Effect given to the recommendations of the committee and the Governing Body - Report No 367, March 2013

Case No 2724 (Peru) - Complaint date: 18-MAY-09 - Closed

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

1. 90. The Committee last examined this case at its November 2011 meeting [see 362nd Report, paras 150–153] and on that occasion requested the Government to keep it informed regarding any decision handed down relating to the amparo proceedings instituted by the trade union leaders, Ms Cecilia Grados Guerrero and Ms Carmen Chávez Cabrera, against the administrative decision imposing on them the sanction of a five-month suspension without pay. Furthermore, the Committee once again requested the Government to ensure that the State Health Service (ESSALUD) continued to deduct trade union dues from the members of the National Union of State Health Service Nurses (SINESSS) that had requested it.
2. 91. In its communications of 24 February, 4 May and 21 August 2012, the Government states that: (1) in the case of Ms Carmen Chávez Cabrera, the Fifth Civil Court of Lima upheld the petition and ordered that the sanction of a five-month suspension without pay should be overturned, the Civil Chamber for Lima upheld the ruling and an appeal against it was lodged with the Constitutional Court; (2) in the case of Ms Irma Cecilia Grados Guerrero, the petition was rejected; and (3) with regard to the alleged withholding of union dues, ESSALUD is deducting union dues from the members of SINESSS.
3. 92. The Committee takes note of this information and requests the Government to keep it informed of any ruling handed down by the Constitutional Court in the amparo proceedings instituted by Ms Carmen Chávez Cabrera.