48
appropriate measures be taken and resources made available for the protection of the workers’
representatives. (supra, para. 126).216
149. In correlation to the above, it can be understood that, in the private sphere, the state
obligation to protect the right to job security results, in principle, in the following duties: (a) to
adopt the appropriate measures for the due regulation and monitoring 217 of this right; (b) to
protect the workers against unjustified dismissal through its competent organs; (c) in case of
unjustified dismissal, to rectify the situation (either by reinstatement or, if appropriate, by
compensation and other social benefits established in domestic law). Consequently, (d) the State
should provide effective grievance mechanisms in cases of unjustified dismissal, to ensure access
to justice and the effective judicial protection of such rights (infra, paras. 174, 176 and 180).
150. It should be noted that job security does not consist in an unrestricted permanence in the
post; but rather, to respect this right, among other measures, by granting due guarantees of
protection to the worker so that, if he or she is dismissed this is with justification, which means
that the employer must provide sufficient reasons to impose this sanction with the due
guarantees, and that the worker may appeal this decision before the domestic authorities, who
must verify that the justification given is not arbitrary or unlawful.
151. In this specific case, Mr. Lagos del Campo had been employed by the aforementioned
company as a manual worker for approximately 13 years and, at the time of the facts, he was
president of the Electoral Committee of the company’s Industrial Community and the delegate to
CONACI. Based on statements made during an interview published in “La Razón” in the context
of internal elections, Mr. Lagos del Campo was dismissed for having committed a serious verbal
offense against his employer. He contested this decision before the competent organs, but it was
ratified in second instance, considering that he had been dismissed for a justified reason. He
appealed this decision before various domestic instances, without finding protection, particularly
for his right to job security, alleging that the reasons for his dismissal were unjustified or
unwarranted and that due process had been violated. That is to say, in light of the arbitrary
dismissal by the company (supra, para. 132) the State failed to adopt adequate measures to
protect the violation of the right to work by third parties. Thus, Mr. Lagos del Campo was not
reinstated in his job and did not receive any compensation or the corresponding benefits.
152. Consequently, Mr. Lagos del Campo lost his job, the possibility of a retirement pension,
and also the exercise of his rights as a workers’ representative. This also had an impact on his
on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective
agreements or other jointly agreed arrangements. Paragraph 6: (1) Where there are not sufficient relevant protective
measures applicable to workers in general, specific measures should be taken to ensure effective protection of workers'
representatives. (2) These might include such measures as the following: (a) detailed and precise definition of the reasons
justifying termination of employment of workers' representatives; (b) a requirement of consultation with, an advisory
opinion from, or agreement of an independent body, public or private, or a joint body, before the dismissal of a workers'
representative becomes final; (c) a special recourse procedure open to workers' representatives who consider that their
employment has been unjustifiably terminated, or that they have been subjected to an unfavourable change in their
conditions of employment or to unfair treatment; (d) in respect of the unjustified termination of employment of workers'
representatives, provision for an effective remedy which, unless this is contrary to basic principles of the law of the country
concerned, should include the reinstatement of such representatives in their job, with payment of unpaid wages and with
maintenance of their acquired rights; (e) provision for laying upon the employer, in the case of any alleged discriminatory
dismissal or unfavourable change in the conditions of employment of a workers' representative, the burden of proving
that such action was justified; (f) recognition of a priority to be given to workers' representatives with regard to their
retention in employment in case of reduction of the workforce.
Also, the United Nations General Assembly adopted Agenda 2030, which includes 17 Sustainable Development
Goals and 169 targets to benefit people, the planet and prosperity. In particular, Goal 8 promotes sustained, inclusive
and sustainable economic growth, full and productive employment and decent work for all. Targets 8.5 and 8.8 are
addressed at protecting workers’ rights and promoting a safe and secure working environment.
216
Mutatis mutandis, Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Serie C No. 149, para. 99; Case
of Suárez Peralta v. Ecuador, supra, para. 133, and Case of the Kaliña and Lokono Peoples v. Suriname. Merits, reparations
and costs. Judgment of November 25, 2015, Serie C No. 309, para. 216.
217