Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 329, Noviembre 2002

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

1. 103. The Committee last examined this case, relating, in particular, to anti-union dismissals, at its June 2000 meeting [see 321st Report, paras. 42-50]. On that occasion, the Committee, after having noted that the workers who had accepted settlements could not be reinstated as the matter had been resolved once and for all, made the following conclusions and recommendations:
   • The Committee regrets that the Government has not interceded on behalf of the 367 dismissed workers and recalls the principle that it would not appear that sufficient protection against acts of anti-union discrimination, as set out in Convention No. 98, is granted by legislation in cases where employers can, in practice, on condition that they pay the compensation prescribed by law for cases of unjustified dismissal, dismiss any worker, if the true reason is the worker’s trade union membership or activities.
2. 104. In a communication dated 6 June 2002, the Government sent the ruling of the Appeals Court, Managua District, Labour Division, dated 17 May 2002. By virtue of this, the Nicaraguan Telecommunications Company (ENTEL) shall reinstate, within three days of notification of the decision to the plaintiffs, Plácido H. Rojas Vílchez, Mario Rafael Malespín Martínez (who had trade union privileges) and Yarbín José Roa Vallejos in the same positions that they held and in identical working conditions, with the corresponding payment of the usual salaries owing to each one of them from the date of their dismissal until their reinstatement. The plaintiffs shall collect the social allowances and benefits to which they are entitled, in accordance with the law and the collective labour agreement in force.
3. 105. The Committee notes this information and repeats once again the principle mentioned in its previous conclusions and recommendations.