Effect given to the recommendations of the committee and the Governing Body - Report No 371, March 2014

Case No 2915 (Peru) - Complaint date: 11-NOV-11 - Closed

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

1. 121. At its March 2013 meeting, the Committee made the following recommendations on the matters still pending [see 367th Report, para. 1126]:
   • (a) As regards the non-renewal of the administrative service contracts of three officials and seven members of SITRAUSM, the Committee requests the Government to conduct an inquiry into the grounds for non-renewal of the contracts so that it can determine whether or not San Marcos Higher National University, a public institution, committed acts of anti-union discrimination. The Committee requests the Government to keep it informed in this regard.
   • (b) The Committee requests the Government to conduct an inquiry into the allegations of refusal to grant trade union leave to officials of SITRAUSM and refusal to pay or check off the union dues of the aforementioned organization, and also into the alleged refusal by the university to engage in collective bargaining with the aforementioned union.
2. 122. As to recommendation (a), the Government denies having violated trade union rights and states in its communication of 18 July 2013 that the dismissal of workers employed under administrative service contracts upon the expiration of those contracts was not motivated by anti-union sentiment, as only two officials from the executive committee of SITRAUSM, which has 22 members, were dismissed upon the expiration of their contracts; it is therefore not a question of dismissals but of the expiration of contracts. Furthermore, the Government states that the San Marcos Higher National University has been making deductions on behalf of SITRAUSM since June 2012, deductions which are duly authorized by the staff employed under an administrative service contract who are members of the trade union, and granted union leave to the executive committee in accordance with Resolution No. 01273-R12 of 9 March 2012, with a view to regularizing the period between 11 August 2011 and 10 August 2013.
3. 123. The Government adds that the workers employed under an administrative service contract are entitled to establish trade unions and to bargain collectively through their organizations. As to the collective bargaining of the trade union’s list of claims for the period 2011–12, a number of problems arose in 2012, including, for example, the fact that the trade union registered itself as representing private-sector workers (when, in reality, all its members are employed under an administrative service contract) and not workers employed under an administrative service contract. However, the Government states that the trade union has submitted its list of claims for the period 2012–13 in accordance with the relevant legislation and that the list of claims is currently being processed.
4. 124. The Committee hopes that the collective bargaining process will be concluded in the near future. The Committee notes with interest the information provided by the Government concerning the payment of union dues to the trade union and the union leave granted to its officials, and requests the Government to indicate whether the trade union members whose contracts were not renewed have filed administrative appeals or appeals with the judicial authority on trade union grounds.