Effect given to the recommendations of the committee and the Governing Body - Report No 364, June 2012

Case No 2423 (El Salvador) - Complaint date: 18-MAY-05 - Closed

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

1. 33. When it last examined the case in March 2010, the Committee made the following recommendations [see 356th Report, paras 59 and 60]:
   • – Recalling the importance of guaranteeing the right of freedom of association to workers in the security sector and who have been subject to the refusal to grant legal personality since they submitted their request in 2005, the Committee expects that the Government will take the necessary measures for the expeditious recognition of SITRASSPES and SITISPRI and requests the Government to keep it informed in this regard.
   • – With regard to the procedures initiated by STIPES to impose penalties, the Government reports that fines of US$6,856.86 were imposed on the enterprise O&M Mantenimiento y Servicios SA de CV in relation to the dismissal of trade union officials and the payment of outstanding wages. In addition, fines of $2,228.46 were imposed on the enterprise Servicios Técnicos del Pacífico SA de CV in relation to the dismissal of trade union officials and the payment of outstanding wages. The Committee takes note of this information and requests the Government, with regard to the dismissal of the 34 founders of the STIPES trade union, of Mr Alberto Escobar Orellana at the José Simeón Cañas Central American University, of the seven trade union leaders at the clothing company CMT SA de CV and of the trade unionists at the enterprise Hermosa Manufacturing, to continue to promote the reinstatement of the dismissed trade unionists and to keep it informed in this regard, as well as with regard to the outcome of the application for judicial administrative proceedings filed by Mr José Amílcar Maldonado (enterprise CMT SA de CV).
2. 34. In its communication dated 25 October 2011, the Government states, with regard to the Committee’s first recommendation (granting of legal personality to the Private Security Services Worker’s Union (SITISPRI) and the Private Security Workers’ Union of El Salvador (SITRASSPES)), that legal personality was not granted to the abovementioned trade unions under those names. However, starting in 2009, the Ministry of Labour and Social Security amended the criteria forming the basis for resolving such matters and has recognized and granted legal personality to the following trade unions of workers in the private security sector, which many of the founders of the above trade unions have been able to set up or join: the Private Security Industry Worker’s Union of El Salvador (SITRAISPES) and the Private Security Enterprises Worker’s Union of El Salvador (SITESEPRI). Legal personality has also been granted to the SITRAISPES. The Committee takes note of this information with satisfaction.
3. 35. Regarding the dismissal of the 34 founders of the Trade Union of Port Workers’ of El Salvador (STIPES) (recommendation (b)), the Government reiterates that it has imposed fines of US$6,856.86 on the enterprise O&M Mantenimiento y Servicios SA de CV, and $2,228.46 for the dismissal of trade union officials and for the failure to pay outstanding wages. Regarding the dismissal of Mr Alberto Escobar Orellana at the José Simeón Cañas Central American University, the Government states that the employee in question reached an out-of-court settlement with the university authorities.
4. 36. Regarding the dismissal of seven trade union officials at the clothing company CMT SA de CV and of the trade unionists at the enterprise Hermosa Manufacturing SA, the Government states that it has permanently shut down their operations in El Salvador, and in cases where complaints were filed with the courts and the rulings found in favour of the complainant workers, the corresponding labour benefits were paid after criminal proceedings for concealment of assets were initiated against the employer. With regard to the dismissals in the enterprise CMT SA de CV, the Government indicates that the administrative process of sanctioning the enterprise CMT SA de CV for carrying out de facto dismissals of the company’s workers and trade union officials without following the legal procedure has been concluded. However, the enterprise has ceased operations but has not notified the authorities of the official or formal cessation of its operations. The Ministry of Labour and Social Security reiterates that its labour inspectorate took timely administrative action with a view to reinstating the trade union officials.
5. 37. The Committee takes note of this information and requests the Government to continue promoting the reinstatement of the 34 founders of STIPES and the payment of outstanding wages. Finally, the Committee requests the Government to ensure that the sanctions proceedings it has initiated against the enterprise CMT SA de CV for the dismissal of seven trade union officials are followed by the enforcement of the sanctions decided upon in the sanctions proceedings.