Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

Case No 2059 (Peru) - Complaint date: 30-SEP-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 95. The Committee last examined this case, concerning anti-trade union dismissals and practices, at its meeting in June 2001 [see 325th Report, paras. 74-77]. On that occasion, the Committee requested the Government: (1) to confirm that Mr. Oliveros Martinez had been reinstated; (2) to carry out, as a matter of urgency, an inquiry into the alleged anti-union discrimination and intimidation perpetrated in the Banco Continental (allegations concerning pressure brought to bear on unionized workers to leave their union, the award of promotions or salary increases virtually exclusively to non-unionized workers, etc.); and (3) to guarantee the right of persons hired under training agreements to organize and to ensure that the employment conditions of these workers are covered by the collective agreements in force in the enterprises where they are employed.
2. 96. In communications of 19 September 2001 and 11 January 2002, the Government indicates that (1) the Banco Continental lodged an appeal for annulment of the ruling against it to reinstate Mr. Oliveros Martinez, with remuneration of back wages, on 12 March 2001, and that this has not yet been dealt with by the Division for Constitutional and Labour Law of the High Court; (2) with regard to the allegations of anti-union discrimination, the Government will continue to prevent any anti-union discrimination and intimidation being perpetrated in the Banco Continental, just as it would prevent this occurring with any other employer, through agreement among the social partners, which is the aim of the National Labour and Promotion Council and by strengthening the supervisory system laid down in the General Law on Labour Inspection and Protection of Workers; and (3) the Banco Continental was asked its criteria for the award of promotions or salary increases to its employees, and to explain the measures it had taken concerning the allegations in this case.
3. 97. The Committee requests the Government to keep it informed of the outcome of the appeal to annul lodged by the Banco Continental with regard to the ruling on the dismissal of Mr. Oliveros Martinez. The Committee notes that with regard to the allegations of anti-union discrimination and intimidation at the Banco Continental, the Government does not indicate that an inquiry is being carried out but only that it had requested Banco Continental its own version of the facts. The Committee repeats its request that the Government carry out, as a matter of urgency, an inquiry into the alleged anti-union discrimination and intimidation perpetrated in the Banco Continental. With regard to persons hired under training agreements, the Committee notes that the Government does not specifically refer to its previous recommendations and, therefore, repeats its request that the right of these workers to organize be recognized and that they should be covered by the collective agreements in force in the enterprises where they are employed.