Report in which the committee requests to be kept informed of development - Report No 230, November 1983

Case No 1181 (Peru) - Complaint date: 24-NOV-82 - Closed

1. 402. The Committee examined this case at its meeting in May 1983 and submitted an interim report to the Governing Body. Since then the Government has sent a communication dated 12 September 1983.
2. 403. Peru has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 404. When the Committee examined this case at its meeting in May 1983, a number of allegations were outstanding concerning the legal and labour situation of the employees of the Banco de la Nación, which was to be determined in a Bill that was before Parliament, and the transfer or dismissal of trade union leaders.
2. 405. The Committee expressed the hope that the above-mentioned Bill would be adopted in the near future and that it would recognise the right of the employees of the Banco de la Nación to conclude collective agreements and to join the federations of their choosing. The Committee requested the Government to keep it informed of developments in the legislative proceedings under way.
3. 406. Lastly, noting that the Government had not replied to the allegations concerning the transfer of trade union leader Gilberto Rivera, nor concerning the dismissal of trade union leaders, Matta Durán, Ugarte Ochoa, and Perea González - all for alleged dereliction of duty - and of Fernández Barra and Tamayo Pinto, leaders of the new Executive Board elected in November 1982, the Committee requested the Government to send its observations on these matters and in particular to indicate the grounds for the above-mentioned dismissals.

B. The Government's reply

1. 407. In its communication of 12 September 1983, the Government states that until there has been a change in the system governing employees of the Banco de la Nación, these employees will remain subject to the provisions in force for the public service as regards trade union membership and the right to bargain and to present grievances.
2. 408. As regards the allegations concerning the dismissal of Tamayo Pinto, Fernández Barra, Matta Durán, Perea González and Ugarte Ochoa, the Government states that these workers were dismissed for dereliction of duty. The Government appends several documents concerning these dismissals together with copies of some administrative decisions on appeals lodged by the persons concerned.

C. The Committee's conclusions

1. 409. As regards the allegation concerning the legal and labour status of the employees of the Banco de la Nación (which should be determined by the Bill now before Parliament), the Committee notes that according to the Government's statements the system to which these employees are subject has still not been changed. Consequently the Committee repeats the conclusions it made on this matter at its meeting in May 1983.] The Committee hopes that the aforementioned Bill will be adopted in the near future and that it will recognise the right of the employees of the Banco de la Nación to conclude collective agreements and to join the federations of their choosing; it requests the Government to keep it informed of developments in the legislative proceedings.
2. 410. With regard to the dismissal of trade union leaders (Matta Durán, Ugarte Ochoa, Perea González, Fernández Barra and Tamayo Pinto), the Committee observes that despite the abundant information sent by the Government on the matter, it still does not have sufficient information to form an opinion on the individual cases of dismissal. Nevertheless, the Committee observes that most of the cases are connected with recognition of the right to time off for trade union purposes and that in this respect there are discrepancies between the union and the bank as regards the extent of trade union rights, particularly since the establishment by Presidential Decree No. 003-82-PCM of 24 January 1982, of the trade union system in respect of public servants (to which the National Trade Union of Workers of the Banco de la Nación does not want to be bound, invoking acquired rights). The Committee therefore does not exclude the possibility that some of the leaders who have been dismissed for dereliction of duty may have considered in good faith that they were entitled to time off for trade union purposes.
3. 411. Furthermore, it appears from the documentation furnished by the Government that, since the promulgation of Presidential Decree No. 003-82-PCM, the Banco de la Nación considers the said union as legally non-existent since it is not formed or organised in accordance with the said Decree.
4. 412. In these circumstances, and bearing in mind that it is to be hoped that the Bill concerning the legal and labour situation of employees of the Banco de la Nación will shortly be adopted and that it will determine the exact scope of their trade union rights, the Committee considers that the harmonious development of labour relations would be promoted if measures were taken to reinstate the trade union leaders in question.
5. 413. Lastly, observing that the Government has not replied to the allegation concerning the transfer of the trade union leader Gilberto Rivera, the Committee draws the Government's attention to the fact that no one should be the subject of acts of discrimination on the grounds of his trade union function or activities.

The Committee's recommendations

1. 414. In the circumstances the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • (a) Bearing in mind that Parliament is considering a Bill to determine the legal and labour status of the employees of the Banco de la Nación, the Committee expresses the hope that this Bill will be adopted in the near future and that it will recognise the right of these employees to conclude collective agreements and to join the federations of their choice. The Committee requests the Government to keep it informed of developments in the legislative proceedings under way.
   • (b) The Committee considers that the harmonious development of labour relations would be promoted if measures were taken to reinstate the five dismissed trade union leaders.
   • (c) The Committee draws the Government's attention to the fact that no one should be subject to acts of discrimination on the grounds of his function or trade union activities.