Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Peru (Ratification: 2004)

Article 5 of the Convention. Effective tripartite consultations. In reply to the 2010 observation, the Government provides a detailed schedule for the submission of observations and draft reports to trade unions, employers’ organizations and public bodies, and the time limits within which the latter are to make their observations and comments. The Government adds that the technical secretariat of the National Labour and Employment Promotion Council is developing and promoting the implementation of mechanisms for the conclusion of agreements with a view to financing the training of the social partners so that they can participate efficiently and effectively in consultation procedures. The Committee notes the observations of the National Society of Industry (SNI), indicating that consultation processes have not been followed as the Government has adopted standards without consulting the employers. The Committee also notes that concerns expressed by the Single Confederation of Workers of Peru (CUT) and the Autonomous Workers’ Confederation of Peru (CATP), which insist that they do not have adequate access to the texts of the reports submitted by the Government, which are untimely referred to the confederations, or are simply not referred to them, and that with the exception of isolated seminars at dates near to the expiry of the time limits for the submission of reports and comments, there is no training programme. The CUT also emphasizes that, despite its requests and specific demands, the Ministry of Labour and Employment Promotion of Peru has refused to launch the process of the submission to the competent authority of the Domestic Workers Convention, 2011 (No. 189), and that it has not been possible to discuss the ratification of the Convention in any tripartite body. The General Confederation of Workers of Peru (CGTP) emphasizes that, despite the existence in Peru of tripartite dialogue bodies, due to the lack of political will, these bodies have not received even minimum support for the appropriate discharge of their functions, and their meetings have not been held regularly. Taking into account the concerns expressed by the social partners, the Committee requests the Government to provide detailed information on the consultations held on each of the matters set forth in Article 5(1) of the Convention. The Committee once again invites the Government to describe the agreements concluded for the financing of any necessary training of participants in consultation procedures (Article 4(2)).

[The Government is asked to reply in detail to the present comments in 2015.]