Effect given to the recommendations of the committee and the Governing Body - Report No 374, March 2015

Case No 2679 (Mexico) - Complaint date: 19-NOV-08 - Closed

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

1. 59. The Committee last examined this case at its June 2013 meeting. It concerns alleged anti union dismissals of insurance sales agents who are members of the Union of General Insurance Sales Agents in the State of Jalisco (SAVSGEJ) and the cancellation of the union’s registration [see 368th Report, paras 61–63]. On that occasion, the Committee requested the Government to inform it of the outcome of the ongoing judicial proceedings concerning the anti-union dismissals.
2. 60. In its communication dated 6 May 2014, the SAVSGEJ informs the Committee that the legal proceedings in three of the six cases of dismissal are still ongoing: the proceedings concerning Ms María Cristina Vergara Parra (Case No. 1097/2008); Ms María del Socorro Guadalupe Acevez González (Case No. 1254/2008), who, since her dismissal, has been affected by the non-renewal of the policies she was managing; and Mr Martin Ramírez Olmedo (Case No. 83/2009). To its communications dated 6 May 2014 and 19 June 2014, the SAVSGEJ appends certified copies of letters that it sent to the President of the Republic, the Secretary of Labour and Social Welfare of Mexico, and the Secretary of Finance and Public Credit of Mexico, in which it requested a meeting to discuss the grave situation of insurance agents in the absence of the most basic social welfare entitlements.
3. 61. In a communication dated 23 May 2014, the Government provides detailed information on the judicial proceedings concerning anti-union dismissals on the basis of the information provided by the Local Conciliation and Arbitration Board of Jalisco State (JLCA de Jalisco). The Government informs the Committee that Case No. 1099/2008 concerning Mr Lázaro Gabriel Téllez Santana has been closed. The Government states that the defendant enterprise refused to reinstate the worker and was consequently ordered to pay 1 million Mexican pesos (MXN) in compensation. Mr Téllez Santana received the compensation and dropped his appeal and the case was closed as it was fully resolved. The Government informs the Committee that the proceedings in Case No. 993/2008 concerning Mr Alejandro Casarrubias Iturbide, who had already received compensation, were also closed.
4. 62. However, the Government informs the Committee that the following dismissal cases are still pending:
   • – With regard to Case No. 1222/2008 concerning Ms Rossana Aguirre Díaz, in October 2013 the Allianz Mexico insurance company filed a direct appeal for protection of a constitutional right (juicio de amparo directo) against rulings of the JLCA de Jalisco.
   • – With regard to Case No. 83/2009 concerning Mr Martín Ramírez Olmedo, the Government informs the Committee that the reinstatement process could not be completed because the defendant enterprise, Mapfre Tepeyac SA was not notified of the agreement dated 13 January 2014; as a result, on 18 February 2014, the Fifth Special Board of the JLCA de Jalisco admitted an application for review of the implementation with a view to regularizing the proceedings.
   • – With regard to Case No. 1097/2008 concerning Ms María Cristina Vergara Parra, the Government informs the Committee that on 27 June 2013, the Fifth Special Board of the JLCA de Jalisco notified the parties of the official response from the National Insurance and Surety Commission in order that they may make comments, as is their right.
   • – Case No. 1254/2008 concerning Ms María del Socorro Guadalupe Acevez González is at the admission of evidence stage. On 27 January 2014, the Fifth Special Board of the JLCA de Jalisco formally requested the Special Local Conciliation and Arbitration Board of Tecomán, Colima state, to assist it by formally admitting the testimonial evidence from the complainant. Once the requested authority has the date for the admission of evidence, it must communicate it to the Fifth Special Board.
5. 63. The Committee takes note of the information provided by the Government. While noting that two cases have been resolved, the Committee observes with concern that four of the cases (those concerning Ms Rossana Aguirre Díaz; Mr Martín Ramírez Olmedo; Ms María Cristina Vergara Parra; and Ms María del Socorro Guadalupe Acevez González) remain pending, despite the fact that almost six years have passed since the termination of the employment relationship of the employees concerned. The Committee recalls the principle that “justice delayed is justice denied” [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105] and firmly expects that these cases will be concluded without delay. The Committee urges the Government to inform it of the outcome of these proceedings as soon as they have been concluded.