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

Case No 2724 (Peru) - Complaint date: 18-MAY-09 - Closed

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

1. 150. The Committee last examined this case at its November 2010 meeting [see 358th Report, paras 798–826] and on that occasion made the following recommendations:
   • (a) The Committee requests the Government to ensure that ESSALUD continues to deduct union dues from the members of SINESSS that have requested it.
   • (b) The Committee requests the Government to keep it informed of the final outcome of thee amparo proceedings instituted by Ms Cecilia Grados Guerrero, General Secretary of the SINESSS National Executive Board, and Ms Carmen Chávez Cabrera, General Secretary of the Edgardo Rebagliati Martins National Hospital Nurses’ Union, against the administrative decision imposing on them the sanction of a five-month suspension without pay.
2. 151. In a communication of 7 February 2011, the Government states that, through letter No. 283–2010-MTPE/4.10, the Lima Higher Court of Justice was requested to provide information on the status of the amparo proceedings instituted by Ms Cecilia Grados Guerrero and Ms Carmen Chávez Cabrera. The Lima Higher Court of Justice, through letter No. 12838-2010-SG-CSJLI/PJ, forwarded letter No. 184-2010-5 Const. of the Fifth Constitutional Court of Lima, in which the judge of said court states the following: (a) on 23 October 2009, the order admitting the claim presented by Ms Carmen Chávez Cabrera against the State Health Service (ESSALUD) was issued; (b) on 12 January 2010, ESSALUD challenged the claim and formulated exceptions regarding lack of jurisdiction and failure to exhaust administrative remedies; (c) Resolution No. 11 of 26 August 2010 provides for the resolution of exceptions and for transfer for decision; and (d) through Resolution No. 12 of 15 December 2010, it was ruled that the exceptions submitted by the respondent were unfounded and the proceedings were declared free from defects, that being the current status of the present proceedings.
3. 152. As to the recommendation that ESSALUD continue to deduct union fees from the members of SINESSS, the Government states that, through letter No. 284-2010-MTPE/4.10, ESSALUD was requested to provide information in that regard. The Government is still awaiting a reply to that request, which will be duly transmitted.
4. 153. The Committee notes this information. The Committee requests the Government to keep it informed regarding any decision handed down relating to the amparo proceedings instituted by the trade union leaders, Ms Cecilia Grados Guerrero and Ms Carmen Chávez Cabrera, against the administrative decision imposing on them the sanction of a fivemonth suspension without pay. Furthermore, the Committee once again requests the Government to ensure that ESSALUD continues to deduct trade union dues from the members of SINESSS that have requested it.