Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

The Committee notes the Government's report and the comments of the Unitary Union of Technical and Auxiliary Specialists of the Institute of Social Security of Peru (SUTAEIPSS) and recalls its previous comments which referred to the following:

-- the denial of the right to organize by jurisdictional auxiliaries of the Judiciary (Legislative Decree No. 768, 11th part);

-- the power of the labour authority, in the event of a strike in essential services, to determine minimum service in the event of disagreement (section 82 of the Act in force).

With regard to the denial of the right to organize, the Committee notes the Government's statement and wishes to emphasize that, although this category of workers is considered as holding positions of trust by the legislation, jurisdictional auxiliaries should have the right to establish their own organizations to defend their interests and again requests the Government to adopt the necessary measures to ensure that the legislation recognizes this right for jurisdictional auxiliaries.

In respect of the second point, the Committee notes with interest that the final paragraph of section 78 of the new draft text entitled the "Amended Text of the Industrial Relations Act" (drafted by the Chairman of the Labour and Social Security Committee of the National Congress) establishes, similarly to the previous Bill, that where there is disagreement in respect of the number and occupation of workers to provide a minimum service, the trade union organization may refer the matter to an industrial tribunal to resolve the disagreement.

Nevertheless, the Committee notes that the Amended Text envisages various provisions which might give rise to difficulties in complying with the Convention, namely:

-- the requirement to include not less than five trade unions registered in the same branch of activity in order to establish a federation, and not less than ten registered federations to establish a confederation (section 10). This requirement is excessive and could, in practice, restrict the right of trade unions to establish higher-level organizations;

-- the restriction on trade union organizations to carry out or encourage activities which are contrary to "... the established order or good customs" (section 12(d)), such expressions may be susceptible to a wider interpretation than is intended and should therefore be repealed;

-- the dissolution of a trade union (section 27), in the case of the merger of an enterprise (section 27(b)) or the carrying out of activities which are contrary to the "... the public order or good customs" (section 27(e)); with regard to the first provision, the right to defend the trade union concerned before the courts should be guaranteed, whereas it is suggested that the second provision is repealed for the reasons mentioned above;

-- with regard to the intervention of the Executive Power where a collective dispute exceeds a certain duration, seriously disrupting an enterprise or production centre, degenerates into acts of violence or, assumes serious characteristics by the magnitude and consequence of the collective dispute (section 68), it is suggested that this provision is amended to provide for the intervention of the authorities to order the return to work and to impose compulsory arbitration, only in cases of acute national crises or when the life, personal safety or health of the population are endangered;

-- with regard to the requirement that a strike may only be called when its objective is to defend workers' rights and occupational interests (section 73(a)), it is suggested that the term "economic and social" replace "occupational" to bring it into conformity with the comment made in respect of section 11(a) of the act in force;

-- with regard to the requirement for a ballot to agree the basis for the calling of a strike by the trade union organization or association, which must be adopted by an absolute majority of workers (section 74), such a requirement may restrict this right in practice and should therefore be abolished;

-- with regard to the illegality of strikes which entail violence to goods or persons (section 80(a)), it is suggested that the adjective "serious and general" should be added before "violence";

-- with regard to the administrative authority to declare a strike in the public service illegal (section 81), it would be desirable for the authority to be the judicial authority;

-- finally, it would be desirable that the law provides explicitly for the right of federations and confederations to call a strike.

In respect of the comments of SUTAEIPSS, concerning the obligation of public servants to request in writing the deduction of trade union dues and to renew the request annually to enable the employer to make deductions (section 1 of Presidential Decree No. 044-97-PCM), the Committee hopes to receive the Government's comments in this regard.

The Committee trusts that the Amended Text of the Industrial Relations Bill will take into account the above comments and will be adopted in the near future. The Committee requests the Government to inform it in its next report on any progress achieved in this respect.