Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

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

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

1. 183. The Committee last examined this case concerning allegations of the dismissal of 226 workers following the setting up of a trade union at its March 2009 meeting [see 353rd Report, paras 1232 –1243]. On that occasion, the Committee noted that workers whose contracts were not renewed have received the statutory benefits deriving from the termination of their employment and that the Government has ordered an inspection in the municipality of Miraflores following the presentation of the complaint to the ILO. The Committee requested the Government to keep it informed of the outcome of the labour inspection that was ordered following the presentation of this complaint.
2. 184. In a communication of 16 January 2009, the Government reports that on 9 June 2008 the Regional Directorate of Labour and Employment Promotion of Lima-Callao, in communication No. 1874-2008-MTPE/2/12.1 indicated, with reference to communication No. 457-2008-MTPE/9.1 (requesting the labour inspectorate to undertake an inspection of the municipality of Miraflores with a view to investigating the matters covered by this complaint), that the Single Union of Workers of the Municipality of Miraflores (SUTRAOCMUN) reported acts of harassment and the failure to comply with labour provisions, as well as the violation of the collective rights of the members of the union. In this context, the Directorate of Labour Inspection of Lima, under the terms of inspection order No. 1731-2008-MTPE/2/12.3 of 31 January 2008, undertook an inspection relating to the matters denounced by the union, the findings of which are set out in notice of infraction No. 1045-2008-MTPE/2/12.3 of 14 March 2008 which: (i) indicates that the employer failed to assist in the inspection procedure, which is a very serious violation of the function of inspection, taking into account the fact that the entity to be inspected was duly notified by the labour inspector, Ms Rosario Guerrero Altamirano, for which the penalty is set at 81 per cent of 11 tax units (UITs), amounting to the sum of 31,185 new soles; and (ii) reports the finding of the inspection that the employer had committed acts infringing the freedom of association of the 226 workers dismissed by the Municipality of Miraflores, with the recommendation of the application of the penalty of 81 per cent of 11 UITs, amounting to the sum of 31,185 new soles.
3. 185. Subsequently, taking into account the notice of contravention referred to above, the first subdirectorate of labour inspection of the Ministry of Labour and Employment Promotion issued resolution No. 1130-2008-MTPE/2/12.310 of 26 August 2008 under the terms of which:
   • - firstly, in relation to the anti-union acts against the 226 workers concerned, the administrative labour authority refuses to rule on the matter as it is subject to judicial proceedings since, in view of the requirement set out in the consolidated text (TUO) of the Organic Act on the Judiciary, where proceedings are pending before the judicial authorities, the labour authorities shall refrain from issuing an opinion on the matter, as to do otherwise would mean that any officials who did not comply with this provision might be held liable;
   • - secondly, with regard to the employer’s failure to assist in the inspection procedure, it should be noted that the administrative labour authority decided to apply the penalty proposed in the notice of infraction, that is 81 per cent of 11 UITs, amounting to the sum of 31,185 new soles.
4. 186. The Government emphasizes that the administrative labour authority carried out its functions in compliance with the labour legislation, opting for the action established by the law for such cases. Moreover, in relation to the issue that is before the courts, the judicial authorities have been requested to provide information on the current situation of the proceedings relating to the complaint (which will be transmitted to the ILO in due course), in order to ensure that the State in its legal action is scrupulously in compliance with the labour provisions that are in force at the national and international levels, with the objective of preventing any act that is in violation of and/or detrimental to the exercise of any of the rights set out in collective labour legislation or the Conventions of the International Labour Organization respecting those rights.
5. 187. The Committee notes this information. It requests the Government to keep it informed of the progress of the legal proceedings relating to the anti-union acts against the 226 dismissed workers.