Report in which the committee requests to be kept informed of development - Report No 330, March 2003

Case No 2105 (Paraguay) - Complaint date: 05-AUG-00 - Closed

Allegations: The complainant organizations allege sanctions involving dismissals, suspensions, transfers, and warnings imposed on workers of the National Electricity Authority (ANDE) and other acts of anti-union discrimination following two strikes.

1. 978. The Committee last examined this case at its November 2001 meeting [see 326th Report, paras. 432-450, approved by the Governing Body at its 282nd Session (November 2001)].
2. 979. The Government sent its observations in communications dated 10 September and 10 October 2002.
3. 980. Paraguay 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. 981. At its November 2001 meeting, when it examined allegations relating to dismissals, suspensions, transfers and warnings against workers of the National Electricity Authority for participating in the strikes of 27 January and 22 February 2000, the refusal to recognize one of the members of the union’s negotiating committee and intimidation against workers to make them leave their trade unions, the Committee made the following recommendations [see 326th Report, para. 450]:
2. – as regards the allegations of dismissals, suspensions, transfers and warnings against workers for participating in the strikes, the Committee requests the Government to mediate between the parties with a view to enabling them to achieve a joint negotiated settlement of this dispute;
3. – as regards the allegations that special bonuses were paid to workers who had not taken part in the strike, the Committee requests the Government to take the necessary steps to carry out investigations into these allegations and, if it is established that these allegations are true, to ensure that there is no recurrence of such acts in the future within the administration;
4. – as regards the restrictions with regard to the use of trade union leave, the Committee requests the Government to ensure that no unnecessary restrictions are placed on normal trade union activities; and
5. – with regard to the alleged anti-union practices against workers in the form of intimidation, threats of dismissals and suspensions, and pressure put on workers to make them leave their trade unions, the Committee requests the Government to take the necessary measures to carry out an investigation to establish the facts, and to provide its observations in this respect.
6. B. The Government’s reply
7. 982. In communications dated 10 September and 10 October 2002, the Government refers in detail to the strikes carried out by the trade union organization SITRANDE in January and February 2000, following which 70 workers were dismissed, 80 suspended and 30 transferred (the strikes were declared illegal by the courts of first instance, but the Supreme Court of Justice issued precautionary measures ordering the suspension of the dismissals, suspensions, transfers and warnings). First, the Government emphasizes that the National Electricity Authority (ANDE) has not undertaken a campaign of anti-union discrimination and that the Ministry of Labour and Justice has always ensured that labour rights are fulfilled and respected, in particular the right to strike. Thus, faced with a call to strike, the administrative labour authority proceeded to call for tripartite meetings.
8. 983. The Government states that in the present case, on 18 June 2000, ANDE and the trade union organization SITRANDE came to an agreement with regard to the granting and use of trade union leave. On 26 March 2001, the Government and rural workers’ and social organizations agreed the following: (a) there would be no dismissal, severance, labour separation, transfer or change in employment conditions of workers in the National Electricity Authority for reasons relating to trade union privileges or the strikes carried out by these workers in past years and/or for budgetary reasons, and (b) to give effect to the collective agreements on labour conditions in the public sector within the legal framework.
9. 984. Finally, the Government states that currently trade union officials of SITRANDE and representatives of ANDE have set up a round table for social dialogue and bargaining through which various agreements have been achieved.

C. The Committee’s conclusions

1. 985. The Committee notes that the allegations examined at its November 2001 meeting referred to dismissals, suspensions, transfers and warnings against workers of the National Electricity Authority (ANDE) and other acts of anti-union discrimination (suspension of payment of bonuses, intimidation and threats of dismissal and suspension and restrictions on the use of trade union leave) following two strikes in January and February 2000.
2. 986. In this respect, the Committee notes the Government’s statement that the strikes in question were declared illegal by the courts of first instance, but that the Supreme Court of Justice issued precautionary measures ordering the suspension of the dismissals, suspensions, transfers and warnings. The Committee also notes that the Government states that in the framework of this conflict various agreements were made: (1) on 18 June 2000, SITRANDE and ANDE came to an agreement with regard to the granting and use of trade union leave; (2) on 26 March 2001, the Government and workers’ organizations agreed that there would be no dismissal, severance, labour separation, transfer or change in employment conditions of workers of ANDE for having participated in the strikes in 2000, and collective agreements on labour conditions in the public sector would be given effect; and (3) recently, SITRANDE and ANDE had set up a round table for social dialogue and bargaining through which a number of agreements had been concluded.
3. 987. In these circumstances, the Committee requests the Government to take steps to ensure that the agreements made between SITRANDE and ANDE not to sanction workers for their participation in the strikes of January and February 2000 are given full effect. The Committee also requests the Government to keep it informed of all steps taken to implement these agreements and, in particular, to keep it informed of developments with regard to the reinstatement of the 70 dismissed workers, the suspension of 80 and the transfer of 30 workers.

The Committee's recommendations

1. 988. In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take steps to ensure that the agreements made between the trade union SITRANDE and the National Electricity Authority (ANDE) not to sanction workers for their participation in the strikes in January and February 2000 are given full effect.
   • (b) The Committee also requests the Government to keep it informed of all steps taken to implement these agreements and, in particular, to keep it informed of developments with regard to the reinstatement of the 70 dismissed workers, the suspension of 80 and the transfer of 30 workers.