Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Peru (Ratification: 1980)

The Committee notes the observations of the Coordination of Trade Union Federations of Peru (which brings together the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT-Perú), the Autonomous Workers' Confederation of Peru (CATP) and the Confederation of Workers of Peru (CTP)), received on 1 September 2022, which concern issues that the Committee examines in this comment. The Committee notes the Government’s reply in this respect.

Article 7 of the Convention. Participation of public employees’ organizations in the determination of their terms and conditions of employment. Having noted with concern that the Civil Service Act No. 30057 (LCS) of 2013 contained provisions that excluded any machinery for participation, including collective bargaining, in the determination of matters relating to wages or with financial implications throughout the public sector, the Committee requested the Government to take the necessary measures to bring the legislation into conformity with the Convention, in order to ensure the existence, with regard to officials engaged in the administration of the State, of machinery for participation in the determination of their terms and conditions of employment, including remuneration and other subjects with financial implications. The Committee notes the Government’s indication that Act No. 31188 on collective bargaining in the public sector was published on 2 May 2021, which seeks to regulate the exercise of the right to collective bargaining of trade union organizations of state workers, and which includes all public employees engaged in the administration of the State. The Committee notes with satisfaction the adoption of the Act and observes that it:

• –establishes rules for the exercise of the right to collective bargaining in the public sector, and indicates that bargaining may comprise all types of work and employment conditions, including remuneration and other work conditions with financial implications, and any aspect relating to relations between employers and workers, and relations between employers’ and workers’ organizations; and
• –repeals various sections of the LCS, including sections 42, 43 and 44, which completely excluded collective bargaining in the determination of matters relating to wages or with financial implications throughout the public sector.

The Committee notes the Government’s indication that: (i) Supreme Decree No. 008-2022-PCM approving guidelines for the implementation of Act No. 31188, was published on 20 January 2022; (ii) the Act on the public sector budget for the fiscal year 2022 recognizes the financial increase agreed collectively; and (iii) a centralized collective agreement for 2022-23 was signed on 30 June 2022, which established significant agreements in favour of all state workers (with the exception of public servants on special career paths in health and education, who will bargain at the decentralized level within the sectors). The Committee noted with satisfaction the signing of this collective agreement in its comment on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

The Committee notes the indication of the trade union confederations that: (i) while the Act represents progress in the recognition and effectiveness of the financial negotiation of all types of employment conditions for public employees, difficulties relating to its application have been reported; (ii) even though the Act gives broad recognition to the right to collective bargaining, the Supreme Decree contains provisions that may affect collective bargaining, such as the possibility for employers to reject a list of demands if they consider that a trade union is not representative; (iii) public entities face the challenge of adopting effective measures to implement the Act, and, in this regard, the implementation of a national register of trade union membership to verify representativity remains pending; and (iv) the National Civil Service Authority (SERVIR) has issued binding decisions that contain a restrictive interpretation of the Act. The Committee notes the Government’s indication that, through its Executive Board, SERVIR aims to create and implement a space for trade union dialogue, to continuously and effectively address the demands of trade union organizations, by directing support and assistance to entities through the provision of creative and flexible solutions that bridge existing gaps and address labour demands, thus guaranteeing the optimization of services and products provided to the public. The Committee strongly encourages the Government to implement, within SERVIR, a space for dialogue in which the aforementioned concerns can be addressed, including the implementation of a reliable mechanism to verify trade union representativeness in collective bargaining. The Committee requests the Government to take the necessary measures to ensure that both the Act and the Supreme Decree are implemented in a manner that effectively guarantees, for all public employees engaged in the administration of the State who are covered by the Act, the full enjoyment and exercise of the rights recognized in these instruments and enshrined in the Convention. The Committee requests the Government to provide information on the impact of their application. The Committee also reminds the Government that the technical assistance of the Office is at its disposal.

The Committee is raising other matters in a request addressed directly to the Government.