Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 403, Juin 2023

Cas no 2679 (Mexique) - Date de la plainte: 19-NOV. -08 - Clos

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

1. 28. The Committee last examined this case, concerning alleged anti-union dismissals of insurance agents who were members of the Union of General Insurance Sales Agents in the State of Jalisco (SAVSGEJ) and the cancellation of the union’s registration, at its June 2017 meeting [see 382nd Report, paras 112–117]. On that occasion, the Committee noted with concern that the legal proceedings concerning the dismissals of Messrs Martín Ramírez Olmedo, María Cristina Vergara Parra and María del Socorro Guadalupe Acevez González were still pending despite the time that had elapsed. The Committee strongly hoped that these proceedings would be concluded without delay and requested the Government to inform it of their outcome as soon as they had been resolved.
2. 29. In communications dated 6 June 2017, 16 January, 11 July 2018 and 29 October 2019, the SAVSGEJ emphasizes that the delay in processing the case concerning Ms Acevez González is not attributable to her and indicates that it caused the worker irreparable harm, as it did not have the necessary financial resources to provide the medical care that her sick sister required, who then died.
3. 30. By communications dated 6 October 2017, 27 December 2018, 7 June 2019 and 20 January 2020, the Government informs about the results of the judicial proceedings. Regarding Mr Ramirez Olmedo, the Government indicates that in a resolution dated 23 December 2015, the First Collegiate Court in Labour Matters of the Third Circuit dismissed the amparo No. 366/2015, promoted by Mr Ramirez Olmedo against the award of 7 January 2015 issued by the Fifth Special Board of the Local Conciliation and Arbitration of the State of Jalisco, which had ordered the case to be filed. Regarding Ms Vergara Parra, the Government informs that on 30 May 2017, an award was issued ordering the payment of vacation, vacation premium and Christmas bonus, as well as the retroactive enrolment of the worker to the Mexican Social Security Institute.
4. 31. Regarding Ms Acevez González, the Government informs that: (i) through an award of 1 November 2017, the Local Conciliation and Arbitration Board of Jalisco ordered her reinstatement, the payment of her overdue wages and various benefits, the delivery of her client portfolio, as well as her retroactive registration with the Mexican Social Security Institute; (ii) following the filing of an amparo appeal (No. 102/2018) by the insurance company, the First Collegiate Court in Labour Matters of the Third Circuit ordered the issuance of a new resolution by the Local Conciliation and Arbitration Board of Jalisco; (iii) Ms Acevez González challenged such decision through an appeal for review, which was declared inadmissible by the Supreme Court of Justice of the Nation (SCJN) on 19 October 2018, and also filed an appeal of claim, which was declared unfounded by the SCJN on 27 March 2019; (iv) on 10 June 2019, the Local Conciliation and Arbitration Board of Jalisco issued a new resolution, against which Ms Acevez González filed an amparo appeal (No. 807/2019); and (v) on 5 September 2019, the First Collegiate Court on Labour Matters of the Third Circuit admitted said appeal, and on 22 October 2019, turned it over for the formulation of the corresponding draft decision. The Government affirms that the delay in the case is due to the various means of defence and actions promoted by Ms Acevez González, which in strict compliance with the applicable legal framework on the matter have been dealt with in due time.
5. 32. The Committee takes due note of the information provided by the Government. The Committee understands that the proceedings concerning Mr Ramírez Olmedo and Ms Vergara Parra have been finalized. With regard to the case of Ms Acevez González, the Committee notes that although the SAVSGEJ alleges that the delay in processing her case caused her irreparable harm, the Government reiterates, as it has done on previous occasions, that the failure to resolve the case is attributable to the plaintiff, who has not allowed the case to be concluded by filing various appeals. While recalling once again that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective; an excessive delay in processing such cases constitutes a serious attack on the trade union rights of those concerned [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1139], the Committee understands from the latest information provided by the Government, that on 22 October 2019, the First Collegiate Tribunal on Labour Matters of the Third Circuit in amparo suit No. 807/2019, set a date for the formulation of the draft decision. Given the time elapsed and not having any information regarding such decision, neither from the complainant organization nor from the Government, the Committee expects that the Judiciary has ruled on the matter. Noting that this would have concluded the pending proceedings, the Committee considers this case closed and will not pursue its examination.