Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the observations made by the Coordinator of Central Trade Union Federations of Peru, and by the Federation of Workers in the Lighting and Power Industry of Peru concerning the General Labour Bill of 1995, as well as the Government's comments.

Article 4 of the Convention. The Committee notes that section 31 of the Bill defines collective labour agreements as agreements concluded, by one or several trade union organizations of workers or, in the absence of such organizations, by representatives of the workers concerned, with employers. Sections 38 and 40(a) of the Bill provide that, even where a trade union exists, if its membership does not include over half of the workers, a coalition representing the absolute majority of workers may negotiate on behalf of the workers, including unionized workers. In this respect, in the Committee's opinion, there is a contradiction between the provisions of section 31 and those of sections 38 and 40.

The Committee wishes to remind the Government that Article 4 of the Convention provides that appropriate measures shall be taken to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations and workers' organizations with a view to the regulation of terms and conditions of employment by means of collective agreements.

In order to dispel any doubt and ensure that the legislation is in conformity with Article 4, the Committee considers that only in the absence of workers' organizations, should the representatives of the workers concerned be able to negotiate collectively on their behalf.

The Committee also notes that section 65 of the Bill provides that the points of claims in respect of which agreement has not been reached or which have not been resolved shall become void 12 months after their submission or when new claims are presented.

In this respect, the Committee doubts whether in practice the above provision will encourage or promote collective bargaining, as provided for in Article 4. The Committee considers it important for both employers and trade unions to participate in negotiations in good faith and to make every effort to reach an agreement. It also considers that the holding of real and constructive negotiations is necessary to establish and maintain a relation of trust between the parties.

The Committee hopes that the Government will adopt the necessary measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between workers' organizations and employers, in accordance with the principles and provisions of the Convention.

The Committee requests the Government to inform it in its next report of any measure adopted in this respect.