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

Case No 1944 (Peru) - Complaint date: 30-OCT-97 - Closed

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

1. 68. The Committee last examined this case, concerning an anti-union dismissal, at its meeting in March 2000 [see 320th Report, paras. 61-65]. On that occasion, the Committee was still waiting for information on the measures taken to reinstate the leader of the FNTPJ, Mickey Juán Alvarez Aguirre, in his job without loss of vested rights.
2. 69. In a communication of 18 January 2001, the Government informs the Committee that Mr. Alvarez Aguirre was not reinstated following refusal to grant trade union leave, because the judicial authorities are in the process of reorganization required by law. The trade union leader’s disregard for the orders of a superior and abandoning of his workplace resulted in administrative proceedings (the final report of which is supplied by the Government), at the end of which it was decided not to reinstate him, since his dismissal had been based on a serious misdemeanour which, under existing regulations, is deemed sufficient reason for dismissal.
3. 70. The Committee notes this information with regret, and recalls that dismissal of trade union officials by reason of union membership or activities is contrary to Article 1 of Convention No. 98, and could amount to intimidation aimed at preventing free exercise of their trade union functions.