Effect given to the recommendations of the committee and the Governing Body - Report No 331, June 2003

Case No 2098 (Peru) - Complaint date: 14-AUG-00 - Closed

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

1. 64. The Committee last examined this case at its meeting in November 2002 [see 329th Report, paras. 123-126]. On that occasion, it requested the Government: (1) to keep it informed of any legal proceedings connected with the dismissals of the union official Hipólito Luna Melgarejo (of the trade union of the Agroindustrial San Jacinto SA enterprise) and of the Secretary-General and six leaders of the Single Trade Union of Workers of the Agroindustrial Laredo SA enterprise; (2) to investigate without delay the dismissals of Carlos Alberto Paico and Alfredo Guillermo de la Cruz Barrientos (members of the Board of the Trade Union of Workers of the Industrial Nuevo Mundo Company) and of that union’s members and former leaders, Alfonso Terrones Rojas and Zósimo Riveros Villa, and, if it were found that they were dismissed because of their trade union activities, to take measures to ensure their reinstatement in their posts; and (3) with regard to the need to amend legislation with a view to reducing the number of workers required by law to constitute non-enterprise trade unions, to keep it informed of progress made with the proposed law to amend the Collective Labour Relations Act which would set at 20 the minimum number of workers in an enterprise trade union and 50 for other types of union.
2. 65. In a communication dated 1 January 2003, the Government states that: (1) the Congress has passed Act No. 27912 amending the Collective Labour Relations Act, and that the Act in question amends section 14, among others, of Act No. 25593, by specifying that in order to be established and remain in existence, trade unions must have at least 20 members at the enterprise level or 50 at some other level; and (2) there are no judicial proceedings under way in relation to the dismissals of Hipólito Luna Melgarejo and the other officials of the Single Trade Union of Workers of the Agroindustrial Laredo SA enterprise.
3. 66. The Committee notes with satisfaction the information concerning the amendment to the Collective Labour Relations Act, which refers to the minimum number of workers required to set up enterprise trade unions or other types of trade union. The Committee once again requests the Government to take steps to investigate the dismissals of Carlos Alberto Paico and Alfredo Guillermo de la Cruz Barrientos (members of the Board of the Trade Union of Workers of the Industrial Nuevo Mundo Company) and of union members and former leaders of that union, Alfonso Terrones Rojas and Zósimo Riveros Villa, and, if it finds that they were dismissed because of their trade union activities, to take measures to ensure their reinstatement in their posts. The Committee requests the Government to keep it informed in this regard.