Report in which the committee requests to be kept informed of development - Report No 337, June 2005

Case No 2286 (Peru) - Complaint date: 05-MAY-03 - Closed

Allegations: The complainant alleges that, as a result of the establishment of a trade union at Petrotech Peruana S.A., the enterprise dismissed the General Secretary and various workers who belonged to the trade union organization and furthermore filed a criminal complaint against the General Secretary of the trade union for having allegedly forged documents

1113. The Committee examined this case at its March 2004 meeting and presented an interim report to the Governing Body [see 333rd Report, paras. 863-877, approved by the Governing Body at its 289th Session (March 2004)].

1. 1114. The Government sent its observations in a communication dated 12 January 2005.
2. 1115. Peru has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 1116. At its March 2004 meeting, on examining allegations that refer mainly to dismissals and acts of intimidation to force workers into leaving the trade union, the Committee made the following recommendations [see 333rd Report, para. 877]:
   • (a) As regards the alleged intimidation of workers at Petrotech Peruana S.A. into leaving the trade union, the Committee requests the Government to conduct an independent investigation without delay into these allegations and to send its observations in this regard, as well as to punish the guilty parties if the allegations are found to be true.
   • (b) With reference to the dismissal of Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at the enterprise, the Committee requests the Government to provide further information on the alleged serious misconduct and the acts allegedly committed by the trade union officer in question and which led to his dismissal, as well as information on the outcome of the legal proceedings and, should the legal authority conclude that his dismissal was unjustified, to guarantee that Mr. Leonidas Campos Barrenzuela be reinstated in his job, without loss of pay.
   • (c) As regards the criminal complaint against Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at Petrotech Peruana S.A., for having allegedly forged documents, the Committee requests the Government to keep it informed of the outcome of the criminal investigation under way.
   • (d) The Committee notes with regret that the Government failed to send its observations on the allegations of dismissal of various workers who belonged to the trade union for alleged serious misconduct, with the sole aim of weakening the new trade union, and requests the Government to conduct an independent investigation into this matter and, should it conclude that the workers in question were dismissed owing to their membership of the trade union recently established at the enterprise, to take measures so that they are reinstated in their jobs, without loss of pay.

B. The Government’s reply

1. 1117. In its communication dated 12 January 2005, the Government reports that, on 6 July 2004, the Legal Adviser’s Office of the Ministry of Labour and Employment Promotion sent official letter No. 265-2004-MTPE/OAJ to the 20th Labour Court of Lima, requesting the relevant information regarding the progress of the appeal against dismissal lodged by Mr. Leonidas Campos Barrenzuela against the Petrotech Peruana S.A. enterprise. On 9 July 2004, the 20th Labour Court of Lima sent the requested information, indicating that the aforementioned appeal was admitted by means of court decision No. 1 on 14 January 2003, and that it expected a ruling in favour of the claimant (which was issued on 30 January 2004). Furthermore, the ruling has been upheld by decision No. 24 of 12 April 2004. However, given the fact that the enterprise failed to comply with the ruling, court decisions Nos. 25 and 26 were issued ordering it to reinstate the claimant in his job, calling upon the Judge of Talara to implement this reinstatement order.

C. The Committee’s conclusions

1. 1118. The Committee observes firstly that the Government has only sent information concerning one of the pending allegations. The Committee therefore regrets the Government’s lack of cooperation with regard to this case, which concerns acts alleged to have taken place more than three years ago.
2. 1119. With regard to the dismissal of Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at the Petrotech Peruana S.A. enterprise, concerning which the Committee had requested the Government to provide further information on the alleged serious misconduct and the acts allegedly committed by the trade union officer in question and which led to his dismissal, as well as information on the outcome of the legal proceedings currently under way, the Committee notes that the Government reports that on 30 January 2004 the judicial authority ruled in favour of the worker ordering that he be reinstated in his job, and has requested the Judge of Talara to take measures in this respect. In these circumstances, the Committee requests the Government to ensure compliance with the court order to reinstate trade union leader Mr. Leonidas Campos Barrenzuela in his job.
3. 1120. As regards the criminal investigation against Mr. Leonidas Campos Barrenzuela for having allegedly forged documents, which began on 15 April 2003, the Committee trusts that this investigation will soon be completed and requests the Government to keep it informed its outcome.
4. 1121. As regards the alleged intimidation of workers at Petrotech Peruana S.A. into leaving the trade union, the Committee urges the Government to ensure that workers at the enterprise are not subject to pressure or threats owing to their membership of the trade union.
5. 1122. Finally, as regards the alleged dismissal of various workers who belonged to the trade union at the Petrotech Peruana S.A. enterprise for alleged serious misconduct, with the sole aim of weakening the new trade union, the Committee had requested the Government to conduct an independent investigation into this matter and, should it conclude that the workers in question were dismissed owing to their membership of the trade union recently established at the enterprise, to take measures so that they are reinstated in their jobs without loss of pay. While regretting the fact that the Government has not sent information on the subject, the Committee reiterates its previous recommendation. The Committee requests the Government to keep it informed in this respect without delay.

The Committee's recommendations

1. 1123. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to ensure compliance with the court order to reinstate Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at the Petrotech Peruana S.A. enterprise, in his job.
   • (b) As regards the criminal investigation against Mr. Leonidas Campos Barrenzuela for having allegedly forged documents, which began on 15 April 2003, the Committee trusts that this investigation will soon be completed and requests the Government to keep it informed of its outcome.
   • (c) As regards the alleged intimidation of workers at Petrotech Peruana S.A. into leaving the trade union, the Committee requests the Government to ensure that the workers of the Petrotech Peruana S.A. enterprise are not subject to pressure or threats owing to their membership of the trade union.
   • (d) As regards the alleged dismissal of various workers who belonged to the trade union for alleged serious misconduct, with the sole aim of weakening the new trade union, the Committee once again requests the Government to conduct an independent investigation into this matter and, should it conclude that the workers in question were dismissed owing to their membership of the trade union recently established at the enterprise, to take measures so that they are reinstated in their jobs, without loss of pay. The Committee requests the Government to keep it informed in this respect without delay.