Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 326, Noviembre 2001

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

1. 140. When it last examined this case, which concerns dismissals of trade unionists further to strike action, detention of unionists and acts of violence against strikers, the Committee expressed its profound regret at the inordinately long delays already observed in this matter: five years since the first order for reinstatement (October 1995) of around 1,500 leaders of the Telefunken Semiconductors Employees’ Union (TSEU); and three years since the Supreme Court had issued a decision (December 1997) ordering the immediate reinstatement, without exception, of all the TSEU workers concerned. The Committee urged the Government to guarantee expeditious and effective protection against acts of anti-union discrimination, and insisted that every effort be made to ensure that all these workers be reinstated in their functions.
2. 141. In its communication of 31 May 2001, the Government states that the Supreme Court issued, on 18 December 2000, a decision dismissing the decision of 23 December 1999 and affirming the resolution of 19 April 2000 of the Court of Appeals.
3. 142. The Committee takes note of this communication, observing with regret that the Government merely states that the Supreme Court issued a judgement upholding or reversing the decisions of lower courts, without giving any substantive information on the practical effects of said judgement. On the basis of information at its disposal, the Committee is unable to draw any conclusions on the impact of the Supreme Court’s judgement of 18 December 2000. Noting with deep concern that yet another year has elapsed since the anti-trade union dismissals (September 1995), without any concrete implementation of the initial reinstatement order (issued in October 1995) or of the Supreme Court decision to the same effect (issued in December 1997), the Committee recalls that justice delayed is justice denied and reminds the Government that it is responsible for preventing all acts of anti-union discrimination, and for ensuring that remedies in this respect are rapid and effective. The Committee urges once again the Government rapidly to take appropriate measures to ensure that all TSEU workers dismissed for their participation in strike action in September 1995 be immediately reinstated in their jobs under the same terms and conditions prevailing before the strike, with full compensation for lost jobs and benefits. The Committee requests the Government to keep it informed of developments by providing substantive information.