Effect given to the recommendations of the committee and the Governing Body - Report No 367, March 2013

Case No 2825 (Peru) - Complaint date: 05-NOV-10 - Closed

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

1. 93. In its previous examination of the case at its November 2011 meeting, the Committee made the following recommendations on the matters still pending [see 362nd Report, para. 1260]:
   • – The Committee deeply regrets the dismissal – described by the labour inspectorate as unjustified – of the trade union official Mr Travesaño of SENCICO, and requests the Government: (i) pending a future court ruling, to take steps to bring the parties together with a view to bringing about his reinstatement; (ii) to inform it of the implementation of the fine imposed on SENCICO in connection with the dismissal; and (iii) to communicate the final outcome of the judicial proceedings in connection with the dismissal of this union official. As regards the dismissal of trade union official Mr Jorge Segundo Apache Vidal, also of SENCICO, the Committee requests the Government to inform it as to whether the labour inspectorate has taken a decision on this dismissal, and to inform it of the final outcome of the relevant judicial proceedings.
   • – The Committee requests the Government to take measures to stimulate and promote the full development of collective bargaining between the union and SENCICO with a view to concluding a collective agreement in the very near future. The Committee requests the Government to keep it informed in this regard.
   • – As regards the alleged transfers of officials and all members of SINTRAFASA, the Committee requests the Government to take steps to investigate these allegations and, if they are found to be anti-union in nature, to take steps to annul them. The Committee requests the Government to keep it informed in that regard.
2. 94. In its communications dated 26 October and 7 November 2011, 23 February and 9 October 2012, and 15 January 2013, the Government, with regard to the first of the Committee’s recommendations, reports that the proceedings in connection with the dismissal of the trade union official Mr José Luis Travesaño are close to being concluded (the Government also points out in respect of this dismissal that the administrative authority imposed a fine of 1,952.50 Peruvian nuevo sol (PEN) on the employer for not attending a hearing on 3 November 2009) and that the proceedings relating to the trade union official Mr Jorge Segundo Apache Vidal concluded in a first instance decision in favour of the trade union official but the enterprise lodged an appeal against this decision which is currently pending before the court. The Committee requests the Government to keep it informed of the outcome of these proceedings.
3. 95. As regards the issues relating to collective bargaining, the Government reports that there has been no substantial change vis-à-vis its previous observations (relating to the lists of demands for 2008–09, 2009–10 and 2010–11) in which it reported on the failure to comply with an arbitration award relating to the list of demands for 2008–09 and said that the trade union had put an end to the conciliation stage following the refusal of the employer (the National Service of Training for the Construction Industry (SENCICO)) to grant economic increases, citing budgetary laws. The Government adds that the administrative authority confirmed on appeal the decision of the labour inspectorate, which imposed a fine of PEN17,496 for failure to comply with the abovementioned arbitration award. The Committee notes this information. The Committee requests the Government to continue stimulating collective bargaining between SENCICO and the trade union. The Committee observes that in a number of cases (including some addressed in the present report) recurrent problems have been highlighted in the way collective bargaining works in the public sector, particularly – although not only – in the area of economic increases. As it has done in those cases, the Committee requests the Government to refer the shortcomings seen in this area to tripartite dialogue.
4. 96. Regarding the transfers of the officials and all the members of the Trade Union of Workers of Farmacias Peruanas SA (SINTRAFASA), the Government reports that the labour inspectorate found the enterprise guilty of serious violations and fined it PEN8,316 for the unjustified transfer of trade union officials and members (a total of 60), which affected the normal running of the trade union organization. The Government adds that the enterprise filed a writ of appeal and the penalty was revoked given that in their report the inspectors did not overturn the arguments and documents presented by the enterprise, since the report must contain a summary of the allegations and the steps taken to prove or disprove them, and therefore there were no grounds to maintain the decision. The Committee requests the Government to indicate whether the trade union appealed this reconsideration and if so to inform it of the result.