Interim Report - Report No 372, June 2014

Case No 2896 (El Salvador) - Complaint date: 29-JUL-11 - Follow-up

Allegations: The complainant organizations allege numerous anti-union acts by companies in the telecommunications sector, including manoeuvres to have an industry trade union dissolved, anti-union dismissals and the establishment of a company union controlled by the employer. The complainants also claim that several provisions of El Salvador’s legislation on freedom of association need to be amended

1. 174. The Committee examined this case at its March 2013 meeting, when it presented an interim report to the Governing Body [see 367th Report, paras 651–685, approved by the Governing Body at its 317th Session (March 2013)].
2. 175. At its March 2014 meeting [see 371st Report, para. 6], in the absence of observations from the Government, despite the time that had elapsed since the last examination of the case, the Committee made an urgent appeal to the Government and drew its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session, it could present a report on the substance of the case at its next meeting, even if it had not received the information or observations from the Government in due time. To date, it has not received any information from the Government.
3. 176. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 177. In its previous examination of the case in March 2013, the Committee made the following recommendations on the allegations that remained pending [see 367th Report, para. 685]:
   • (a) The Committee requests the Government to keep it informed of the implementation of the Committee’s recommendations with regard to Case No. 1987, notably that the legislation be amended to remove the excessive formalities that apply to the establishment of trade union organizations and that trade union leaders, Luis Wilfredo Berrios and Gloria Mercedes González, be reinstated in their posts.
   • (b) The Committee requests the Government to take the necessary steps to ensure that SITCOM’s continued existence is not jeopardized for motives that run counter to the principles of freedom of association and to bring the principles concerning dual trade union membership to the attention of the Constitutional Chamber of the Supreme Court. The Committee expects that those principles will be taken into account by the Court and requests the Government to keep it informed of the corresponding ruling handed down. The Committee moreover urges the Government to take the necessary steps to amend section 204 of the Labour Code prohibiting dual union membership.
   • (c) Regarding the suspension by the CTE of the deduction of union dues for workers affiliated to SITCOM, the Committee requests the Government to keep it informed of the outcome of the sanctions procedure that has been initiated and expects the sanctions imposed to be sufficiently dissuasive so that there is no recurrence of this kind of anti union action in future in the company concerned.
   • (d) Regarding the dismissal of trade union officials, Tania Gadalmez and César Leonel Flores, the Committee requests the Government to keep it informed of developments in the sanctions procedure that has been initiated and expects the sanctions imposed to be sufficiently dissuasive so that there is no recurrence of this kind of anti-union action in future in the company concerned.
   • (e) The Committee requests the Government to send it information without delay on the alleged discriminatory dismissal of five trade union officials at Construcciones y Servicios Integrales de Telecomunicaciones S.A. de C.V., a subcontractor, and on the alleged anti-union dismissals at the Atento company.
   • (f) The Committee requests the Government to send it detailed information without delay on the request for a special inspection into the alleged domination of SINTRABATES by the employer, on the outcome of the corresponding court action brought by SITCOM and on the measures taken to amend the legislation as it relates to acts of interference to the detriment of trade unions.
   • (g) The Committee requests the Government to provide it with information on the measures taken, including legislative measures, to provide union officials with effective protection in the event of anti-union discrimination.
   • (h) The Committee invites the Government to consider, in consultation with the social partners, the review of section 622 of the Labour Code which provides that no appeal may be lodged against decisions handed down by a court of second instance.

B. The Committee’s conclusions

1. 178. The Committee regrets that, despite the time elapsed since the presentation of the complaints, the Government has not provided the requested information, even though it was requested to do so through an urgent appeal at its March 2014 meeting. The Committee requests the Government to be more cooperative in the future.
2. 179. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body], the Committee is obliged to present a report on the substance of this case without being able to take account of the information which it had hoped to receive from the Government.
3. 180. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them.
4. 181. The Committee also recalls that the case under examination refers to allegations of numerous anti-union acts by companies in the telecommunications sector, including manoeuvres to bring about the dissolution of a branch union, anti-union dismissals and the establishment of a company union controlled by the employer and that, in addition, the complainants claim that several provisions of El Salvador’s legislation need to be amended to guarantee more effective protection of freedom of association.
5. 182. The Committee underlines the seriousness of these allegations, and again regrets that the Government has not sent the requested observations and information. It therefore reiterates the recommendations it made at its March 2013 meeting.

The Committee’s recommendations

1. 183. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time elapsed since its last examination of the case in March 2013, the Government has not provided the requested information and observations, even though it was requested to do so through an urgent appeal.
   • (b) The Committee again requests the Government to keep it informed of the implementation of the Committee’s recommendations with regard to Case No. 1987, notably that the legislation be amended to remove the excessive formalities that apply to the establishment of trade union organizations and that trade union leaders, Luis Wilfredo Berrios and Gloria Mercedes González, be reinstated in their posts.
   • (c) The Committee once again requests the Government to take the necessary steps to ensure that SITCOM’s continued existence is not jeopardized for motives that run counter to the principles of freedom of association and to bring the principles concerning dual trade union membership to the attention of the Constitutional Chamber of the Supreme Court. The Committee expects that those principles will be taken into account by the Court and requests the Government to keep it informed of the corresponding ruling handed down. The Committee moreover urges the Government to take the necessary steps to amend section 204 of the Labour Code prohibiting dual union membership.
   • (d) Regarding the suspension by the CTE of the deduction of union dues for workers affiliated to SITCOM, the Committee once again requests the Government to keep it informed of the outcome of the sanctions procedure that has been initiated and expects the sanctions imposed to be sufficiently dissuasive so that there is no recurrence of this kind of anti-union action in future in the company concerned.
   • (e) Regarding the dismissal of trade union officials, Tania Gadalmez and César Leonel Flores, the Committee once again requests the Government to keep it informed of developments in the sanctions procedure that has been initiated and expects the sanctions imposed to be sufficiently dissuasive so that there is no recurrence of this kind of anti-union action in future in the company concerned.
   • (f) The Committee once again requests the Government to send it information without delay on the alleged discriminatory dismissal of five trade union officials at Construcciones y Servicios Integrales de Telecomunicaciones SA de CV, a subcontractor, and on the alleged anti-union dismissals at the Atento company.
   • (g) The Committee again requests the Government to send it detailed information without delay on the request for a special inspection into the alleged domination of SINTRABATES by the employer, on the outcome of the corresponding court action brought by SITCOM and on the measures taken to amend the legislation as it relates to acts of interference to the detriment of trade unions.
   • (h) The Committee once again requests the Government to provide it with information on the measures taken, including legislative measures, to provide union officials with effective protection in the event of anti-union discrimination.
   • (i) The Committee once again invites the Government to consider, in consultation with the social partners, the review of section 622 of the Labour Code which provides that no appeal may be lodged against decisions handed down by a court of second instance.