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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- 23. The Committee last examined this case concerning allegations of
anti-union liquidation of a company in the agri-food sector at its March 2024 meeting
[see 405th Report, paras 276–308]. On that occasion, the Committee requested the
Government to examine with the social partners the necessary measures to strengthen the
mechanisms for protecting freedom of association in the event of liquidation of
companies. The Committee requested the Government to keep it informed in this
regard.
- 24. The complainant organization submitted additional information in
communications dated 15 April and 9 September 2024. The Government submitted its
observations in communications dated 4 May 2024 and 18 February 2026.
- 25. In its two communications, the complainant organization reiterates
its previous allegations that the liquidation of a company in the agri-food industry
(hereinafter “the company”) was driven by anti-union motivations and that its production
activities continue to be carried out by another company with which the company merged,
in the same plant, with the same machinery, but with non-unionized personnel.
- 26. In its communication of 4 May 2024, the Government stated that the
information it had previously provided to the Committee remained fully valid. In its
communication of 18 February 2026, the Government indicates that: (i) at the request of
the complainant organization, a meeting was held on 17 February 2026 at the Ministry of
Labour, with the Deputy Minister of Labour Relations and Inspection, during which a
detailed review of the case and the Committee’s recommendations was conducted; (ii) the
Ministry of Labour is drafting a decree on preventive measures that incorporates
guidelines for the Supervisory Authority for Companies on liquidation processes; (iii)
in light of the Committee’s previous recommendations requesting a thorough investigation
into the possible anti-union nature of the dismissal of unionized workers from the
company in conjunction with its liquidation [see 376th Report of the Committee, para.
300.b)], the possibility of reopening the requested investigation to determine whether
acts of anti-union discrimination have taken place has been arranged; and (iv) the
Government will inform the Committee of the results of the investigation and of any
regulatory measures that may be adopted.
- 27. The Committee takes due note of the information provided by the
Government regarding the conduct of a new investigation into the facts of the present
case and the preparation of a decree on preventive measures in liquidation proceedings.
The Committee requests the Government to keep it informed of any developments in this
regard.
