Effect given to the recommendations of the committee and the Governing Body - Report No 405, March 2024

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

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

1. 47. The Committee last examined this case, which concerns allegations of violations of freedom of association and collective bargaining in companies in the fishing, mining and textile sectors, at its March 2016 meeting [see 377th Report, paras 54–57]. On that occasion, with regard to the matters still pending, the Committee requested the Government to keep it informed of the outcome of the judicial proceedings under way relating to the dismissal of certain trade unionists by the fishing company CFG Investment SAC (hereinafter “the fishing company”). Similarly, regretting not having received information on the continuity of the activities of the company Textiles San Sebastian SAC (hereinafter “the textile company”), the Committee requested the Government to continue conducting investigations in this respect and, if the reinstatement of the trade union officials and workers dismissed by this company was not possible, to ensure that they receive legal indemnities and compensation constituting a sufficiently dissuasive sanction against anti-union dismissals.
2. 48. By communications dated 5 October 2018, 19 April 2023 and 22 January 2024, the Government provides information on the outcome of the judicial proceedings initiated against the fishing company concerning the aforementioned dismissals of trade unionists. According to this information: (i) the complaint for annulment of the dismissal of Mr Rodolfo Toyco was declared founded in both first and second instance, and the cassation appeal lodged by the company on 19 January 2024 against the last instance judgment is still pending; (ii) the claims for annulment of the dismissal of Mr Juan Germán Cáceres and Mr Ángel Maglorio were declared founded in the first and second instance, and they were reinstated by the company in their posts on 14 October 2014 and 3 December 2015 respectively, while the settlement and payment of their accrued wages remain pending; and (iii) the claims for annulment of the dismissal of Mr Primitivo Ramos and Mr Segundino Flores were declared founded in the first and second instance. With regard to this last point, and taking into account the information available in the section on judicial files on the website of the Peruvian judiciary, the Committee notes that: (a) since 2023, actions are taken before the competent specialized labour court in order to reinstate Mr Primitivo Ramos in his post under the conditions established in the corresponding judgment; and (b) the fishing company summoned Mr Segundino Flores by means of letters to reinstate him in his post; however, this worker finally opted to terminate his employment relationship in 2023.
3. 49. With regard to the continuity of the textile company’s activities, the Government, by communication dated 5 October 2018, provided a copy of resolution No. 12449-2013/CCO-INDECOPI of 21 October 2013, in which the Insolvency Proceedings Commission of the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) resolved to place the referred company into insolvency proceedings, which is aimed at paying the textile company’s creditors subject to certain conditions, since it is economically and financially impossible for the company to meet all its debts. By the same communication, the Government submitted official letter No. 861-2018-MTPE/4/10, informing the appointment of a liquidator for the textile company and indicating that the liquidator had confirmed that the textile company was in the process of dissolution and liquidation under the aforementioned insolvency proceedings. In this respect, the Committee notes that, according to the information available on the INDECOPI’s insolvency information system website, the textile company’s insolvency proceedings were concluded by resolution No. 2216-2022/CCP-INDECOPI of 14 June 2022. The Committee also notes that among the labour creditors who participated in the proceedings were two of the workers (Mr Michael Martínez Arias and Mr César Cajo Rivas) whose dismissal was denounced as anti-union by the complainants in their complaint.
4. 50. The Committee takes due note of the information provided by the Government and of the information available on the website of the Peruvian judiciary concerning the outcome of the judicial proceedings relating to the dismissals by the fishing company of the above-mentioned trade unionists. The Committee notes with interest that several workers have already been reinstated in their posts while cases concerning other workers are still pending. The Committee trusts that the cassation appeal lodged in the proceedings concerning the dismissal and subsequent reinstatement of Mr Toyco will be concluded shortly and that the Government will continue to take the necessary measures to ensure full compliance with the court judgments rendered, including with regard to the payment of accrued wages to these workers.
5. 51. The Committee also takes note of the information provided by the Government, as well as of that available on the INDECOPI’s insolvency information system on the liquidation and extinction proceedings concerning the textile company, which were completed in 2022. Recalling that in 2008 the labour inspectorate had confirmed the anti-union nature of various measures adopted by the textile company and imposed the corresponding fine, the Committee trusts that the liquidation and extinction of this company did not hinder the timely adoption by the competent authorities of the measures necessary for compensating the workers affected by the aforementioned anti-union measures, including the payment of legal indemnities and adequate compensation to those who were dismissed.
6. 52. On the basis of the foregoing and having received no information from the complainant organizations since 2009, the Committee considers this case closed and will not pursue its examination.