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

Case No 2856 (Peru) - Complaint date: 11-APR-11 - Closed

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

1. 104. At its March 2012 meeting, the Committee made the following recommendations on the allegations that remained pending [see 363rd Report, para. 1065]:
   • (a) The Committee firmly expects that the dismissed workers who have yet to be reinstated in their posts (and who are currently employed by the regional government of Callao under service provider contracts) will receive a judicial decision without delay and requests the Government to keep it informed in this regard.
   • (b) The Committee reminds the Government of the obligation of the authorities of the regional government of Callao to lead by example in ensuring respect for fundamental labour rights, including freedom of association, and requests the Government to ensure that the authorities of the regional government of Callao take steps to reinstate without delay the trade union official Ms Clara Tica in her post. The Committee requests the Government to keep it informed in this regard.
2. 105. In its communication dated 20 August 2012, the Government states with regard to recommendation (a) that 19 workers employed by the Callao regional government were reinstated on the basis of favourable judicial decisions. As regards recommendation (b), the Government reports that the trade union official Ms Clara Tica, who according to the employer had been dismissed for repeated resistance to performing her assigned work – and not for trade union reasons – was reinstated under a service provider contract; the judicial proceedings initiated by Ms Tica have not yet been concluded. The Government states further in its communication of 11 January 2013 that ruling in first and second instances, the courts found in favour of Ms Clara Tica, but the employer has lodged a cassation appeal; the regional government has stated that it will comply with the ruling that will be handed down.
3. 106. The Committee takes note of this information and requests the Government to provide it with the final ruling handed down concerning the dismissal of the trade union official Ms Clara Tica.