Effect given to the recommendations of the committee and the Governing Body - Report No 383, October 2017

Case No 3040 (Guatemala) - Complaint date: 24-JUN-13 - Follow-up

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

1. 47. The Committee last examined this case at its October 2015 meeting [see 376th Report, paras 472–487]. On that occasion, the Committee requested the Government to provide a copy of the agreement approved by the Supreme Court of Justice that guarantees that the criminal courts and the justices of the peace receive applications regarding collective labour rights on weekends and public holidays, in order to ensure due diligence in the examination of complaints. The Committee additionally requested the complainant to indicate whether all the union-affiliated workers of the Koa Modas company whose reinstatement had been ordered by the courts had in fact been reinstated.
2. 48. In its two communications dated 31 January and 7 February 2017, the Government refers to the report of the Committee for the Settlement of Disputes before the ILO in the Area of Freedom of Association and Collective Bargaining (hereinafter “the Committee for the Settlement of Disputes”). The report mentions that, during the mediation sessions it held to discuss the dismissals of unionized workers, a schedule for their reinstatement was proposed. This has been carried out satisfactorily by the employer, given that the 42 dismissed workers were reinstated. However, the Committee for the Settlement of Disputes indicates that payment of salaries due to the reinstated workers is still pending. The Committee also notes the information provided by the Committee for the Settlement of Disputes, which states that, on 25 August 2015, it had met with Ms Verónica García and Mr Randolfo Rojas Zetino, judges of the Supreme Court Chamber for the Protection of Rights (amparo) and Preliminary Hearings (antejuicio), to discuss the issue of the refusal of some courts to hear class actions involving economic and social matters during non-working days and hours, and that, on 7 September 2015, Agreement No. 24-2015 of the Supreme Court of Justice came into effect, a copy of which is attached.
3. 49. The Committee takes note with satisfaction the information provided by the Government concerning the agreement of the Supreme Court of Justice that allows the judiciary to receive applications regarding collective labour rights during weekends. The Committee also takes due note that all the union-affiliated workers whose reinstatement had been ordered by the courts were in fact reinstated. Regretting, however, that, more than four years after the dismissals, the salaries due to the reinstated workers have still not been paid, the Committee urges the Government to take the necessary measures to ensure that those payments are made as soon as possible. The Committee requests the Government to keep it informed in this regard.