Effect given to the recommendations of the committee and the Governing Body - Report No 367, March 2013

Case No 2836 (El Salvador) - Complaint date: 16-DEC-10 - Closed

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

1. 58. The Committee last examined this case, concerning the refusal by the governing body of the Legislative Assembly to recognize the Trade Union of Workers of the Legislative Assembly (SITRAL) and anti-union practices, including non-renewal of the employment contract of SITRAL’s Secretary-General, at its November 2011 meeting [see 362nd Report, paras 668–698]. On that occasion, the Committee made the following recommendations:
   • (a) While the Committee is fully aware of the consequences of the separation of powers, it requests that the Government communicate its conclusions and recommendations to the Legislative Assembly and firmly expects that the governing body of the Legislative Assembly will, pending the final outcome of this official’s application for amparo, immediately extend the employment contract of the Secretary-General of SITRAL, Mr Luis Alberto Ortega Ortega so that he is reinstated without loss of pay, recognize the trade union without delay and open a constructive dialogue with that organization.
   • (b) The Committee requests the Government to keep it informed of any measures taken to follow up the aforementioned conclusions and recommendations.
2. 59. In a communication dated 15 February 2012, the Government informs the Committee that the Ministry of Labour and Social Welfare forwarded the Committee’s conclusions and recommendations on this case to the Legislative Assembly. In its communication dated 25 May 2012, the complainant informs the Committee that the Constitutional Chamber of the Supreme Court, in a decision of 3 October 2011, declared inadmissible the application for amparo filed by Luis Alberto Ortega Ortega, ruling that the worker could not claim stability of employment, as he held a contract of personal service. The organization states further that, starting on 10 January 2012, the Metropolitan Cathedral of San Salvador was peacefully occupied for three months in support of the demand for Luis Alberto Ortega’s reinstatement, among other demands. As a result of this movement, a Commission was set up, consisting of the Human Rights Ombudsman and several religious authorities, to seek a favourable solution to the demands, including compliance with the recommendations of the Committee on Freedom of Association concerning this case. Lastly, on 27 February 2012 the Secretary-General of SITRAL filed an individual petition against the State of El Salvador with the Inter-American Commission on Human Rights for violation of human and labour rights.
3. 60. The Committee takes note of the decision of the Constitutional Chamber of the Supreme Court declaring inadmissible the amparo proceedings filed by the Secretary-General of SITRAL against the non-renewal of his contract of employment. The Committee notes that the Supreme Court has not ruled on whether or not there were anti-union reasons for the non-renewal of the contract of Luis Ortega Ortega, considering that the worker was not entitled to stability of employment. The Committee recalls in this regard that the non renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention No. 98 [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, para. 785] and that no one should be subjected to anti-union discrimination because of legitimate trade union activities and the remedy of reinstatement should be available to those who are victims of anti-union discrimination [see Digest, op. cit., para. 837]. In the light of these principles and of its previous recommendations concerning this case, the Committee urges the Government to take all the necessary steps, including through dialogue in the Commission consisting of the Human Rights Ombudsman and several religious authorities, to ensure that the governing body of the Legislative Assembly proceeds to reinstate the Secretary-General of SITRAL, Mr Luis Alberto Ortega Ortega, and that this trade union is recognized without delay. The Committee requests the Government to keep it informed of any measures taken to follow up the aforementioned conclusions and recommendations.