Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2017 (Guatemala) - Complaint date: 05-MAR-99 - Closed

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

1. 77. The Committee last examined these cases at its November 2004 meeting [see 335th Report, paras. 93-106]. On that occasion, the Committee made the following recommendations:
2. – With regard to the La Exacta and/or San Juan El Horizonte farm, the Committee observes that the Government has not specified whether the new amicable settlement concluded on 24 October 2003 includes the reinstatement of the dismissed workers in respect of whom the courts had ordered reinstatement and requests the Government to keep it informed in this respect.
3. – With regard to the Tamport S.A. company, in respect of which the Committee had requested the Government to inform it concerning the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure, the Committee requests the Government to inform it of the results of those proceedings.
4. – With regard to the murder of Mr. Baudillo Amado Cermeño Ramírez in December 2001, the Committee requests the Government to send it the ruling handed down in that respect.
5. – With regard to the dispute at the La Aurora National Zoological Park, which was lodged with the Arbitration Court, the Committee requests the Government to keep it informed of the legal ruling with regard to the arbitrator’s decision issued in December 2003, which was appealed by the company.
6. – With regard to the allegations of the dissent from SITRACOBSA over the decision by the Ministry of Labour to cancel the suspension of the contracts of workers belonging to the legitimate trade union (SITECOBSA) of the Corporacíon Bananera S.A. company, the Committee requests the Government to send its observations with regard to the alleged suspension of employment contracts for workers belonging to the other trade union (SITECOBSA) without delay.
7. – With regard to the allegations concerning the kidnapping, assaults and threats against the trade unionists of the Santa María de Lourdes farm, Mr. Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which has been threatened, is guaranteed.
8. – With regard to the allegations relating to the murder of trade union members, Messrs. Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay.
9. – With regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on all the ongoing issues and on the new allegations presented by UNSITRAGUA.
10. 78. In communications dated 4 November and 2 December 2004 and 19 January and 16 March 2005, the Government states:
11. – With respect to the allegations concerning the Crédito Hipotecario Nacional, the Trade Union of Workers of the Crédito Hipotecario Nacional de Guatemala sent a summary of the labour dispute that had taken place between the Crédito Hipotecario Nacional de Guatemala and its workers, represented by the Trade Union of Workers of the same institution. The Committee recalls that the Government had provided information about action being taken by the negotiating committee in respect of these allegations. The Committee requests the Government to keep it informed of the progress made by that committee.
12. – With respect to the allegations relating to the Tamport S.A. company, Labour and Social Security Court No. 7 set a deadline of 24 hours for both parties, workers and employers, to appoint three delegates so as to be able to set up the conciliation tribunal and, should they not do so, the tribunal would appoint them officially. It is worthwhile stating that in this case neither of the parties promoted the group, so the tribunal did so officially. The Committee requests the Government to keep it informed of the final result of this proceeding.
13. – With regard to the dispute at the La Aurora National Zoological Park, the judicial authority confirmed the arbitrator’s decision which had been appealed by the company. The arbitrator’s decision is currently in the implementation phase, waiting for the joint commission, established in accordance with the arbitrator’s decision, to issue the respective report. The Committee requests the Government to keep it informed of the report of the joint commission mentioned.
14. – With regard to the alleged suspension of the contracts of employment of workers belonging to the trade union SITRACOBSA, the decision to cancel the suspension of the contracts of employment is a matter for the judicial authority. Furthermore, the Government states that at the end of 1998 the trade union organization SITECOBSA had no members and can no longer legally exist. In view of this information, the Committee will not pursue its examination of these allegations.
15. – With regard to the dismissals from the La Exacta and/or San Juan El Horizonte farm, in respect of which reinstatement had been ordered, in September 2004 the acceleration committee, in which the Ministry of Labour and Social Welfare and UNSITRAGUA participate, was set up to serve as a conciliation body. The committee met on two occasions. During the second meeting, the reported dismissals were addressed, together with other matters. It was taken into account that immediately after the events that gave rise to the present complaint occurred, steps were taken to obtain the respective ordinary reinstatement judgements. The first level ruling favourable to the workers was contested by the employers and the second level ruling also ordered the reinstatement of the affected workers, as well as the payment of the respective labour benefits. To date it has not been possible to implement the second level ruling, given that the entity has been absorbed by other limited liability companies, which have so far not been identified, as the business register certifications are unavailable. It was therefore agreed that they would be transmitted through UNSITRAGUA for subsequent analysis, together with the representative of the Ministry of Labour. It was also agreed to convene a conciliation hearing for the employers’ side, who would be summoned through the Ministry of Labour and Social Welfare. The Committee requests the Government to keep it informed of the reinstatement proceedings under way.
16. 79. Lastly, the Committee regrets that the Government has not sent the requested information on the other pending issues. The Committee asks the Government to send the following information without delay:
17. – With regard to the murder of Mr. Baudillo Amado Cermeño Ramírez in December 2001, the Committee requests the Government to send it the ruling handed down in that respect.
18. – With regard to the allegations concerning the kidnapping, assaults and threats against the trade unionists of the Santa María de Lourdes farm, Mr. Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which has been threatened, is guaranteed.
19. – With regard to the allegations relating to the murder of trade union members, Messrs. Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay.