Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Pérou (Ratification: 1980)

The Committee notes the observations by the General Confederation of Workers of Peru (CGTP), received on 22 September 2014, concerning the following points relating to the Civil Service Act, No. 30057: (i) the exclusion from the guarantees afforded by the Convention of excessively broad categories of state workers by section 40 of the Act; (ii) the failure of the Act to recognize trade union rights, and the absence of an administrative authority that can investigate violations and order the cessation of anti-union acts; and (iii) the absence of consultation with representative trade union organizations in the formulation of the Act and its regulations. The Committee requests the Government to provide its comments on these matters.

Article 4 of the Convention. Protection against anti-union discrimination. The Committee notes that section 52 of the General Regulations issued under the Civil Service Act, No. 30057 (Supreme Decree No. 040-2014-PCM), provides that civil servants shall enjoy protection against any act of discrimination likely to prejudice freedom of association in relation to their employment, that the employment of a public servant may not be conditional on their membership, non membership or renunciation of membership, and they shall not be obliged to become members of a union, nor be prevented from doing so, and that termination of their employment based on such grounds shall be declared invalid. Noting that section 52 of the General Regulations only explicitly provides that termination of employment for anti-union reasons shall be invalid, the Committee requests the Government to provide information on the legal consequences and penalties applicable for other anti-union acts which have the effect of prejudicing public employees in their employment (such as transfer, demotion, etc.).

Application of the Convention in practice. The Committee notes the Government’s reply to the observations made in 2009 by the CGTP, the Single Confederation of Workers, the Autonomous Confederation of Workers of Peru and the National Coordination of Contract Workers of the Ministry of Health concerning the exercise of the trade union rights of public workers engaged under administrative service contracts (CAS). The Committee notes the Government’s indication that, under the terms of the new Civil Service Act, the trade union rights are recognized of all public servants, with the exception of public officials, directors in the public service and employees in confidential positions. In this respect, the Committee also notes the observations made by the Confederation of Workers of Peru (CTP), received on 29 August 2014, indicating that workers engaged under CAS are unable to exercise the trade union rights recognized in the Act due to the permanent employment instability which characterizes their contractual situation and the deep-rooted vulnerability that they suffer in relation to their hierarchical superiors. The Committee requests the Government to engage in dialogue on this subject with the trade union organizations of the public sector and to report the outcome.