2010 Annual Survey of violations of trade union rights – Paraguay

Population: 6,300,000
Capital: Asunción
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Social dialogue has been strengthened under the government of President Lugo. Rights violations and anti-union practices remain commonplace, however, both in the private and public sectors, as seen at Frigorífico Neuland Ltda and in the civil aviation industry. The labour legislation does not promote trade union activities.

Trade union rights in law

Despite initial guarantees, a number of restrictions apply to trade union rights. The Constitution allows both private and public sector workers to form and join unions. However, the procedures for registering a union are cumbersome, and an inordinate 300 workers are needed to form an industrial union. Employers can also file a writ opposing the registration of a union. Furthermore, members of a union must belong to the respective occupation, and candidates for trade union office must work in the company and be active members of the union. Workers may not be members of more than one union either. Union activities are also restricted by the requirement that trade unions comply with all requests for consultations or reports from the labour authorities. While the law protects workers against anti-union discrimination, there are few genuinely dissuasive sanctions and the labour courts are not obliged to order the reinstatement of unfairly dismissed trade unionists.

Finally, the right to strike is guaranteed in law, but all strikes must be directly and exclusively linked to the workers’ occupational interests.

Trade union rights in practice and violations in 2009

Background: President Fernando Lugo of the Patriotic Alliance for Change came to power at the end of 2008, ending the 61 year rule of the Colorado Party. During 2009, Lugo was faced with a country in need of urgent policies to combat poverty, to fight corruption within the public administration, to stimulate productivity and address the needs in the areas of health, education, housing and social security, as well as to ensure the application of trade union rights and freedoms.

The national workers’ confederation, Confederación Nacional de Trabajadores (CNT), and other representatives of the Paraguayan trade union movement welcomed many of the measures adopted by the government and urged it to ensure compliance with human rights, labour laws and ILO Conventions.

Serious trade union rights violations at Cooperativa Frigorífico Neuland Ltda: On 18 March, the police of Villa Hayes, capital of the Presidente Hayes department, arrested six trade unionists for taking part in a strike at the meat production cooperative, Cooperativa Frigorífico Neuland Ltda. The workers were demanding that the company reinstate the 25 workers dismissed following the formation of a union on 14 February. They were also calling on the company to stop its persecution of other trade union members and leaders.

Union bashing at national civil aviation administration, DINAC: In October 2009, the national civil aviation administration, DINAC, launched a campaign of anti-union practices against the leaders and members of the DINAC employees and workers’ union, Sindicato de Empleados y Obreros de la Dinac, SEODINAC. The management threatened to sack the trade unionists, ordered arbitrary transfers, and refused to pay the bonuses that form part of the salaries of over 1,380 workers spread across the country. It also promoted the formation of yellow unions, which would allow it to make mass dismissals and to privatise the industry. The trade union movement called on the heads of DINAC to respect the right to freedom of association, collective bargaining, trade union stability, and to fulfil the commitments made by the government of President Lugo.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec5f28&skip=0&coi=PRY&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Paraguay

Population: 6,831,306
Capital: Asunción
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

The new administration of President Fernando Lugo has given rise to a new relationship between the unions and the government. There have, however, been major conflicts of interest over what the workers consider to be threats to collective agreements in the public sector as well as over the government’s drive to overhaul its administrative staff in a bid to root the presence of the Colorado Party out of the state apparatus. Little improvement has been seen in the private sector, where there has been no letup in the policy of disrespect and exclusion.

Trade union rights in law

Freedom of association – many restrictions: The Constitution allows both private and public sector workers to form and join unions. Article 289 of the Labour Code stipulates that “workers cannot form company unions if they have less than 20 members or union committees if they have less than 30 members”. Workers may not be members of more than one union. Candidates for trade union office must work in the company and be active members of the union. All unions must be registered with the Ministry of Justice and Labour, and the procedures are cumbersome. Employers can file a writ opposing the registration of a union.

Collective bargaining: The law provides for collective bargaining and prohibits anti-union discrimination, however there are few genuinely dissuasive sanctions and the labour courts are not obliged to demand the reinstatement of unfairly dismissed trade unionists.

Right to strike: The Constitution provides for the right to strike, but strikes can only be called for the sole purpose of directly and exclusively protecting workers’ occupational interests. A minimum service must be ensured in the event of a strike in essential public services. Article 353 of the Labour Code sets so many prerequisites that it is very difficult to meet them all, and employers use these requirements to declare strikes illegal and sack the strikers.

No progress with legal reforms: The government has failed to act on ILO recommendations to amend legal provisions that fail to comply with the Conventions on freedom of association and collective bargaining.

Trade union rights in practice and violations in 2008

Background: Although the coming to power of President Fernando Lugo’s government has created a climate of dialogue and cooperation with the workers, an atmosphere of persistent tension permeated the public sector as a result of dismissals, the non-payment of wages, health cover issues and other problems. The unions denounced attempts to make mass dismissals. Representatives of the national trade union centres, the Confederación Nacional de Trabajadores (CONAT), Central Paraguaya de Trabajadores (CTP), Central General de Trabajadores (CGT), Central Unitaria de Trabajadores (CUT) and the Central Unitaria de Trabajadores-Auténtica (CUT-A), insisted on the need to ensure respect for human rights, national labour laws and the ILO conventions.

Unionised workers dismissed from private company: In October, unionised workers at the Casino de Asunción Worest (managed by SES S.A.) filed a complaint with the Justice, Labour and Social Security Committee of the Parliament over the dismissal of four union representatives and five members following the formation of a company union. A strike was called in support of the demand for the workers’ reinstatement, as well as claims related to working conditions, bonus payments and unpaid social security contributions.

Workers dismissed in spite of trade union protection rights: In September, workers affiliated to the security guards’ union, Sindicato Nacional de Trabajadores Guardias de Seguridad y Afines del Paraguay, demonstrated against their employer, Sevipar S.A., distributing pamphlets at the gates of the various companies subcontracting its security services, in protest at the dismissal of two employees with trade union protection rights. The unionists also denounced the fact that the company is in breach of the labour law, as it only pays one section of workers the minimum wage, does not fulfil its social security obligations and shows no respect for the right to freedom of association.

BBVA presses for derecognition of union: In June, the bank workers’ federation, Federación de Trabajadores Bancarios (Fetraban), denounced attempts by the Paraguayan subsidiary of Banco Bilbao Vizcaya Argentaria (BBVA) to attack freedom of association. The complaint was lodged with the Ministry of Justice and Labour, as well as various international organisations. Vicente Bogliolo, the bank’s chief executive officer, reiterated the institution’s commitment to national and international labour laws, at the same time, however, as submitting a request to the Ministry of Justice and Labour for the derecognition of the union, arguing that the organisation no longer had the required number of members.

Persecution of nursing union leader: Aurelia Villamayor, General Secretary of the nursing union, Sindicato de Enfermería del Hospital Nacional (SEHN), was excluded in May from the guard duty staff in the outpatient department. The union reported a number of other incidents such as a raid on the nursing union’s office in February and the confiscation of documents required for the everyday running of the trade union organisation.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cad028&skip=0&coi=PRY&querysi=trade&searchin=title&display=10&sort=date