Effect given to the recommendations of the committee and the Governing Body - Report No 351, November 2008

Case No 2559 (Peru) - Complaint date: 26-MAR-07 - Closed

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

1. 161. At its meeting in June 2008, the Committee noted that union official Mr Roger Augusto Rivera Gamarra (whose reinstatement had been ordered by a ruling of the Supreme Court of Justice dated 13 September 2007) was reinstated in the National Institute for Agricultural Research on 18 January 2008 and that the planned budget item is due to include the payment of the outstanding wages, in accordance with the ruling of the Supreme Court [see 350th Report, paras 157–159].
2. 162. In its communication dated 11 July 2008, the Union of Agricultural Public Sector Workers (SUTSA), the complainant organization, alleges that, although union official Mr Roger Augusto Rivera Gamarra has been reinstated in his post, he has unfortunately not been paid his outstanding wages for 2004, 2005, 2006, 2007 and the months of January, February, March and April 2008.
3. 163. In its communication dated 30 May 2008, the Government states that, by letter
4. No. 228-2008-MTPE/9.1, dated 11 March 2008, it submitted report No. 13-2008-MTPE/9.120, indicating that the Minister of Labour had been informed by letter
5. No. 107-2008-INIA-OGAJ/DG, dated 27 February 2008, that on 18 January 2008 the First Civil Court of Huaral had carried out the reinstatement of Mr Roger Augusto Rivera Gamarra in the post he had occupied in the Donoso Experimental Facility (Huaral), under the provisions of Legislative Decree No. 276. That measure was executed by the National Institute for Agricultural Research by transferring a vacant post from the San Roque-Iquitos Experimental Facility to the Donoso Experimental Facility, since the Economic and Financial Office had refused the request for a budgetary increase in this facility during the fiscal year 2007–08. In a communication of 10 September 2008, the Government indicates that it was informed that by Decision No. 529/2008-INIA-OGA No. 154/ORH dated 10 March 2008, the Director-General of the Administrative Office of the National Institute for Agricultural Research requested the budgetary transfer of 29,594 new soles for the payment of the remuneration in favour of Mr Roger Augusto Rivera Gamarra (the worker reinstated in his post in January following the court ruling relating to the present case in the DONOSO Experimental Facility (Huaral) under the provisions of Legislative Decree No. 276) during the current fiscal year. Moreover, through Decision No. 605/2008-INIA-OGA No. 172/ORH-SUBP dated 19 March of the current year, a budgetary extension was requested in order to give effect to the judicial ruling which ordered the payment of wages due to the complainant for the time that he was out of work from the DONOSO Experimental Facility (Huaral). In its communication of 17 October 2008, the Government sends proof of payment of the wages due to Mr Rivera Gamarra following his reinstatement in his post; these wages include salaries and benefits for 2008 (but not before).
6. 164. The Committee takes note of this information and trusts that union official Mr Roger Augusto Rivera Gamarra is paid his outstanding wages, in accordance with the ruling of the Supreme Court.