5
8.
That the Court expresses its satisfaction over the usefulness of the hearing
held in order to monitor compliance with the outstanding paragraphs in the instant
case.
*
*
9.
*
That, regarding the outstanding reparations, the State asserted that:
i) the aggregate amount of the reparations is of thirty-two million four
hundred fifteen thousand United States dollars (US$ 32,415,000.00); that so
far it paid out several items of the Judgment amounting to eleven million four
hundred fifteen thousand United States dollars (US$ 11,415,000.00), and that
the remaining amount to fully comply with the Judgment is of twenty-one
million United States dollars (US$ 21,000,000.00).
ii) in determining the amount of twenty-one million United States dollars
(US$21,000,000.00) the following criteria were used:
1. the months running from dismissal date and reinstatement under
similar conditions in the public sector or death;
2. the higher monthly salary (most favorable for the worker) between
the average monthly salary of the last six months and the last
monthly salary, as set forth in the Labor Code;
3. the salary certificates issued by the Social Security Fund to
determine the monthly salary;
4. in calculating interest, a 10% yearly rate was applied and, for
surcharges, 10% of the benefits, as set forth in the Labor Code;
and
5. interest calculations were made for reinstated workers under
similar conditions up to December 31, 2001 and for those who
were not reinstated as of December 31, 2006.
iii)
regarding the legal criteria used and the discrepancies expressed by
the representatives, the State, among other considerations, referred to the
amendment to the Labor Code by Law 44 of 1995, which prescribes that in
the lawsuits instituted before its effective date up to 5 months of unpaid
salaries would be recognized, while in subsequent lawsuits, only 3 months of
unpaid salaries would be recognized. It added that the law referred to by the
representatives regarding unpaid salaries has been repealed and that the
State should only apply in force legislation. However, the State reported that
in the instant case 180 and 190 months of unpaid salaries were recognized,
plus 10% interest and surcharges; it highlighted that such interest is not
currently prescribed in any legislation worldwide. It also stated that it did not