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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 125. The Committee last examined this case at its June 2018 meeting, when
it made the following recommendations [see 386th Report, para. 552]:
- (a) The Committee requests the Government to take the necessary
steps to investigate the alleged anti-union motives for the mass dismissals and to
keep it informed in this respect, and particularly with regard to the outcome of the
judicial proceedings under way, and to send copies of the respective
rulings.
- (b) The Committee requests the Government to take
the necessary steps to promote within the binational entity: (i) collective
negotiation in good faith on conditions of work; and (ii) social dialogue and
consultation between the parties to address any issues that are still pending,
including with regard to the internal regulations of the binational entity, in the
light of the principles of freedom of association and collective bargaining. The
Committee requests the Government to keep it informed in this respect.
- (c) The Committee requests the Government to seek information from
the employers’ organization concerned, so that the Committee may be apprised of its
views and those of the binational entity.
- 126. In a communication dated 7 January 2020, the Government provided the
following information in respect of the Committee’s recommendations, which convey the
point of view of the binational employer entity:
- (i) with regard to the alleged
anti-union dismissals and judicial proceedings, the binational entity states that no
proceedings have been brought against it and, consequently, no convictions or
reinstatement orders have been issued – the requested rulings cannot be sent as they
do not exist;
- (ii) the collective agreement negotiations were concluded on
28 June 2012 (8 August 2013), and consequently, at the time of the alleged events
(and also currently), no collective bargaining process was under way;
- (iii)
the binational entity is governed by special international legislation and not by
the provisions of article 350 et seq. of the Labour Code and, in this context, the
executive council of the entity is responsible for drafting the staff regulations
and its administrative council for endorsing them;
- (iv) the trade union
leaders mentioned in the complaint were not entitled to trade union immunity as
negotiators of a collective agreement in 2013, as the negotiations had concluded in
June 2012 – the certificates of trade union immunity issued in 2013 were
consequently cancelled, as they had been wrongfully issued (this was established by
way of Ministry of Labour decisions dated 18 September 2014 and 30 January
2015);
- (v) a total of 14 trade unions are registered in the binational
entity and the guarantees of freedom of association are respected; and
- (vi)
the Yacyretá Binational Entity Employees’ Union (SEMEBY) is currently inactive and
the mandate of its general secretary expired on 29 October 2014.
- 127. Under these circumstances, having taken due note of the information
submitted by the Government, observing that the complainant organization (the Single
Confederation of Workers of Paraguay) has not provided any further information, and
trusting that the necessary measures will be taken to continue to promote collective
bargaining and social dialogue in the binational entity in the light of the principles
of freedom of association and collective bargaining, the Committee considers this case
closed and will not pursue its examination.
