Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

Case No 2533 (Peru) - Complaint date: 06-NOV-06 - Closed

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

1. 125. When it last examined the case, in June 2011, the Committee made the following recommendations on matters that were still pending [see 360th Report, para. 943]:
   • (a) The Committee requests the Government to keep it informed of the outcome of the action for wrongful dismissal initiated by the trade union official Mr Wilmert Medina against the enterprise San Fermín SA (subsequently taken over by another enterprise).
   • (b) As regards the alleged dismissal by the company CFG Investment SAC of eight members of the executive committee, the members of the committee negotiating the list of claims, and 11 union members who had been reinstated and then dismissed again, the Committee notes that according to the Government, four union members have been reinstated and the others have initiated judicial proceedings. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings initiated following the dismissal of union officials and members working at the company, and expects that the judicial authority will give a ruling on those dismissals without delay.
   • (c) Lastly, with regard to the allegations presented by the CGTP (non-recognition of the Single Union of Workers of Textiles San Sebastián SAC, refusal to apply the check-off facility for the collection of union dues, refusal to provide a notice board, refusal to bargain collectively, outsourcing of production with a view to restricting the exercise of freedom of association, transfer of unionized workers, and dismissal of the union’s General Secretary, secretary for workers’ rights, and another member), the Committee notes that fines have been imposed on the enterprise as a result of the complaints that have been lodged, and instructions have been issued regarding their collection (including a recent fine for obstructing the activity of the labour inspectorate), but expresses its concern that according to the Government’s annexes, a labour inspection visit at the company’s premises on 13 January 2010 found that there was no activity at the premises in question. The Committee, as it did in its previous examination of the case, once again urges the Government to establish whether the company in question still exists and, if so, to take the necessary measures without delay to ensure that the enterprise reinstates the dismissed officials and workers with the payment of wage arrears, recognizes the union, rectifies the anti union measures taken against it, refrains from adopting any such measures in the future, and encourages collective bargaining between the parties. The Committee requests the Government to keep it informed of any measures adopted in that regard.
2. 126. In its communication of 23 September 2011, referring to recommendation (a) by the Committee, the Government states that the wrongful dismissal claim filed by the trade union official Mr Wilmert Medina against the enterprise San Fermín SA is pending settlement in the court of last resort. The Committee requests the Government to keep it informed in this regard.
3. 127. As to recommendation (b) concerning the alleged dismissal by the company CFG Investment SAC of members of the executive committee and union members, the Government provides information on the status of the judicial proceedings brought by dismissed workers against CFG Investment (ten workers in all). The Government reports in particular on a case before the court of last resort (Mr Abel Antonio Rojas), four cases in which judicial proceedings are under way (Mr Rodolfo Toyco, Mr Primitivo Ramos, Mr Marco Antonio Malta and Mr Juan Germán Cáceres), and five cases which are under appeal (Mr Ángel Maglorio, Mr Alfredo Flores, Mr Segundino Flores, Mr Alex Javier Rojas and Mr Roberto Juan Gargate).
4. 128. The Committee notes this information and requests the Government to report on the outcome of the judicial appeal and last instance proceedings concerning the trade unionists from CFG Investment SAC.
5. 129. Lastly, with regard to recommendation (c), in the absence of any information from the Government, the Committee reiterates its previous recommendation and once again urges it to ascertain whether the enterprise Textiles San Sebastián SAC still exists, and if it does, to take the necessary measures without delay to ensure that the enterprise reinstates the dismissed officials and workers with the payment of wage arrears, recognizes the union, rectifies the anti-union measures taken against it, refrains from adopting any such measures in the future and encourages collective bargaining between the parties. If reinstatement is not possible for objective and compelling reasons, the Committee urges the Government to ensure that the workers concerned receive sufficient and adequate compensation so as to constitute a dissuasive sanction against anti-union dismissals.