Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

Case No 2687 (Peru) - Complaint date: 13-NOV-08 - Closed

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

1. 135. The Committee last examined this case at its June 2010 meeting. On that occasion, recalling that the cleaners of Coronel Portillo Municipality should enjoy the guarantees provided for in Convention No. 87, and in particular the right to establish organizations, the Committee indicated that it expected that the authorities would take full account of this principle in their ongoing examination of the right to organize of employees of public bodies employed under the administrative service contract system, and that the Government’s decision would be taken without delay and would enable the Coronel Portillo Municipal Services Workers’ Trade Union to obtain registration. The Committee urged the Government to keep it informed in this regard [see 357th Report, para. 892].
2. 136. In communications of 29 September and 20 October 2010, the Government indicates that the Constitutional Court ruled that the special arrangements governing administrative service contracts established by Legislative Decree No. 1057 are constitutional, recognizing the right of the workers governed by these arrangements to organize and to strike. Furthermore, this ruling provided that the State of Peru should regulate these arrangements and deemed it necessary to set limits on the recruitment of staff under these arrangements, establishing criteria that are reasonable in that regard.
3. 137. The Committee takes note of this information with satisfaction and trusts that the Government will take with immediate effect the necessary measures to register the Coronel Portillo Municipal Services Workers’ Trade Union.