Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Case No 2630 (El Salvador) - Complaint date: 03-MAR-08 - Closed

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

1. 45. In its previous examination of the case in November 2010, the Committee requested the Government to send it a copy of the decision on the appeal against the administrative resolution imposing sanctions on the Confitería Americana SA de CV enterprise for bringing pressure to bear on its workers to cancel their union membership. The Committee also observed that the Government had not sent any information on its recommendation regarding the accreditation of the Trade Union Association of Workers of the Confitería Americana SA de CV Enterprise (ASTECASACV) for the collective agreement. The Committee hoped that the action brought by the Trade Union of Workers of the Confitería Americana SA de CV Enterprise (STECASACV) challenging the decision to grant accreditation, currently before the Administrative Disputes Chamber of the Supreme Court of Justice, would be resolved without delay and that the court would have access to all elements of the case in reaching its decision. The Committee requested the Government to keep it informed in that regard [see 358th Report, paras 55–57].
2. 46. In a communication of 13 May 2011, the Government states that, as a consequence of the pressure brought to bear on workers to cancel their union membership by the Confitería Americana SA de CV enterprise, a sanction was imposed on the enterprise; as may be seen from inspection report No. 439-06 (UD-06-07-06) of 28 July 2006), the labour inspector noted a violation of section 205, read in conjunction with section 30(11), of the Labour Code, having found that the enterprise had committed acts aimed at the workers’ withdrawal from the trade union of which they were members, in violation of the right to freedom of association, which is recognized in article 47 of the Constitution. Accordingly, the case was referred to the Ministry of Labour under the procedure for the imposition of sanctions, and the Confitería Americana SA de CV enterprise was granted the right to a hearing on 22 August 2006; in the exercise of this right, the enterprise, through its authorized representative for labour issues, attended a hearing in the Department of Inspection of Industry and Commerce of the Ministry of Labour, at which it requested an appointment for the examination of witnesses. In response to that request, the Department of Inspection set the date for the examination of witnesses for the employer side on 4 September 2006. After examination of the documentary and testimonial evidence, a ruling against the employer was handed down on 6 September 2006, and the enterprise was notified on 24 April 2008 of the fine of US$57,141 imposed on it, which it paid in May 2008.
3. 47. As regards accreditation of the ASTECASACV for the collective agreement, the Government states that on 12 March 2009, Ms Iris Corina Selaya Sigüenza, as General Secretary of the STECASACV, filed a written application with the Administrative Disputes Chamber of the Supreme Court of Justice to withdraw the challenge suspending the administrative procedure substituting the union’s accreditation. On 18 March 2009, the Chamber instructed Ms Selaya Sigüenza to substantiate her legal status in due form, as her term of office as General Secretary of the STECASACV had expired, and to clarify the correct spelling of her first surname, as it differed from the name on the application and the identity document presented. This notification was sent to Ms Selaya Sigüenza on 23 July 2009. Ms Selaya Sigüenza did not comply with the instruction; the court therefore again instructed her on 18 February 2010 to clarify the correct spelling of her first surname, and again she did not do so. Faced with this situation, the Administrative Disputes Chamber asked the National Department for Social Organizations of the Directorate-General for Labour of the Ministry for the address of the STECASACV in order to request it to confirm the withdrawal requested by Ms Iris Corina Selaya Sigüenza. The case is now pending a decision by the Administrative Disputes Chamber of the Supreme Court of Justice, of which the Committee on Freedom of Association will be informed in due time, as the Ministry has not been informed of any decision in the case to date.
4. 48. The Committee takes note of this information. The Committee requests the Government to keep it informed of the ruling handed down by the Administrative Disputes Chamber of the Supreme Court of Justice in regard to accreditation of the ASTECASACV for the collective agreement.