Effect given to the recommendations of the committee and the Governing Body - Report No 325, June 2001

Case No 1878 (Peru) - Complaint date: 09-APR-96 - Closed

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

1. 64. The Committee last examined this case, concerning inadequate collective bargaining between the Peruvian Social Security Institute and the Single Trade Union of Technicians and Specialized Auxiliaries of the Peruvian Social Security Institute (which now has the acronym SUTAESSALUD), at its meeting in June 1998 [see 310th Report, paras. 44?47]. On that occasion, the Committee observed that talks between the parties appeared to have arisen informally, and that the complainant’s concerns at that moment were the establishment of the joint committee and to ensure that reforms to the Act concerning collective labour relations created a legal framework in which collective bargaining between the parties could take place satisfactorily. Therefore, the Committee requested the Government to examine the reasons for which the joint committee had still not been set up, and to take measures to promote collective bargaining in 1998 at the Peruvian Social Security Institute.
2. 65. In its communication of 31 January 2001, the Government informs the Committee that the absence of pay increases in the public sector is not a violation of constitutional law or any ILO Convention. In particular, Emergency Decree No. 011-99 grants single productivity bonuses that are applicable to all ESSALUD workers. The Government also states, with regard to the coexistence of two systems of labour legislation in the public sector, one being private and the other public, that workers covered by the latter are protected by Convention No. 151, and that it promotes negotiations on conditions of employment between the relevant public authorities and civil servants’ organizations. Nonetheless, the Government states that bargaining should be restricted to general conditions of employment, excluding remuneration.
3. 66. In its communications of 5 July and 25 October 1999, SUTAESSALUD states that the Government grants a single productivity bonus to workers in the sector, subject to a number of requirements to be met in an evaluation. As a result of this practice, those who fail to meet the criteria are declared redundant, thus contributing to mass lay-offs, as well as restricting collective bargaining.
4. 67. The Committee notes this information with regret. Therefore, the Committee requests the Government to adopt measures to promote collective bargaining and points out that, according to the Committee of Experts, it is contrary to the principles of Convention No. 98 to exclude from collective bargaining certain issues such as those relating to conditions of employment, including remuneration. The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.