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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
- 106. At its June 2007 meeting, after observing that the question of reinstating a large number of officials dismissed by Baterías de El Salvador, on account of the establishment of a trade union, no longer arose in this case (according to the Government, the entire workforce still employed by the enterprise agreed to terminate their contracts of employment subject to the payment of their statutory benefits and to be transferred to ten different enterprises), the Committee made the following recommendation [see the 346th Report, para. 963]:
- Deploring the serious anti-union nature of the dismissals of trade unionists of the SITRAEBES, the Committee requests the Government to inform it of any administrative or judicial sanctions imposed on the Baterías de El Salvador enterprise for violating the trade union rights enshrined in the legislation, as noted by the labour inspectorate, to indicate whether the Attorney-General’s Office has been notified of the facts, as requested by the complainants, to keep it informed in this respect, and to confirm that all the dismissed trade unionists have been paid their statutory dismissal compensation.
- 107. In its communication dated 31 August 2007, the Government states that three proceedings to impose a fine are currently before the Labour Inspectorate; consequently, if the employer does not prove the inaccuracy, falseness or impartiality of the facts listed in the inspection reports, in the exercise of its right of audience, it will be fined accordingly.
- 108. With regard to whether the Attorney-General’s Office has been notified of the facts, as requested by the complainants, the Government indicates that the Penal Code, more specifically section 246 on labour discrimination, states that: “Any person guilty of serious discrimination in respect of employment on the grounds of sex, pregnancy, origin, civil status, race, class, physical condition, religious or political ideas, membership or non-membership of trade unions and acceptance or otherwise of union agreements, and family ties with other workers at the enterprise, and who does not restore conditions of equality before the law, once requirements or administrative sanctions have been imposed, by paying the corresponding compensation, shall be punished with a prison sentence of six months to two years.” In this regard, and from a legal standpoint, the rules of procedure for dealing with an offence of labour discrimination and providing notification are applicable if administrative proceedings have not restored conditions of equality before the law, once requirements or administrative sanctions have been imposed, through the payment of the corresponding compensation. In this regard, in this case, the proceedings to impose a fine are still under way, and legal steps have not therefore been taken to notify the Attorney-General’s Office.
- 109. The Committee notes the statements made by the Government. The Committee deeply regrets that the three proceedings to impose a fine in relation to the dismissal of a large number of union officials from Baterías de El Salvador have not been concluded, despite the fact that this complaint was presented to the Committee in August 2006, and hopes that the administrative procedures will be concluded without delay. The Committee requests the Government to keep it informed in this regard. The Committee notes the Government’s statement that only once proceedings to impose a fine have been concluded can notification be given to the Attorney-General’s Office as to whether the situation requires the implementation of the penal sanctions provided for in section 246 referred to by the Government. The Committee requests the Government to keep it informed in this regard.
