Visualizar en: Francés - Español
Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 141. The Committee last examined this case at its October 2015 meeting
[see 376th Report, paras 103–111]. The present case concerns the alleged failure of the
Government to secure the effective observance of Conventions Nos 87 and 98, with respect
to several allegations of infringements of the rights to organize and collective
bargaining on the part of a vehicle-producing corporation (hereinafter “the
enterprise”), including mass dismissal of over 230 workers following their participation
in union activities and strike action. During the last examination of the case, the
Committee welcomed the Government’s out-of-the-box settlement initiative to set up a
livelihood project equally financed by the Government and the enterprise that would
benefit all dismissed workers and expected the Government to conduct an expeditious
investigation into the allegations of harassment, intimidation and threats against Ed
Cubelo, President of the enterprise Association (TMPCWA).
- 142. The complainant provides additional information in communications
dated 10 August 2016, 12 May 2017, 23 October 2019 and 10 January 2020. It indicates
that the Department of Labor and Employment (DOLE) made serious and genuine efforts to
reach out to the enterprise, including by facilitating meetings between the parties and
repeated correspondence with senior management of both the enterprise and its parent
company. The complainant also provides detailed information on actions taken, together
with its support group in Japan, to seek settlement and to put pressure on the
enterprise, including correspondence with senior management of the enterprise and its
parent company, numerous protest actions and other campaigns. Nevertheless, the
enterprise did not show any willingness to settle the case and maintains its stance that
it has no obligation towards the dismissed workers. The complainant also considers that
the livelihood project, to which the enterprise was previously open, does not constitute
sufficient compensation for the mass dismissals and should rather be understood as a
project to avoid absolute poverty of the dismissed workers. Furthermore, following the
worsening of the political situation in the country in 2019, the enterprise resumed its
union-busting policy and the DOLE, despite continued efforts to seek a solution to the
case, has changed its stance towards the complainant, including by withdrawing the
educational assistance for displaced workers and their dependants granted in 2018.
- 143. In its latest communications, the complainant denounces continued
union harassment in the country, including a house search of the TMPCWA assistant
treasurer, Ricky Chavez. The complainant also denounces the adoption of Executive Order
No. 70 pertaining to the creation of a national task force to end local communist armed
conflict and directing the adoption of a national peace framework to address the root
causes of insurgencies, internal disturbances, tensions and other armed conflicts and
threats in identified areas. It alleges that the Executive Order adopts an
anti-terrorism and insurgency approach and its purpose is to perpetuate attacks against
legal mass organizations and their leaders, including trade unions and labour activists.
In particular, the complainant alleges that it is used to “legalize” massive arrests of
leaders, organizers and workers and points to the arrest and detention of 62 activists
in October 2019, as well as the raiding of organizations’ offices.
- 144. The Government provides observations in communications dated 2
November 2016 and 1 October 2019. It reiterates information provided previously,
indicating that the remaining issue concerns the complainant’s claim for reinstatement
or payment of adequate compensation to approximately 100 workers who had not previously
accepted the compensation package offered by the enterprise. It asserts that through the
DOLE it continuously engaged with both the union and the enterprise to search for an
equitable and mutually satisfactory solution to the current dispute, pursuant to the
Committee’s October 2015 recommendations. While the enterprise has been firm that
reinstatement is not possible since the Supreme Court had ruled with finality on the
validity of the dismissal and non-entitlement to severance pay of the dismissed workers,
it remains open to extending financial assistance to the 75 dismissed workers who have
not yet claimed it and states that this gesture should be considered as a satisfactory
solution to the pending issue. The Government also informs the Committee about the
procedure conducted under the Organisation for Economic Co-operation and Development
(OECD) Guidelines and the April 2019 recommendations, which encourage both the
enterprise and its parent company to conduct activities respecting the OECD
Guidelines.
- 145. The Committee notes the detailed information provided by the
complainant, as well as the Government’s reply thereto. The Committee recalls that this
is a long-standing case relating to a number of allegations, including mass dismissals
of union officers and members for participation in peaceful assemblies. The Committee
had previously reiterated principles of freedom of association concerning anti-union
dismissals and urged the Government to intercede with the parties so as to reach an
equitable negotiated solution with respect to the approximately 100 dismissed workers
who had not accepted the compensation package offered by the company, including through
the payment of adequate compensation if reinstatement was no longer possible for
objective and compelling reasons [see 365th Report, November 2012, para. 185; 356th
Report, March 2010, paras 1215–1216]. The Committee recalls that the complainant’s
request for reinstatement or payment of adequate compensation and the allegations of
harassment against the TMPCWA President remain the outstanding issues of this case.
- 146. Concerning the issue of reinstatement or adequate compensation to
the dismissed workers, the Committee welcomes the Government’s numerous initiatives to
reach settlement, including through repeated correspondence with both the enterprise and
the parent company, but observes from the information provided that there continues to
be a fundamental disagreement between the parties on this matter. On the one hand, the
enterprise maintains its stance that the financial assistance offered to the dismissed
workers constitutes adequate compensation, especially in view of the validity of their
dismissal as per the decision of the Supreme Court, but that it remains open to
extending the financial assistance to 75 workers who had not previously accepted it, as
well as to participate in the DOLE’s proposal for a livelihood project. On the other
hand, the complainant argues that a livelihood project does not constitute adequate
compensation for the mass dismissals but can only be considered as an effort to keep the
workers out of poverty and emphasizes that the matter of compensation remains pending
since all negotiations were halted due to the substantial differences in positions
between the parties. The Committee understands from the above that, despite the
Government’s repeated efforts, negotiations between the parties have been stalled and
that the parties have thus not reached any agreement, be it on compensation to the
dismissed workers or on the livelihood project. Regretting that more than 19 years after
the mass dismissals, this issue still remains pending, the Committee firmly encourages
the Government to continue to take all measures that could bring the parties to the
negotiating table and facilitate the dialogue between them, so as to settle this
long-standing case and contribute to reaching an equitable and mutually satisfactory
solution for both parties.
- 147. As to the pending allegations of harassment against the TMPCWA
President, the Committee observes that the Government does not provide any concrete
information in this regard. The Committee further notes that the complainant denounces
continued harassment of trade unionists, including a house search of the TMPCWA
assistant treasurer. Recalling that the rights of employers’ and workers’ organizations
can only be exercised within the framework of a system that guarantees the effective
respect of the other fundamental human rights [see Compilation of decisions of the
Committee on Freedom of Association, sixth edition, 2018, para. 70], the Committee
firmly expects that the Government will conduct an expeditious investigation into these
allegations and requests it to take all necessary measures to ensure that freedom of
association may be exercised by the complainant, its members and officials, in a climate
free from violence, harassment and threats of intimidation of any kind.
- 148. Finally, the Committee notes the most recent allegations that the
adoption of Executive Order No. 70 in December 2018 aims at perpetuating attacks against
legal mass organizations and leaders, including trade unions and their activists, and
that more than 60 activists were arrested and detained in October 2019. The Committee
invites the complainant to provide additional information in this regard, including on
the circumstances of the alleged arrests and the nature of the organizations concerned,
and requests the Government to review these allegations so as to ensure that the
incidents were not related to union activity. Further, observing from the text of
Executive Order No. 70 that, through a number of actions, the national peace framework
focuses on addressing the root causes of insurgencies, internal disturbances and other
tensions, the Committee expresses the firm expectation that the Government will ensure
that the Order is not misused to justify repression against trade unionists and their
legitimate activities.
