Report in which the committee requests to be kept informed of development - Report No 353, March 2009

Case No 2624 (Peru) - Complaint date: 18-DEC-07 - Closed

Allegations: Dismissal of 226 workers after setting up a trade union in the Municipality of Miraflores

1. 1232. The complaint is contained in a communication from the National Federation of Public Workers of Peru (FENAOMP) dated 18 December 2007. The Government sent its observations in communications dated 26 and 30 May 2008.
2. 1233. Peru has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 1234. In its communication of 18 December 2007, the FENAOMP alleges that on 1 December 2007, the mayor of the municipality of Miraflores carried out the mass arbitrary dismissal of 226 workers (a list of names is provided) for setting up the Single Union of Workers of the municipality of Miraflores (SITRAOCMUN). The union was formally established on 25 September 2007 and the municipal authorities were informed of this on 23 November 2007. The workers in question were hired to work in areas including street sweeping, refuse collection and park maintenance for average periods of eight years. The complainant organization has provided a copy of a letter addressed to the mayor dated 28 November 2007 claiming that some municipal officials had harassed members of the union and threatened them with dismissal for setting up the trade union.

B. The Government’s reply

1. 1235. In its communications of 26 and 30 May 2008, the Government indicates that the complainant organization comprises 39 affiliated trade unions which do not, however, include SUTRAOCMUN. The latter was officially recognized by the Ministry of Labour on 21 November 2007.
2. 1236. The Government adds that administrative proceedings were initiated at the Ministry of Labour on a list of claims put forward by SUTRAOCMUN for 2007, but were suspended on 15 October 2007 because another collective agreement, dated 6 July 2007, had already been registered in the municipality of Miraflores. There are no proceedings relating to alleged anti-union practices or violations of the trade union rights of the union in question, and there has therefore been no inspection.
3. 1237. The Government states that it will nevertheless ensure that inspections are carried out in connection with the complaint presented to the ILO, and that it will inform the Freedom of Association Committee of the outcome.
4. 1238. The Government communicates the position of the municipality of Miraflores, which is as follows:
   • – The complaint is based on inaccurate claims, which can be seen from the fact that the municipal administration has not been summonsed in connection with any administrative proceedings before the labour administration authority under the Productivity and Competitiveness Act (if that situation had arisen, it would have necessitated some form of response by SUTRAOCMUN).
   • – Specifically, what has occurred in the view of the local authorities is that the fixedterm employment contracts of the workers concerned expired, with the result that their employment with the municipality came to an end (copies of the employment contracts of the workers in question are supplied).
   • – It is therefore not the case that these 226 workers were dismissed because they formed the trade union SUTRAOCMUN, since other unions operate within the municipal corporation and collective talks have already been held with them.
   • – The labour rights of the 226 former workers have been respected as regard their social benefits and other entitlements due to them under labour legislation; with regard to the substance of the complaint to the ILO, no trade union rights have been infringed, and what in fact occurred was the normal termination of employment resulting from the expiry of the fixed-term employment contracts in question.

C. The Committee’s conclusions

1. 1239. The Committee notes that the complaint concerns the dismissal of 226 workers two months after the establishment of the Single Union of Workers of the Municipality of Miraflores (SUTRAOCMUN). Some members of that union, according to the allegations, were harassed and threatened with dismissal for setting up the union.
2. 1240. The Committee notes the Government’s statement to the effect that the trade union in question is not affiliated to the complainant organization. The Committee nevertheless considers that the complainant federation has a direct interest in this case inasmuch as 39 public workers’ organizations are affiliated to it, and its complaint must therefore be deemed admissible, given in particular the fact that the complainant federation has a general interest in the terms and conditions enjoyed by public workers and SITRAOCMUN is unlikely to be able to defend its members’ interests effectively after their employment has been terminated.
3. 1241. As regards the dismissal of 226 workers, the Committee takes note of the Government’s statements to the effect that the union has not presented any complaint of violation of trade union rights. The Committee notes the statements of the municipality of Miraflores in which it: (1) denies that the dismissals were connected with the establishment of the union, and indicates that other trade unions (which have concluded collective agreements) operate in the municipality; (2) emphasizes that the version of events presented by the complainant is inaccurate, and that what actually happened was that the fixed-term employment contracts in question expired; (3) the 226 former workers have received all their social benefits and other entitlements provided for by the law in cases of termination; and (4) the employment contracts (copies are supplied by the municipal authorities) are for a period of one year.
4. 1242. While noting that the workers whose employment contracts were not renewed have received the statutory benefits and entitlements that apply on termination of employment, the Committee notes that the Government has ordered an inspection in the municipality of Miraflores following the presentation of the complaint to the ILO, and requests the Government to keep it informed of the outcome.

The Committee's recommendations

1. 1243. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to keep it informed of the outcome of the labour inspection that has been ordered following the presentation of this complaint.