Effect given to the recommendations of the committee and the Governing Body - Report No 310, June 1998

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

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

1. 44. In its previous examination of the case, the Committee requested the Government to provide its comments regarding certain observations of the complainant organization (the Single Trade Union of Technicians and Specialized Auxiliaries of the Peruvian Social Security Institute -- SUTAEIPSS) formulated in its communication of 12 September 1997 (see 308th Report, para. 64). Subsequently, that organization sent new communications dated 10 November 1997, 24 and 30 January and 14 February 1998 (in the last of these, the complainant requested the Committee to confine itself to giving an opinion on matters relating to collective bargaining).
2. 45. SUTAEIPSS indicates that its 1997 claims have not been settled and the Government has awarded a 16 per cent pay rise to workers at the Peruvian Social Security Institute; this pay rise was implemented as a result of the Union's struggle. However, the Institute has not set up the joint committee and has chosen to grant the pay increase separately from the 1997 claims. The Union adds that it has transmitted its list of claims for 1998 to the Institute and it is to be expected that the situation of 1997 will be repeated. The complainant hopes that public servants will be guaranteed the right to engage in collective bargaining as part of the current reform of the Act concerning collective labour relations. The complainant also notes that there has been an improvement in relations between the Union and the Institute and that other issues have been resolved.
3. 46. In its communications of 29 December 1997 and 10 March 1998, the Government states that the delay in the collective negotiations was caused by the complainant. According to the Government, it was these negotiations that resulted in the 16 per cent pay rise for workers at the Institute. Furthermore, national legislation guarantees the rights set out in Conventions Nos. 87 and 151.
4. 47. The Committee takes note of the complainant's allegations and the Government's statements. It notes with interest that the dialogue and talks between SUTAEIPSS and the Peruvian Social Security Institute made implementation of the 16 per cent pay rise possible and that the Union emphasizes the improvement that has taken place in its relations with the Institute. However, the Committee notes that the talks between the parties appear to have arisen informally, that the complainant's concern at the moment is the establishment of the joint committee and to ensure that current reforms to the Act concerning collective labour relations create a legal framework in which collective bargaining between the parties can take place satisfactorily. Under these circumstances, the Committee requests the Government to examine the reasons for which the joint committee has still not been set up and to take measures to promote collective bargaining for 1998 at the Institute.