Report in which the committee requests to be kept informed of development - Report No 358, November 2010

Case No 2594 (Peru) - Complaint date: 17-SEP-07 - Closed

Allegations: The complainant organization alleges dismissals, threats of dismissal and other acts of intimidation following the establishment of a trade union at Panamericana Televisión SA (now called Panam Contenidos SA)

1. 772. The Committee examined this case at its June 2009 meeting, when it submitted an interim report to the Governing Body [see 354th Report, paras 1064–1085, approved by the Governing Body at its 305th Session (June 2009)].
2. 773. The Government sent additional observations in communications dated 27 May 2009 and 20 October 2010.
3. 774. Peru has ratified 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. 775. At its June 2009 meeting, the Committee made the following recommendations [see 354th Report, para. 1085]:
2. – The Committee once again urges the Government to take measures without delay so that a thorough investigation takes place at Panam Contenidos SA with regard to the alleged dismissals, transfers and other anti-union acts that have reportedly been carried out since the establishment of the trade union, and to inform it of the outcome of that investigation. Furthermore, the Committee requests the Government, if the allegations in question are shown to be valid, to take the necessary measures to ensure that the workers who were dismissed and redeployed for anti-union reasons are reinstated in their posts and paid the wages and other benefits owed to them, and that the fines for such violations are significantly increased so as to constitute sufficiently dissuasive sanctions.
3. – The Committee requests the Government to keep it informed of the various procedures and actions under way to ensure that the company fulfils its legal obligations as regards labour and trade union matters in relation to the present case.
4. B. The Government’s reply
5. 776. In its communication dated 27 May 2009, the Government repeats what it said in earlier communications that the Committee took into account when it examined the case in June 2009. The Government adds that the Fifth Sub-Directorate of the Labour Inspectorate addressed memorandum No. 016-2009-MTPE/2/12.350 dated 16 February 2009 to the labour inspector working on this case. The Government states that the Ministry of Labour and Employment Promotion is still conducting investigations into the incidents alleged by the employees of Panam Contenidos SA; the ILO would be informed of their findings in due course.
6. 777. In its communication of 20 October 2010, the Government indicates that: (1) the report of the Regional Directorate of Labour and Employment Promotion of Lima-Callao concludes, following an inspection conducted at the company, that no breach of labour standards has been revealed; (2) the final report prepared by the authorized inspectors indicates that a new administration, which respects the labour rights, now heads the company. The offences referred to in the complaint were committed by the former administration; and (3) judicial proceedings concerning the dismissal of workers Maria Eliza Vilca Peralta, Ana Maria Sihuay Parodi, Carmen Rosa Mora Silva and Liliana Jesús Sierra Farfán are ongoing.

C. The Committee’s conclusions

1. 778. The Committee recalls that, when it examined the case at its June 2009 meeting, it urged the Government to take measures without delay so that a thorough investigation was conducted at Panam Contenidos SA with regard to the alleged dismissals, transfers and other anti-union acts that had reportedly been carried out since the establishment of a trade union, and to inform it of the outcome of that investigation. It requested the Government to keep it informed of the steps being taken to ensure that the company fulfils its legal obligations as regards labour and trade union matters in relation to the present case [see 354th Report, para. 1085].
2. 779. In this regard, the Committee notes the information provided by the Government that: (1) the report of the Regional Directorate of Labour and Employment Promotion of Lima-Callao concludes, following an inspection conducted at the company, that no breach of labour standards has been revealed; (2) the final report prepared by the authorized inspectors indicates that a new administration, which respects the labour rights, now heads the company. The offences referred to in the complaint were committed by the former administration; and (3) judicial proceedings concerning the dismissal of workers Maria Eliza Vilca Peralta. Ana Maria Sihuay Parodi, Carmen Rosa Mora Silva and Liliana Jesús Sierra Farfán are ongoing. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings in question. The Committee requests the Government, if the dismissals in question are proven to be illegal, to take the necessary measures to ensure that the workers who were dismissed and redeployed for anti-union reasons are reinstated in their posts and paid the wages and other benefits owed to them, and that the fines for such violations are significantly increased so as to constitute sufficiently dissuasive sanctions.

The Committee's recommendations

1. 780. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to keep it informed of the outcome of the judicial proceedings concerning the dismissed workers. The Committee also requests the Government, if the dismissals in question are proven to be illegal, to take the necessary measures to ensure that workers who were dismissed and redeployed for anti-union reasons are reinstated in their posts and paid the wages and other benefits owed to them, and that the fines for such violations are significantly increased so as to constitute sufficiently dissuasive sanctions.