Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

The Committee notes the information supplied by the Government to the Committee on Freedom of Association relating to Case No. 1796 (306th report, paragraph 503, approved by the Governing Body at its 268th Session, March 1997), and recalls that its previous comments referred to several provisions of the Industrial Relations Act of 1992 and its Regulations, namely:

-- denial of trade union membership during the work probation period (section 12(c) of the Act);

-- the requirement of a high number of workers (100) to form trade unions by branch of activity, occupation, or for various occupations (section 14);

-- the requirement that, in order to be eligible for trade union office (section 24), workers must be active members of the union (section 24(b)), and must have been in the service of the enterprise for at least one year (section 24(c));

-- the ban placed on trade unions from engaging in political activities (section 11(a));

-- the excessive restrictions on the right to strike, in particular sections 73(a) and (b), 67 and 83(g) and (j);

-- the obligation placed on trade unions to compile the reports which may be requested from them by the labour authorities (section 10(f));

-- the power of the labour authority to cancel the registration of a union (section 20 of the Act), and the requirement that the union must wait six months after the cause of the cancellation has been remedied before reapplying for registration (section 24 of the Regulations);

-- the prohibition placed on public servants' federations and confederations from affiliating with organizations that represent other categories of workers (section 19 of Presidential Decree No. 003-82-PCM).

The Committee notes that the Chairman of the Labour and Social Security Committee of the National Congress has drafted an Industrial Relations Bill. The Committee notes with interest that the Bill amends most of the above provisions to take account of the Committee's comments:

-- section 12(c) of the Act, denying trade union membership during the work probation period is deleted;

-- under section 7 of the Bill, the number of workers required to form trade unions by branch of activity, occupation, or for various occupations (section 14 of the Act) is reduced from 100 to 50;

-- the requirements that, to be eligible for trade union office (section 24 of the Act), workers must be active members of the union (section 24(b)) and must have been in the service of the enterprise for at least one year (section 24(c)) are abolished;

-- as for the ban placed on trade unions from engaging in political activities (section 11(b) of the Act), section 12(a) of the Bill improves the text by adding "without impairment of freedom of opinion as to the social and economic policy of the Government" thus removing the restriction of the right to strike established in section 73(a) of the Act;

-- section 67 of the Act, concerning compulsory arbitration in public services, is deleted; as for section 83(g) of the Act, regarding the treatment of transport as an essential public service, section 80(g) of the Bill limits the application of the law to the simple requirement of finishing the journey begun; section 83(j) of the Act concerning the treatment as essential public services those services whose interruption creates a serious or imminent risk for persons or goods, is deleted;

-- the labour authority's supervision of trade union activities (section 10(f) of the Act) is abolished; and

-- the power of the labour authority to cancel the registration of a union (section 20 of the Act) is abolished.

However, the Bill has not taken account of some of the Committee's comments and contains provisions which might give rise to difficulties in complying with the Convention, namely:

-- the restrictions on the right to strike constituted by the requirement that the decision must be adopted by an absolute majority of the workers (sections 74(b)(i) and 75 of the Bill); and in particular the requirement that the strike declaration be communicated to the employer and the labour authority together with the record of the vote with the names and signatures of the workers attending (74(c)(i));

-- the Bill does not envisage the possibility of federations and confederations of public servants becoming affiliated to confederations which also include private sector organizations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 193).

The Committee expresses the firm hope that the Industrial Relations Bill will take account of all the Committee's comments and that it will be adopted in the very near future. The Committee asks the Government to provide information in its next report on progress made in this respect and to send a copy of the text once it has been adopted.

The Committee is also addressing a direct request to the Government.