Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee takes note of the Government’s report. The Committee also notes that the Peruvian Workers’ Confederation has sent comments on the application of the Convention and asks the Government to send its observations thereon.

The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2098 in which the latter draws attention to the high number of workers required by law to establish non-enterprise trade unions and the cancellation, pursuant to that requirement, of the registration of the Union of Ticket Sellers and Ushers in Cinematographic Enterprises (see 325th Report, paragraphs 524 to 546). The Committee endorses the recommendation by the Committee on Freedom of Association concerning the request not to cancel the registration of the abovementioned organization on the grounds that it has only 57 and not the statutory 100 members. The Committee asks the Government to keep it informed of any developments in this respect.

The Committee recalls that, for a number of years, it has referred in its comments to the following provisions of the Industrial Relations Act and its regulations and to Presidential Decree No. 003-82-PCM, pointing out that they are inconsistent with the provisions of the Convention:

(1)  the denial of trade union membership during the probation period (section 12(c) of the Act);

(2)  the requirement of a high level of membership (100) in order to form trade unions by branch of activity or occupation and in a number of professions (section 14);

(3)  the requirement that workers must be active members of the trade union (section 24(b)) and must have been in the service of the enterprise for a minimum of one year (section 24(c)) to become eligible for trade union office (section 24);

(4)  the prohibition of political activities for trade unions (section 11(a));

(5)  the excessive restrictions on the right of workers to call a strike, in particular sections 73(a) and (b), 67 and 83(g) and (j);

(6)  the obligation for trade unions to compile reports which may be requested by the labour authorities (section 10(f));

(7)  the power of the labour authority to cancel the registration of a trade union (section 20 of the Act) and the requirement that the trade union must wait six months after the cause of cancellation has been remedied before reapplying for registration (Regulation 24);

(8)  the prohibition of federations and confederations of the public services from forming part of organizations which represent other categories of workers (section 19 of Presidential Decree No. 003-82-PCM);

(9)  the power of the labour administration in the event of a dispute to establish minimum services when a strike is declared in essential public services (section 83 of the Act).

The Committee recalls that in its previous observation it noted the existence of a Bill (No. 0096 of 31 July 2000) on industrial relations which took account of many of the Committee’s comments. The Committee notes in this connection the Government’s statement that the Bill was shelved by the Congress Committee on Labour and Social Security on 7 June 2001. The Committee nonetheless notes that, according to the Government, the Ministry of Labour drafted a new Bill (No. 2281) which was submitted to the Congress of the Republic on 19 March 2002 and includes several of the amendments requested by the Committee. The Committee observes that the Bill is on the whole in line with its comments, but some of its provisions are not in conformity with the Convention (particularly as regards allowing federations and confederations to call strikes and strikes being declared illegal by the administrative authority).

The Committee hopes that a bill that takes account of all its comments will finally be adopted. It reminds the Government that it may seek technical assistance from the Office in this matter and requests it to provide information in its next report on any developments in the legislation.

The Committee further notes that the Federation of Petroleum, Energy and Allied Workers of the Grau Region has sent comments on the application of the Convention which concern the removal from the trade union register of the Union of Workers of Petrotech Peruana S.A. The Committee notes that, according to the Government, the membership of this union dropped below the number required to form a trade union organization and that, as a consequence, the administrative authority, in strict pursuance of the labour law, ordered its removal from the trade union register in accordance with section 43 of Presidential Decree No. 007-2000-TR. The Committee refers in this connection to its critical comments on the legislative provisions concerning the high level of membership necessary for trade union registration. The Committee accordingly asks the Government to place the trade union in question back on the register.