Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s reply to the comments of 3 October 2008 by the National Coordinating Committee of Contract Workers of the Ministry of Health.

It also notes the comments by: (1) the General Confederation of Workers of Peru (CGTP), the Central Confederation of Workers of Peru (CUT), the Workers’ Central Union of Peru (CTP) and the Autonomous Confederation of Peruvian Workers (CATP), dated 2 and 25 August 2010 and referring to the breach of Articles 1–4 of the Convention; and (2) the International Trade Union Confederation (ITUC) dated 24 August 2010 and referring to undue interference, anti-union practices and dismissals in the textile sector. The Committee notes the Government’s reply to these comments, received on 13 October 2010.

The Committee also notes various cases currently before the Committee on Freedom of Association.

Articles 1 and 2 of the Convention. The Committee has for several years been examining the effectiveness of the system of protection against acts of anti‑union discrimination, including the matter of the efficiency of administrative and judicial procedures. In its previous comments, it noted in this connection that section 25 of the Regulations to the General Labour Inspection Act classifies interference by the employer in the freedom of association of workers or trade unions and anti-union discrimination as very serious offences. Where such offences are noted in the course of an inspection, the applicable penalty varies from 5 per cent of 11 tax units (1,925 new soles, equivalent to US$687) and 100 per cent of 20 tax units (70,000 new soles, equivalent to US$24,995), depending on the number of workers affected. The Committee asked the Government to indicate whether the penalties set in the Regulations to the General Labour Inspection Act would continue to apply once the Act is adopted.

The Committee notes that, according to the Government, the General
Labour Inspection Act (Act No. 28806) and its Regulations (Supreme Decree No. 019-2006-TR), differ in terms of coverage from the draft General Labour Act. The General Labour Inspection Act and its Regulations cover the inspection activities of the Administrative Labour Authority, empowering the latter to monitor compliance with the social and labour provisions of laws, regulations and agreements and with contractual requirements, and observance of workers’ fundamental labour rights, thereby giving it the authority to apply administrative sanctions when an offence is noted. As regards the draft General Labour Act, the Government states that Chapter IV of the Act regulates trade union protection in order to guarantee the free exercise of trade union rights, which enable workers or trade union organizations to take judicial action if they deem their rights to have been abused or threatened. The Committee notes the Government’s statement that, even if the draft General Labour Act were to be adopted, the Administrative Labour Authority will continue, through its labour inspection system, to ensure compliance with the social and labour standards that affect the trade union rights of workers and trade unions.

As regards the length of judicial proceedings following complaints of acts of anti-union discrimination or interference, the Committee notes that a new Act on labour procedure (Act No. 29497 of 30 December 2009) has been adopted, section 2(1)(g) of which provides that it is the labour courts that hear claims relating to disputes involving a trade union and disputes between trade unions, including their dissolution. The Committee requests the Government to provide information on the impact of the new Act on the length of judicial proceedings regarding complaints of acts of anti-union discrimination or interference.

Article 3. The Committee takes note of three directives issued by the Ministry of Labour and Employment Promotion to strengthen the labour inspectorate for its work relating to trade union rights, including the rights of temporary personnel, contract workers or workers engaged under service contracts. The Committee notes with interest the Constitutional Court’s ruling of 7 September 2010 establishing that persons employed under administrative service contracts shall enjoy trade union rights.

Article 4. The Committee asks the Government to send information on the trade union rights enjoyed by workers employed under “vocational training schemes”, and particularly the right to collective bargaining of the organizations representing them. Lastly, in view of the comments submitted by various national organizations, the Committee requests the Government to send further detailed information on the manner in which collective disputes about the level of collective bargaining are settled, both in law and in practice.