Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

Case No 2866 (Peru) - Complaint date: 28-APR-11 - Closed

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

1. 112. At its June 2012 meeting, the Committee made the following recommendations on the matters still pending [see 364th Report, para. 875]:
   • (a) The Committee requests the Government, in keeping with its offer to the union, to make representations to the Ministry of the Economy and Finance for consideration of approval of a wage increase for the inspectors and to keep it informed in this respect.
   • (b) The Committee requests the Government to send its observations on the union’s affirmation that various leaders were on union leave during the obligatory secondment ordered by the Ministry.
   • (c) The Committee once again requests the Government to take steps to modify the law so that the decision to declare a strike illegal lies not with the administrative authority but with an independent body which has the confidence of the parties involved.
2. 113. In its communications dated 24 August 2012 and 15 January and 30 April 2013, the Government states with regard to recommendation (a), that, in the context of arbitration proceedings arising from collective bargaining, on 23 March 2012, the designated arbitration tribunal issued a ruling on the dispute between the MTPE Labour Inspectors’ Union and the Ministry of Labour and Employment Promotion (MTPE), whereby the following benefits are granted: (a) inspection bonus: the equivalent of nine times the living wage, which amounts to 6,075 nuevos soles (PEN) per worker, to be paid in December each year, for the performance of duties; (b) closure bonus: a one-off payment of PEN10,000 on completion of collective bargaining (approximately PEN2.35 million to be paid by the Ministry of Labour); (c) mobility allowance: PEN15 per inspector per day for travel to work (as at December 2012, some PEN3 million were needed); (d) food allowance: PEN12 per inspector per day for lunches (as at December 2012, the Ministry of Labour needed to budget about PEN2.5 million); (e) holiday allowance: PEN1,000 when going on vacation (the Ministry of Labour needs to budget about PEN0.65 million for holiday allowances for two periods).
3. 114. The Government adds that further to the necessary steps having been taken by the Planning and Budget Office, by multiple memorandum No. 089 2012 MTPE/4/9 (of 25 July 2012), the budget has now been approved for payment of the closure bonus granted in the arbitration award referred to above; the respective bonus was paid to unionized inspection staff in July 2012. As regards other benefits granted by the award, the corresponding departments of the Ministry are taking the appropriate measures. The Government further indicates that there has been a partial appeal against the arbitration award due to infringement of the budgetary law, and that the tribunal has temporarily suspended the contested clauses of the award and will subsequently issue a decision.
4. 115. The Committee notes this information and requests the Government to keep it informed concerning the decision of the judicial authority.
5. 116. With regard to recommendation (b), the Government states that there have been cases such as those that occurred between 22 and 25 March 2011, in which trade union leave was requested one day in advance, and not 48 hours in advance as required by the administrative procedure with a view to the appropriate planning of inspection activities and visits, which includes the reservation of tickets, the payment of travel expenses, and various coordination measures, as in the case of other workers. At present, the trade unions are abiding by these criteria.
6. 117. The Committee notes this information.
7. 118. With regard to recommendation (c), the Government states that the Committee’s request concerning reform of the legislation with respect to declaring a strike illegal is being taken into consideration in the General Labour Bill. Moreover, the draft amended regulations implementing the Collective Labour Relations Act seek to make it clear that, in the case of workers employed in the public sector system, the decision to declare a strike illegal is made by the authorized representative for the corresponding sector; this declaration must be made on the basis of a verification of validity undertaken by the labour administrative authority. The Committee reminds the Government, in accordance with its previous recommendations, that the draft amended regulations should stipulate that the decision to declare a strike legal or illegal should lie with a body which is independent from the parties involved, for example the judicial authority, and should not lie with administrative bodies – even one such as the labour administrative authority – as provided for by the aforementioned draft.
8. 119. Lastly, the Committee notes the communication dated 25 June 2012 from the Autonomous Confederation of Peruvian Workers concerning sanctions against three trade unionists, and observes that, according to the Government’s communication dated 30 April 2013, these sanctions have not been enforced.