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

Case No 2230 (Guatemala) - Complaint date: 07-OCT-02 - Closed

Allegations: Dismissal of 42 workers from the municipality of Esquipulas, including members of the executive committee and the consultative council, and also members of the Workers’ Union of the municipality of Esquipulas.

1. 824. The complaints were contained in communications from the General Confederation of Workers of Guatemala (CGTG) dated 7 October 2002, and the Latin American Central of Workers (CLAT) dated 5 November 2002. The World Confederation of Labour (WCL) supported the complaints in a communication dated 17 December 2002. The Government sent its observations in a communication dated 19 December 2002.
2. 825. 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. The complainants’ allegations

1. 826. In their communications of 7 October and 5 November 2002, the General Confederation of Workers of Guatemala (CGTG) and the Latin American Central of Workers (CLAT) explained that in the context of a collective dispute, the municipality of Esquipulas, Department of Chiquimula, has been duly summoned before the Labour, Social Welfare and Family Court of First Instance of the Department of Izabal. Consequently, and according to legislation, any termination of an employment contract must be authorized by the court that is hearing the dispute, which means that if workers are dismissed without the prior authorization of the competent judge (which is obligatory in accordance with sections 379 and 380 of the Labour Code), the affected workers must be reinstated within 24 hours of the complaint being submitted to the court or becoming known to it.
2. 827. The complainant organizations allege that in violation of Conventions Nos. 87 and 98 and of national legislation, on 17 September 2002, Mr. Ramón Peralta Villeda, the municipal mayor, dismissed 42 workers who were members of the executive committee or consultative council or affiliated to the Workers’ Union of the municipality of Esquipulas. These dismissals were in keeping with the anti-union objective of fragmenting the trade union, against a backdrop of failure to provide appropriate working conditions, harassment, aggression and a variety of violations of labour and trade union rights.

B. The Government’s reply

1. 828. In its communication of 19 December 2002, the Government states that on 17 September 2002, 42 workers were dismissed for participating in a work stoppage on 13, 14 and 15 September. On 19 September 2002, according to adjudication, the labour inspectors, Mario Rolando Morales and Miguel Tereso Rodas went to the municipality of Esquipulas to inform the mayor of the rights of the dismissed workers and to say that they should be reinstated; this did not occur. On 9 October 2002, the labour inspectors once again met with the mayor of Esquipulas, to tell him that within a period of five days he should indicate in writing to the Labour Inspectorate of Chiquimula the reasons for his refusal to reinstate the dismissed workers, as that matter would be referred to the General Labour Inspectorate of the Ministry of Labour and Social Welfare. On 14 October 2002, the mayor of Esquipulas responded in writing that in accordance with Decree No. 35-96 of the Congress of the Republic of Guatemala, he was entitled to dismiss, without legal authorization, any workers who took industrial action. He concluded by saying that he would only reinstate the 42 dismissed workers if a judge with jurisdiction ordered him to do so.
2. 829. The Government adds that on 21 October 2002 the file was referred to the General Labour Inspectorate of the Ministry of Labour and Social Welfare, which was informed that the mayor of Esquipulas had refused to reinstate the dismissed workers. On 29 October 2002, Administrative Decision No. R-III-2-023-2002-3632 was issued by the General Labour Inspectorate on the basis of sections 12, 101, 102, 103 and 106 of the Constitution of the Republic of Guatemala and sections 271, 280, 281, 289 and 415 of the Labour Code. This Administrative Decision imposed a penalty on the municipality of Esquipulas of ten monthly minimum wages in force at the time. The labour infraction was established (maximum penalty), for the labour infraction committed in contravention of sections 379 and 380 of the Labour Code.
3. 830. The Government concludes by stating that the case is currently before the corresponding labour courts and it is awaiting the final judicial ruling.

C. The Committee’s conclusions

1. 831. The Committee observes that in this case the complainant organizations allege the dismissal of 42 workers in the municipality of Esquipulas on 17 September 2002, including members of the executive committee and consultative council, as well as members of the Workers’ Union of the municipality of Esquipulas. The complainant organizations emphasize that these dismissals are contrary to Conventions Nos. 87 and 98 and to sections 379 and 380 of the Labour Code, which require prior judicial approval for the dismissal of workers involved in collective disputes.
2. 832. The Committee notes the Government’s information that following the corresponding investigation the Ministry of Labour, through the General Labour Inspectorate of the Ministry of Labour and Social Welfare, confirmed the infraction of the Constitution and Labour Code and on 29 October 2002 imposed the highest penalty (ten monthly minimum wages) on the municipality of Esquipulas. The Committee notes that the case is currently before the judicial authority.
3. 833. In these circumstances, the Committee deplores the attitude of the municipality of Esquipulas for dismissing 42 trade unionists without the judicial authorization provided for in the Labour Code, as well as for refusing to reinstate the workers in their jobs despite warnings from the administrative authority. The Committee observes that this case has been submitted to the judicial authority and expresses the hope that the 42 trade unionists will be reinstated in their jobs very soon. The Committee requests the Government to inform it of the ruling that is handed down, as well as the text of Decree No. 35?96 of the Congress on the basis of which the dismissals were pronounced.

The Committee's recommendations

1. 834. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Deploring the attitude of the municipality of Esquipulas for dismissing 42 trade unionists without the judicial authorization provided for in the Labour Code, as well as for refusing to reinstate the workers in their jobs despite warnings from the administrative authority, the Committee observes that this case has been submitted to the judicial authority and expresses the hope that the 42 trade unionists will be reinstated in their jobs very soon. The Committee requests the Government to inform it of the ruling that is handed down, as well as the text of Decree No. 35?96 of the Congress on the basis of which the dismissals were pronounced.