Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Case No 2559 (Peru) - Complaint date: 26-MAR-07 - Closed

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

1. 119. At its November 2010 meeting, the Committee requested the Government to comply in full with the 2007 court order calling for the reinstatement of union official Mr Roger Augusto Rivera Gamarra and the payment of the wages and benefits due to him and expressed the firm hope that the Government would as a matter of urgency take the necessary steps to ensure the payment of his wages and other benefits. The Committee requested the Government to keep it informed of the action taken [see 358th Report, paras 88–90].
2. 120. In its communication dated 7 February 2010, the Government states that it requested information from the Ministry of Agriculture regarding the steps taken regarding the payment of wages still owed and benefits due to Mr Roger Augusto Rivera Gamarra. The Ministry of Agriculture, in letter No. 289-2011-PP-AG, dated 21 January 2011, provided the following information: (a) in strict compliance with the court order, Mr Roger Augusto Rivera Gamarra was reinstated in his post at the Donoso-Huaral Experimental Facility of the National Institute for Agricultural Research; (b) regarding the outstanding wages owed to the reinstated worker, the payment of 99,330.53 nuevos soles (PEN) was ordered and the Ministry of Agriculture proceeded to pay that sum in instalments; (c) in addition, the claimant applied to the judicial authorities to pay compensation for time worked and legal interests foregone, an application which was dismissed by the Combined Tribunal of the Superior Court of Justice of Huara, which instructed the lower court to issue a new ruling. In accordance with the Tribunal’s instruction, the Court of First Instance handed down another ruling ordering the Ministry of Agriculture to pay compensation, and an appeal has been lodged against that ruling. In the light of the facts set out in this report, it appears that the Ministry of Agriculture is paying the claimant’s outstanding wages in regular instalments, and the ILO will be notified in due course of the final outcome of the appeal lodged by the Ministry of Agriculture.
3. 121. The Committee takes note of this information. The Committee expects that the judicial authority will hand down a definitive ruling in the near future on the claim of union official Mr Roger Augusto Rivera Gamarra regarding payment of compensation for time worked. The Committee requests the Government to keep it informed of these proceedings.