informed of any measures taken in this respect.

The Committee's recommendations

1. 446. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Deeply regretting the Government's continuing negative response to its request, the Committee once more urges the Government to grant legal personality immediately to the Trade Union of Workers of the General Labour Inspectorate.
   • (b) The Committee once more requests the Government to indicate the reasons why the two trade union members renounced legal protection against their removal from office.
   • (c) As regards the change in functions of 18 inspectors who were founder members of the trade union, bearing in mind that there is substantial evidence that this was an act of anti-union discrimination, the Committee requests the Government once again, in consultation with the 18 inspectors, to revoke the change in their functions and to keep it informed of any measures taken in this respect.