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

Case No 2675 (Peru) - Complaint date: 16-OCT-08 - Closed

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

1. 138. The Committee last examined this case at its June 2010 meeting, when it invited the Government to examine, with the most representative workers’ and employers’ organizations, a way of ensuring that the systematic use of short-term temporary contracts in the non-traditional export sector does not become in practice an obstacle to the exercise of trade union rights [see 357th Report, para. 875].
2. 139. In its communication of 7 February 2011, the Government reaffirms its commitment to granting and recognizing the right to freedom of association, adopting the necessary steps to guarantee the free exercise of the right to organize, and continuing to promote procedures for adequate collective bargaining in accordance with legislation in force and the international labour standards that have been ratified to that end. The Government states that freedom of association and the right to organize impose an obligation on the State to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organize, and to prevent all acts of anti-union discrimination, such as making employment of a worker conditional on not joining a union or relinquishing union membership, or dismissing or otherwise prejudicing a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours (Article 11 of Convention No. 87 and Article 1 of Convention No. 98). According to the Government, the different labour regimes that exist have been regulated with a view to promoting job creation in order to provide Peruvian citizens with employment conditions and benefits in line with the progressive development of the country. Without prejudice to the above, and as a token of the State’s interest in further enhancing compliance with the right to freedom of association, the Ministry of Labour and Employment Promotion has been carrying out inspections to monitor compliance with applicable social and labour standards by companies engaged in non-traditional export activities.
3. 140. The Government indicates that the Congress of the Republic, through draft laws Nos 2241/2007CR and 2272/2007-CR, has undertaken the revision of the Act concerning nontraditional exports. The Government reaffirms its commitment to the promotion of collective bargaining and peaceful means of resolving labour disputes; the Government has carried out these actions to create the necessary conditions to allow parties to bargain freely and to allow it to intervene in cases of probable inequality to guarantee opportunities for development and effective collective bargaining.
4. 141. The Committee takes note of this information.