Report in which the committee requests to be kept informed of development - Report No 332, November 2003

Case No 2103 (Guatemala) - Complaint date: 26-SEP-00 - Closed

Allegations: The complainants allege various anti-union acts (compulsory resignations of union members, dismissals, suspensions and transfers of union officers and members) in the Office of the Auditor-General

1. 669. The Committee last examined this case at its March 2003 meeting [see 330th Report, paras. 756-768, approved by the Governing Body at its 286th meeting in March 2003].
2. 670. The Government sent new observations in the communication of 29 August 2003.
3. 671. 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

1. 672. At its March 2003 meeting, when it examined allegations of anti-union discrimination in the Office of the Auditor-General, the Committee made the following recommendations [see 330th Report, para. 768]:
   • The Committee urges the Government to implement without delay the recommendations made in the previous examination of the case and to send complete observations on the following pending allegations concerning the Office of the Auditor-General:
     • (i) with regard to the allegations of forced resignations of more than 200 trade union members, the Committee requests the Government to provide greater details on the reasons for these resignations;
     • (ii) with regard to the dismissals of the five members named in the conclusions, the Committee again strongly urges the Government to carry out urgent investigations and, should the anti-union nature of these actions be confirmed, to take the necessary measures to reinstate the workers concerned in their posts with the payment of any outstanding wages;
     • (iii) with regard to the dismissal proceedings and the failure to assign duties to the members of the SITRACGC and Unidad Laboral executive committees, the Committee again requests the Government to urge the Auditor-General’s Office to abandon the dismissal actions and proceed by common agreement with the assignment of duties in such a way that the performance of union activities is not affected;
     • (iv) with regard to the alleged transfer and subsequent suspension without pay of Mr. Sergio René Gutiérrez Parrilla, in reprisal for exercising the right of petition, the Committee again requests the Government to take the necessary steps to ensure that investigations are carried out and, should the transfer and subsequent suspension prove to be the result of legitimate union activities, to ensure that the transfer is rescinded or, if it has already taken effect, to provide compensation and pay any outstanding wages; and
     • (v) with regard to the dismissals of Ms. Ivana Eugenia Chávez Orozco and Mr. Otoniel Antonio Zet Chicol, the Committee again requests the Government to comply with the court ruling and reinstate the workers concerned in their posts without loss of pay.

B. The Government’s reply

1. 673. In its communication of 29 August 2003, the Government states that the Ministry of Labour and Social Security, through the General Labour Inspectorate, convened a meeting on 28 August 2003 with trade union officers of both the Workers’ Unions of the Office of the Auditor-General, that is to say, the SITRACGC and the Organization for Worker Unity (Unidad Laboral), in order to ascertain the current status of case No. 2103.
2. 674. The Government indicates that these union members stated that following the arrival of the new Auditor-General, the situation of labour rights in the Office of the Auditor-General improved, for example, there is respect for freedom of association and full compliance with the collective agreement on working conditions in force in this institution. The union members added that there is a very good level of communication with the employer and stated that they have also been given extensive freedom to carry out their activities as trade union officers. Furthermore, they indicated that all the dismissed workers have been reinstated in their posts, and that trade union officers are being granted the time required to carry out activities resulting from their duties as trade union leaders.
3. 675. The Government adds that the union members took the opportunity to request the withdrawal of legal action relating to the plenary proceedings for the termination of contracts of employment of various trade union officers, which were initiated by the former Auditor-General, since they considered that the problems were now solved.
4. 676. Lastly, the Government states that the union members acknowledged that the General Labour Inspectorate has ensured that employers, workers and trade unions comply with and respect labour and social security legislation as well as regulations, pacts and collective labour agreements. Before doing all of this, the General Labour Inspectorate conducted a comprehensive investigation based on the facts into the alleged acts of violations of labour and trade union rights by the former Auditor-General. The Government sent documents relating to its previous statements.
5. 677. The Government reiterates that the new administration of the Office of the Auditor?General made a commitment to comply with the recommendations made by the Committee on Freedom of Association in the present case.

C. The Committee’s conclusions

1. 678. As regards the dismissal of five union members, the dismissal proceedings (with failure to assign duties) relating to members of the SITRACGC and Unidad Laboral executive committees and the dismissals of Ms. Ivana Eugenia Chávez Orozco and Mr. Otoniel Antonio Zet Chicol, the Committee notes with satisfaction that according to the Government (echoing the statements made by the two trade unions in question), these workers have been reinstated in their posts and resumed their activities, and the union members have therefore withdrawn their legal action. The Committee notes with interest that according to the Government (echoing the statements made by the two trade unions in question), following the appointment of the new Auditor-General, the situation of labour and trade union rights improved, trade union officials are granted the time required to carry out their activities, and the General Labour Inspectorate has ensured compliance with legislation and collective agreements.
2. 679. The Committee observes that the Government has not referred specifically to the alleged transfer and subsequent suspension without pay of Mr. Sergio René Gutiérrez Parrilla for exercising the right of petition, or to the alleged compulsory resignations involving the termination of membership of more than 200 union members during the mandate of the previous Auditor-General. However, the Committee notes that the new administration of the Office of the Auditor-General has made a formal commitment to comply with the Committee’s recommendations in the present case. The Committee requests the Government to confirm that these problems outlined by the complainants have been resolved.

The Committee's recommendations

1. 680. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • While noting with satisfaction the reinstatement of the trade unionists who had been dismissed, the Committee observes that the Government has not referred specifically to the alleged transfer and subsequent suspension without pay of Mr. Sergio René Gutiérrez Parrilla for exercising the right of petition, or to the alleged compulsory resignations involving the termination of membership of more than 200 union members during the mandate of the previous Auditor-General. However, the Committee notes that the new administration of the Office of the Auditor-General has made a formal commitment to comply with the Committee’s recommendations in the present case. The Committee requests the Government to confirm that these problems outlined by the complainants have been resolved.