Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Perú (Ratificación : 1960)

The Committee recalls below the points it has emphasized in its previous comment and which require the adoption of specific measures to bring the legislation into full conformity with the Convention.

Article 3 of the Convention. Rights of organizations to organize their activities and formulate their programmes. Strikes by public officials. The Committee has been requesting the Government to revise section 81 of the General Regulations of the Civil Service Act, 2014, which prohibits atypical forms of strikes such as staggered stoppages, labour slowdowns, go-slow strikes or working to rule, the deliberate reduction in performance or any type of action in which public officials remain in the workplace or obstruct the entrance to the workplace. The Committee notes the Government’s indication that, with the aim of ensuring the revision of this section, the National Civil Service Authority (SERVIR) has held dialogue forums with the social partners on various aspects relating to the issues in the public service. The Committee notes that the Coordination of Trade Union Confederations of Peru indicates that the restriction referred to also extends to all sectors, in conformity with section 81 of the single consolidated text of the Collective Labour Relations Act. The Committee once again recalls that any work stoppage, however brief and limited, may generally be considered as a strike, and that restrictions in this respect can only be justified if the peaceful character of the action or respect for the freedom to work of non-strikers cannot be ensured. The Committee notes the dialogue forums indicated by the Government that SERVIR is holding with the social partners in the public sector, and requests it to consider taking measures to revise any legislation that explicitly prohibits atypical forms of strikes, in both the private and public sectors. The Committee requests the Government to provide information on any developments in this respect.

Replacement of striking workers in the education sector. The Committee previously requested the Government to engage in consultations with the relevant trade unions, with a view to revising the Regulations implementing Act No. 28988 declaring regular basic education to be an essential public service (Presidential Decree No. 017-2007-ED), to clarify the situations in which striking workers may be replaced and to ensure that such replacement may only take place in the event of strikes that are declared unlawful in conformity with the Convention. The Committee notes the indication by the mission in its report that the Ministry of Education (MINEDU) reported that the above Decree is still not in force and has been replaced by Presidential Decree No. 002-2025-MINEDU, published on 7 February 2025, regulating the recruitment of teaching personnel and authorizing the replacement of strikers. It also emphasizes that the text was disseminated to the Single Union of Peruvian Education Workers (on 19 September 2023) and to the Single Union of Contract Teachers of Lima (22 September 2023), with no objections registered in the lists of trade union claims concerning the regulation of the hiring of replacements during strikes. In this respect, MINEDU considers that it has complied with the Committee’s request by holding adequate prior consultation. The Government indicates that, to date, there has been no comment or request from the trade unions to amend the regulations on the hiring of teachers as replacements in the event of a strike or the suspension of the education system. The Committee notes that the Coordination of Trade Union Confederations indicates that, while the provisions of Presidential Decree No. 017-2007-ED establishing the register of substitute teachers have been repealed, the legislation currently regulating the recruitment of teachers, Presidential Decree No. 002-2023-MINEDU, also provides for the possibility of hiring teachers to replace strikers without specifying that this would only be possible in the event of strikes declared unlawful. In other words, it reiterates the wording of the repealed Decree, setting out that teachers who take part in a strike may be replaced by contract teachers, a situation that may occur even in strikes that have not been declared unlawful. The Coordination of Trade Union Confederations indicates that the fact that the Decree has been the subject of consultation with the trade unions in the sector does not exempt the Government from its obligation to align the legislation with the Convention. The Committee requests the Government, in renewed consultations with the representative organizations, to revise the Presidential Decree to specify the situations in which striking workers may be replaced, to ensure that such replacements may only take place in the event of strikes that are declared unlawful, in conformity with the guarantees of the Convention.