Allegations: Refusal of the Mayor of Chinautla to negotiate a collective agreement and dismissal of 14 union members and a union leader; reorganization of sections of the Ministry of Education with the possible elimination of posts with the aim of destroying the union that operates in that Ministry; measures taken by the Directorate General for Migration to dismiss union leader Mr Jaime Roberto Reyes Gonda without court authorization; dismissal of 16 members of the Union of Workers of the “José de Pineda Ibarra” National Centre for Textbooks and Educational Material as a result of a reorganization ordered by the Minister of Education and action taken to dismiss all members of the union’s executive committee
- 635. The Committee last examined this case at its meeting of June 2010 and submitted an interim report to the Governing Body [see 357th Report, paras 661–676 approved by the Governing Body at its 308th Session].
- 636. In the absence of a reply from the Government, the Committee had to defer the examination of this case on two occasions. At its March 2011 meeting [see 359th Report, para. 5], the Committee addressed an urgent appeal to the Government stating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report (1972), approved by the Governing Body, it could present a report on the substance of this case at its next meeting even if the observations or information requested had not been received in due time. To date the Government has not sent any information.
- 637. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case
- 638. In its previous examination of the case, the Committee made the following recommendations [see 357th Report of the Committee, para. 676]:
- (a) With regard to the allegations relating to the dismissal of 16 members of the Union of Workers of the “José de Pineda Ibarra” National Centre for Textbooks and Educational Material and the action taken to dismiss all the members of the executive committee in the context of a process of reorganization by the Minister of Education, the Committee urges the Government once again to provide information, including figures, indicating whether the dismissal affected only unionized workers or whether the reorganization process and subsequent dismissal also affected other workers of the institution in question. The Committee also requests the Government to send a copy of the decision of the Constitutional Court which refused the appeal for amparo filed by the executive committee of the union.
- (b) With regard to the collective dispute of an economic and social nature in the Chinautla Municipal Authority, which was the subject of a complaint filed with the judicial authority, and in the course of which 14 trade union members (who according to the Government are still working) and the union leader, Mr Marlon Vinicio Avalos, were dismissed, the Committee urges the Government to inform it without delay concerning the situation in the collective dispute in Chinautla Municipality, whether collective bargaining has taken place and whether the six workers with respect to whom a decision had been reached have been reinstated, and to send information on the situation of the other dismissed workers, including Mr Marlon Vinicio Avalos.
- (c) With regard to the allegations of SITRAMUNICH, according to which the Chiquimula Municipal Authority dismissed or requested the termination of the contracts of employment of several workers (in particular members of the union) and made the payment of wages conditional on resignation of the workers, despite the existence of two judicial proceedings on a “collective dispute of a social and economic nature” (convocation of collective bargaining), whereby any termination of a contract of employment must be authorized by the judge, and noting the designation of a Conciliation Tribunal, the Committee requests the Government to ensure that, while the Conciliation Tribunal is sitting, no further dismissals or terminations of workers’ contracts occur in the Chiquimula Municipal Authority and that payment of wages is not made conditional on resignation by the workers or signing of a fixed-term contract. The Committee also requests the Government to take the measures necessary to reinstate those workers who were dismissed without the authorization of the judge, in defiance of a judicial decision on a “convocation to collective bargaining” which prohibits any termination of contracts without judicial authorization, with payment of the wages due. The Committee requests the Government to keep it informed in this respect and to inform it of the decision of the Conciliation Tribunal.
B. The Committee’s conclusions
B. The Committee’s conclusions
- 639. The Committee notes that in the present case, the complainants have alleged the dismissal of 16 members of the Union of Workers of the “José de Pineda Ibarra” National Centre for Textbooks and Educational Material following a reorganization ordered by the Minister of Education, and actions aimed at bringing about the dismissal of all the members of the union’s executive committee; refusal by the Mayor of Chinautla to negotiate a collective agreement, and dismissal of 14 union members and one union leader; and the termination of employment contracts of a number of workers by the Chiquimula municipal authorities.
- 640. The Committee notes with regret that, despite the urgent appeal, the Government has not provided any information, and accordingly urges it to implement without further delay the Committee’s previous recommendations reproduced above.
The Committee's recommendations
The Committee's recommendations
- 641. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- The Committee notes with regret that, despite its urgent appeal, the Government has not provided any information, and accordingly urges it to implement without further delay the Committee’s previous recommendations, which are reproduced below.
- – With regard to the allegations relating to the dismissal of 16 members of the Union of Workers of the “José de Pineda Ibarra” National Centre for Textbooks and Educational Material and the action taken to dismiss all the members of the executive committee in the context of a process of reorganization by the Minister of Education, the Committee urges the Government once again to provide information, including figures, indicating whether the dismissal affected only unionized workers or whether the reorganization process and subsequent dismissal also affected other workers of the institution in question. The Committee also requests the Government to send a copy of the decision of the Constitutional Court which refused the appeal for amparo filed by the executive committee of the union.
- – With regard to the collective dispute of an economic and social nature in the Chinautla Municipal Authority, which was the subject of a complaint filed with the judicial authority, and in the course of which 14 trade union members (who according to the Government are still working) and the union leader, Mr Marlon Vinicio Avalos, were dismissed, the Committee urges the Government to inform it without delay concerning the situation in the collective dispute in Chinautla Municipality, whether collective bargaining has taken place and whether the six workers with respect to whom a decision had been reached have been reinstated, and to send information on the situation of the other dismissed workers, including Mr Marlon Vinicio Avalos.
- – With regard to the allegations of SITRAMUNICH, according to which the Chiquimula Municipal Authority dismissed or requested the termination of the contracts of employment of several workers (in particular members of the union) and made the payment of wages conditional on resignation of the workers, despite the existence of two judicial proceedings on a “collective dispute of a social and economic nature” (convocation of collective bargaining), whereby any termination of a contract of employment must be authorized by the judge, and noting the designation of a Conciliation Tribunal, the Committee requests the Government to ensure that, while the Conciliation Tribunal is sitting, no further dismissals or terminations of workers’ contracts occur in the Chiquimula Municipal Authority and that payment of wages is not made conditional on resignation by the workers or signing of a fixed-term contract. The Committee also requests the Government to take the measures necessary to reinstate those workers who were dismissed without the authorization of the judge, in defiance of a judicial decision on a “convocation to collective bargaining” which prohibits any termination of contracts without judicial authorization, with payment of the wages due. The Committee requests the Government to keep it informed in this respect and to inform it of the decision of the Conciliation Tribunal.
