Effect given to the recommendations of the committee and the Governing Body - Report No 370, October 2013

Case No 2910 (Peru) - Complaint date: 21-OCT-11 - Closed

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

1. 72. At its March 2013 meeting, the Committee made the following recommendations on the matters still pending [see 367th Report, para. 1074]:
   • (a) The Committee requests the Government to keep it informed of the administrative decision handed down in respect of the disciplinary proceedings brought against: (1) the union member David Coloma on 27 December 2011 for the alleged irregular payment of 18,081.24 soles for social security contributions and bonuses for July and December 2009 to employees of the National Library; (2) the union member Patxi Sarmiento Vidal for the alleged illegal payment of bonuses and for acts related to the recruitment of staff; and (3) the union members Delia Córdova and Ana María Maldonado for acts relating to the recruitment of staff.
   • (b) As regards the facilities that workers’ representatives should enjoy for the proper exercise of their functions, the Committee suggests that the modalities for the use of the email system by the trade union be a matter for negotiation between the parties.
2. 73. In its communication of 3 May 2013, the Government informs the Committee that, in relation to recommendation (a), a national directorial resolution, dated 3 February 2012, nullified national directorial resolutions Nos 130 and 131-2011 of the National Library of Peru, dated 21 and 22 December, respectively, thus deferring prescription of the decision to institute administrative disciplinary proceedings against the public servants David Jorge Coloma Santibañez, Paxy Paola Sarmiento Vidal, Delia Elvira Córdova Pintado and Ana María Maldonado Castillo. As regards recommendation (b), the Government states that the National Directorate of the National Library of Peru has decided to take into account the recommendation of the Committee on Freedom of Association, since its Directorate-General of Administration and the Technical Development Department consider that the modalities for the use of the email system are a matter for negotiation between the organization and the trade union associations of the National Library of Peru.
3. 74. The Committee notes this information with interest and expects that the parties will reach an agreement on the modalities for the use of the email system at the National Library of Peru in the near future.