Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Case No 2697 (Peru) - Complaint date: 17-DEC-08 - Closed

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

1. 142. The Committee last examined this case at its March 2011 meeting and, on that occasion, requested the Government to inform it: (1) whether, with the promotion of appropriate mechanisms as proposed by the Government, the Union of Workers of Registry Zone No. IX, Lima Office, and the bargaining committee of Registry Zone No. IX, Lima Office, have finally been able to conclude a collective agreement; and (2) of the outcome of the judicial proceedings initiated by the trade union leaders Mr Elías Vilcahuamán, Secretary-General of the Federation of Workers of the National Public Registries System (FETRASINARP), Ms Adriana Delgado Angulo, Under-Secretary for Organization of the National Office of the Superintendent of Public Registries (SUNARP) and Ms María Yolanda Zaplana Briceño, Deputy Secretary-General of SUNARP and SUNARP members Ms Rosemary Almeida Bedoya, Ms Elizabeth Mujica Valencia, Ms Miriam Reyes Candela, Ms Nelly Marimón Lino Montes and Ms Rocío del Carmen Rojas Castellanes, in relation to their dismissals [see 359th Report, paras 141–143].
2. 143. In a communication dated 3 May 2011, the Government states, with regard to the judicial proceedings initiated by the trade union leaders that: (1) Mr Elías Antonio Vilcahuamán Ninanya; respondent: SUNARP; file No. 04067-2008-0-1501-JR-CI-06; Labour Court of Huancayo – Judicial District of Junín. Status of the proceedings: on 21 June 2010, Order No. 27 was issued stating the following: the respondent SUNARP has appeared; the civil complaint against Registry Zone No. VIII, Huancayo Office, has been pleaded; the evidence presented has been accepted for consideration; the claim has been responded to; on 6 January 2011, a notice of appearance was submitted; (2) Ms Rosemary Alexandra Almeida Bedoya, Ms Nelly Cecilia Marimón Lino, Ms Ana Elizabeth Mujica Valencia, Ms Miriam Reyes Candela, Ms Rocío del Carmen Rojas Castellanes, Ms María Yolanda Zaplana Briceño and Ms Adriana Jesús Delgado Angulo; respondent: Registry Zone No. IX SUNARP; file No. 00495-2008-0-1801-JR-LA-29; 29th Labour Court of Lima. Status of the proceedings: the file is ready for a ruling to be issued.
3. 144. As to the issue which has arisen between FETRASINARP and SUNARP, the Government states that, on 13 December 2010, the arbitration process concerning the collective bargaining processes corresponding to the years 2007–08, 2008–09 and 2009–10 was formally initiated. In this regard, the Court decided by a majority vote regarding the following points: food allowance; mobility allowance; education allowance; paid holidays; birthday leave and bonuses following the conclusion of collective agreements.
4. 145. Finally, the Government states that: (1) the judicial proceedings are ongoing and were pursued by the parties in their respective channels until approximately January 2011; and (2) the arbitration award issued on 11 January 2011 definitively resolves the list of claims in the complaint concerning the collective bargaining processes that arose from the lists of dispute grievances for the years 2007–08, 2008–09 and 2009–10 and that was submitted by the Union of Workers of Registry Zone No. IX, Lima Office, SUNARP.
5. 146. The Committee notes this information and requests the Government to send it copies of the decisions handed down regarding the ongoing judicial proceedings concerning the dismissals of the trade union leaders of SUNARP.