Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Peru (Ratification: 1964)

Article 4 of the Convention. In its previous request, the Committee noted that section 211(20) of the Constitution empowers the President of the Republic to adopt exceptional economic measures when required by the general interest. The Committee also noted that, under the terms of Presidential Decree No. 017-82-TR respecting the economic emergency, the Government had intervened in collective bargaining in various sectors of the economy.

The Committee notes and endorses the observations contained in the recommendations of the Committee on Freedom of Association concerning Case No. 1548 (Peru), in which it regrets that restrictions have been placed on future collective negotiations by decree without consultation of the organisations of workers and employers with a view to seeking the agreement of both parties.

In this connection, the Committee reminds the Government that if wage rates cannot be fixed freely by collective bargaining because of economic stabilisation or structural adjustment policies, such restrictions should be imposed as an exceptional measure and only to the extent necessary, without exceeding a reasonable period, and should be accompanied by adequate safeguards to protect workers' living standards. In any event, the Committee considers that it is always preferable when such restrictions are adopted to seek consensus rather than impose them by decree.

The Committee asks the Government to keep it informed of any developments with regard to collective bargaining.