Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the Government’s observations on the comments made by the Medical Social Security Association of Peru (AMSSOP).

The Committee notes that, according to these comments, section 15 of Act No. 28254, authorizing the additional budgetary credit for the public sector for the fiscal year 2004 of 15 June 2004, which prohibits the adjustment of remuneration and other benefits which were not effective by the date of the entry into force of the Act, and which includes the Social Health Insurance (ESSALUD), is in violation of the right to collective bargaining. The Committee notes that, according to the Government, the Act, as it was of a budgetary nature, was only in force during 2004. The Government adds that, although the Act restricts increases and adjustments of State origin, it does not limit the content or application of collective agreements that are in force and that the agreement concluded between AMSSOP and the ESSALUD, which covers remuneration, was applied without restriction. The Committee notes that the Act was only applicable during the course of 2004 and that it did not prevent compliance with the provisions relating to remuneration in the agreement concluded between AMSSOP and ESSALUD. The Committee recalls that, in general terms, measures taken unilaterally by the authorities to restrict the scope of negotiable issues are often incompatible with the Convention and that a particularly appropriate method to resolve these difficulties is the holding of tripartite discussions with a view to preparing jointly agreed guidelines for collective bargaining (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 250).

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU), which refer to many anti-union acts, including the attempted murder of a trade union leader, dismissals and threats against unionized workers and the detention of various workers during a peaceful demonstration. The Committee requests the Government to provide its comments on this subject.

The Committee will examine the other matters pending together with the Government’s report in the context of the regular reporting cycle (see observation 2004, CEACR, 75th Session).