Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2572 (El Salvador) - Complaint date: 07-JUN-07 - Closed

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

1. 83. The Committee last examined this case, which concerns allegations of violations of the collective agreement in force in the Social Fund for Housing, at its March 2008 meeting. On that occasion, the Committee noted that the complainant trade union and the Social Fund for Housing were endeavouring to resolve the problems relating to the implementation of the terms of the collective agreement in force, requested the Government to keep it informed in this respect, and encouraged the parties to resolve their differences in the very near future [see 349th Report, paras 782–793].
2. 84. In communications dated 11 March and 15 and 17 July 2009, the Government states that the situation regarding the present case has not significantly changed in the time that has elapsed since attempts were made to promote direct social dialogue between the parties concerning problems arising from the implementation of the collective agreement. The Government therefore considers that the parties are attempting to resolve those problems directly.
3. 85. The Committee takes note of this information. When it last examined this case, the Committee emphasized the principle that “(collective) agreements should be binding on the parties”, and that “mutual respect for the commitment undertaken is an important element of the right to bargain collectively and should be upheld in order to establish labour relations on stable and firm ground” [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 939 and 940]. Under these circumstances, taking into account the time that has elapsed since the submission of the complaint (in June 2007), the Committee firmly expects that the parties will reach an agreement relating to the implementation of the collective agreement in force in the near future, but also suggests that it may be necessary to resort to alternative legal mechanisms for settling disputes or submit this matter to the judicial authority.