Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee recalls that its previous comments referred to:

-- the power of the labour authority, in the event of a strike in essential public services, to determine minimum services in the event of disagreement (section 82 of the Industrial Relations Act); and

-- the denial of trade union rights 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 with interest that section 79, last paragraph, of the Labour Relations Bill (drawn up by the Chairman of the Labour and Social Security Committee of the National Congress) establishes that in the event of disagreement as to the number and occupation of the workers needed to maintain these services, the trade union organization may refer the matter to the labour tribunal for a decision.

The Committee hopes that this provision of the Labour Relations Bill will be adopted in the near future and asks the Government to provide information in its next report on any progress made in this respect.

With regard to the denial of the right to organize of jurisdictional auxiliaries, the Committee emphasizes that this category of workers should have the right to form their own organizations to defend their interests. It therefore once again asks the Government to take appropriate measures to ensure that the legislation establishes this right for jurisdictional auxiliaries.

The Committee expresses the firm hope that in its next report the Government will provide information on any measures taken to bring the legislation into full conformity with the Convention.