Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 326, Novembre 2001

Cas no 2007 (Bolivie (Etat plurinational de)) - Date de la plainte: 11-FÉVR.-99 - Clos

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

1. 16. The Committee last considered this case at its meeting of March 2000, where its requested the Government to initiate mediation efforts with a view to helping the parties to reach a global solution (reinstatement or, if this is not possible on account of the time that has elapsed, financial compensation if not yet received) for the alleged acts of anti-trade union discrimination, in particular, bearing in mind that months after the collective agreement on the dispute, signed 5 May 1997, the employment contracts of many strikers have not been renewed. Mediation should further endeavour to find a solution to the criminal and civil suits that have been brought by both parties in connection with the strike, dating back to April 1997. The Committee also asked to be kept informed of developments and of judicial decisions [see 320th Report, para. 285].
2. 17. In its communication of 19 July 2001, the Government states that, through mediation, the parties involved in this case reached a global solution, as recommended by the Committee, as regards both financial compensation and court cases. This final solution was achieved through consultation and conclusion of two transactional agreements. The first of these agreements was signed on 17 February 2000 between the company and leaders of the Federation of Factory Workers. The agreement was ratified and complemented by a second transactional agreement of 2 October 2000 between the company and the workers directly involved. These documents essentially provide for the following agreements whereby the dispute is terminated: (1) the employer undertakes to withdraw unconditionally the suits brought against former employees and renounces any compensation for damages caused during and as a result of the strikes; (2) the workers involved likewise withdraw their suits against the company; (3) both parties agree to recognize that social benefits were paid and collected in timely fashion, but decide to carry out a tripartite review of the corresponding payments in one month’s time.
3. 18. The Committee takes note of this information with satisfaction.