Effect given to the recommendations of the committee and the Governing Body - Report No 377, March 2016

Case No 2533 (Peru) - Complaint date: 06-NOV-06 - Closed

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

1. 54. The Committee last examined this case at its June 2013 meeting and on that occasion it made the following recommendations [see 368th Report, paras 94 and 95]:
   • The Committee requests the Government to continue conducting its investigations with regard to the enterprise Textiles San Sebastián SAC and to ensure that all the dismissed trade union officials and workers receive the legal indemnity and compensation constituting a sufficiently dissuasive sanction against anti-union dismissals.
   • [At its November 2012 session, the Committee yet again urged the Government to ensure that the enterprise Textiles San Sebastián SAC still exists, and if it does, to take the necessary measures without delay to ensure that the enterprise reinstates the dismissed officials and workers with the payment of wage arrears, recognizes the union, rectifies the anti-union measures taken against it, refrains from adopting any such measures in the future and encourages collective bargaining between the parties. If reinstatement is not possible for objective and compelling reasons, the Committee urged the Government to ensure that the workers concerned received adequate compensation so as to constitute a sufficiently dissuasive sanction against anti-union dismissals (see 365th Report, para. 129)].
   • The Committee notes that the Government reports on the progress of the judicial proceedings concerning the dismissal of the trade unionists of CFG Investment, which are still pending resolution (Mr Abel Antonio Rojas, Mr Rodolfo Toyco Cotrina, Mr Primitivo Ramos, Mr Marco Antonio Matta and Mr Juan Germán Cáceres) and requests to be kept informed in that regard, and five cases which are under appeal (Mr Ángel Maglorio, Mr Alfredo Flores, Mr Segundino Flores, Mr Alex Javier Rojas and Mr Roberto Juan Gargate).
2. 55. In its communications of 2013 and 2014, the Government provides detailed information on the progress of the judicial proceedings initiated by the dismissed workers against CFG Investment. Specifically, it states the following: (1) in judgment No. 696-2011, the Supreme Court of Justice ordered the reinstatement of Mr Abel Antonio Rojas and the payment of the wages due and the interest accrued; (2) the case relating to Mr Rodolfo Toyco Cotrina is currently under way, the ruling handed down in the first instance upholding the petition having been annulled. Moreover, in Resolution No. 13, of 3 March 2014, the Lima Higher Court of Justice ordered the presentation of evidence as provided for by law; (3) the case relating to Mr Primitivo Ramos is currently pending awaiting the provision of evidence by the enterprise that will allow the 17th Specialized Labour Court to hand down a judgment; (4) the ruling upholding the petition submitted by Mr Marco Antonio Matta has been confirmed and the parties were notified of its implementation on 12 May 2014; and (5) as to the case relating to Mr Juan Germán Cáceres, the claimant has lodged a cassation appeal, with the case scheduled to be heard on 18 June 2014.
3. 56. As to the five cases which are under appeal, the Government states the following: (1) with regard to Mr Ángel Maglorio, the claimant lodged a cassation appeal, with the case scheduled to be heard on 12 June 2014; (2) the case relating to Mr Alfredo Flores is currently at the enforcement stage, the claimant was reinstated on 4 September 2013 and the wages due and appropriate statutory interest were calculated; (3) the case relating to Mr Segundino Flores is currently pending awaiting the issuing of a report on the basis of which a judgment will be handed down; (4) the case relating to Mr Alex Javier Rojas is currently at the enforcement stage; the claimant was reinstated in line with a reinstatement order dated 16 September 2013 and, on 3 January 2014, a court-recognized expert was commissioned to oversee the payment of the wages due and the statutory interest; and (5) the case relating to Mr Roberto Juan Gargate is currently at the enforcement stage; the worker was reinstated in the light of cassation ruling No. 2737-2012, and expert report No. 10-14 MGA on the payment of the wages due has been prepared.
4. 57. The Committee notes with satisfaction the Supreme Court of Justice judgments ordering the reinstatement of the trade unionists Mr Abel Antonio Rojas, Mr Marco Antonio Matta, Mr Alfredo Flores, Mr Alex Javier Rojas and Mr Roberto Juan Garate. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings relating to the dismissal of a number of other trade unionists of CFG Investment which are still pending (Mr Rodolfo Toyco Cotrina, Mr Primitivo Ramos, Mr Juan Germán Cáceres, Mr Ángel Maglorio and Mr Segundino Flores). Finally, the Committee regrets that it has not received information on the enterprise Textiles San Sebastián SAC and requests the Government to continue conducting its investigations and to ensure that all the dismissed trade union officials and workers receive the legal indemnity and compensation constituting a sufficiently dissuasive sanction against anti-union dismissals.