Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

The Committee notes the information supplied by the Government in its report and recalls that its previous comments referred to:

- the requirement to provide a minimum service in the case of strikes in essential public services, on the subject of which any disagreement as to the number of staff and their occupation is settled by the labour authority (section 82 of the Industrial Relations Act); and

- the prohibition placed upon jurisdictional auxiliaries of the Judiciary from forming trade unions (Legislative Decree No. 768, 11th part).

With regard to the first point, the Committee notes the Government's indication that there is nothing to prevent employees from participating in defining the minimum service in essential private services, since the law does not grant such a faculty solely to the employer, and that this matter may be the subject of collective bargaining. In this connection, the Committee asks the Government to inform it whether in practice minimum services are determined through collective bargaining by the social partners and whether the same possibility exists for organizations of workers of essential public services.

With regard to the prohibition placed on jurisdictional auxiliaries from forming organizations, the Committee notes the information supplied by the Government to the effect that the prohibition is based on the fact that the offices of such public servants involve confidentiality and a high degree of responsibility and are therefore classified as positions of trust.

In this connection, the Committee stresses that this category of workers should have the right to form their own organizations in order to defend their interests, and therefore once again asks the Government to take appropriate steps to ensure that jurisdictional auxiliaries are granted this right by law.

The Committee again asks the Government to inform it in its next report of the measures adopted to this end.