Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2208 (El Salvador) - Complaint date: 03-JUN-02 - Closed

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

1. 61. The Committee last examined this case at its March 2004 meeting and on that occasion requested the Government to keep it informed of the rulings handed down on the dismissals of 11 union officers at Lido S.A. [see 333rd Report, para. 52, approved by the Governing Body at its 289th Session (March 2004)].
2. 62. The trade union of the company Lido. S.A. (SELSA), in its communications of 23 November 2004 and 3 February 2005, states that the company continues to refuse the union’s executive body access to its premises. The union adds that the company had reinstated a certain number of union officials, but still refused to reinstate five others. The company refuses to meet with the union on official premises or to reactivate the joint committee provided for under the terms of the collective agreement.
3. 63. The Government, in communications dated 8 October 2004 and 28 January and 28 February 2005, states that the company has complied with the conciliation agreement signed by the parties on 3 July 2002, given that it deposits the wages of the 11 union officials once a fortnight with the Ministry of Labour, and those wages have been withdrawn by the officials without any problem. The Government adds that a number of meetings were arranged between the employer and workers to persuade the former to reinstate the officials. The Government states that, as no favourable reply was forthcoming from the employer at these meetings, the Ministry fined the company Lido S.A. the sum of US$77,000 for infringing section 251 of the Labour Code by obstructing the freedom of association of the union officials and disrupting the union with the aim of ensuring that the union could not continue to exist legally for want of the legal minimum membership as required by the Labour Code. The Government also states that the company has allowed the reinstatement of five union officials and that the company and the union have agreed to discuss the reinstatement of the remaining five within a short period of time. The Government will take follow-up action with regard to the agreements in question. The Government invites the complainant to file its new allegations with the Ministry of Labour.
4. 64. In its communication dated 6 May 2005, the Government adds that one more trade union official has been reintegrated (Mr. Ernesto Hernández Castillo); with regard to the remaining four trade union officials, the company has indicated that it will look for the appropriate mechanism for their reintegration and the two parties have agreed to meet in order to find a satisfactory solution. The Government indicates that the company has indicated that it will verify the situation with regard to the alleged refusal to meet with the union and that the representative of the company refused knowledge of these facts; the company has a positive attitude towards resolving the problems. The company stated that there is good will to reactivate the joint committee through dialogue, and that its non-operation was due to external factors and changes in its membership on behalf of the company.
5. 65. The Committee takes due note of these observations, and in particular of the large fine imposed on the company Lido S.A. for obstructing the freedom and association and reinstatement of six union officials. The Committee hopes that the remaining four officials will be reinstated in the company in the near future and notes that the company will meet with the trade union with regard to this issue and will look for an appropriate mechanism for their reintegration. The Committee requests the Government to keep it informed of developments including any ruling handed down with regard to the four dismissed officials. With regard to the alleged refusal of the company to meet with the union on official premises or to reactivate the joint committee provided for under the terms of the collective agreement, the Committee takes note of the company’s statements and requests the Government to keep it informed of developments on these issues.