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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 128. The Committee recalls that this case is concerned with the
collective dismissal of workers from the Callao regional government in January 2007 and
the subsequent dismissal in March 2011 of the general secretary of the Callao Regional
Government Workers’ Union, Ms Clara Tica, on account of her trade union activity aimed
at the reinstatement of the dismissed workers. It also recalls that, by a decision of 28
April 2015, the Supreme Court of Justice definitively resolved Ms Tica’s situation by
upholding the 2013 reinstatement decision in her favour. At its October 2017 meeting,
the Committee expressed regret that, despite the time that had elapsed and the judicial
decision in her favour, Ms Clara Tica had still not been reinstated in her original post
or another post at a similar level, and it firmly expected that the Government would
provide information without delay on the situation of the above-mentioned trade unionist
[see 383rd Report, October 2017, para. 75].
- 129. In its communication dated 20 September 2018, the Government states
that Ms Tica continues to work under a service provider contract, since neither the
institutional pay structure nor the framework for the assignment of institutional staff
has vacant posts covered by the budget. This means that it is impossible for the Callao
regional government to create posts in accordance with the third transitional
supplementary provision of Act No. 28411 (National Budget System Act) and other public
sector budget legislation. The Government states that the creation of new posts is
expressly prohibited by law, and failure to comply would incur criminal liability.
However, it indicates that the entity concerned is taking a number of steps to ensure
compliance with judicial orders. In this regard, the human resources office asked the
Regional Public Prosecutor for information on judicial proceedings against the Callao
regional government in order to create a database to support the preparation of a
management document entitled the “provisional staff assignment framework”. Once this
document has been approved by the National Civil Service Authority, it will serve as the
basis for requesting authorization for posts from the Ministry of Economic and Financial
Affairs. The Committee duly notes the information provided and reiterates the firm
expectation that the Government will take all necessary steps to ensure compliance in
the very near future with the 2015 ruling of the Supreme Court of Justice and to ensure
that Ms Clara Tica can be reinstated in a post similar to the one from which she was
dismissed in 2011. The Committee requests the Government to keep it informed in this
respect.
