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Right of Association (Agriculture) Convention, 1921 (No. 11) - Peru (RATIFICATION: 1945)

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The Committee notes the Government's reply to the observations of the Autonomous Workers' Confederation of Peru (CATP) of 2016. The Committee also notes the observations of the Coordination of Trade Union Federations of Peru (which includes the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT–Perú), the CATP and the Confederation of Workers of Peru (CTP)) received on 1 September 2022 and which address matters dealt with by the Committee in this comment. The Committee also notes the Government's reply in this regard.

The Committee notes the promulgation on 30 December 2020 of Act No. 31110, which seeks to strengthen the agricultural and irrigation, agro-export and agro-industrial sectors, and to guarantee labour rights and promote the right to collective bargaining. The Committee notes that the trade union federations consider that, while the Act aims to improve employment conditions, the measures envisaged are insufficient to ensure the effective exercise of freedom of association and collective bargaining. The trade union federations also indicate that the Act is the direct result of worker mobilization in the sector that led to the deaths of three people and serious injuries to other demonstrators at the end of 2020. The Committee calls on the Government to ensure that all the necessary measures are taken to establish responsibility and sanction the perpetrators of the crimes.

The Committee also notes the publication on 30 March 2021 of the Decree regulating the Act, and Supreme Decree No. 006-2021-TR, establishing provisions for collective bargaining and minimum working conditions in the agricultural and irrigation, agro-export and agro-industrial sectors. In addition to establishing measures to promote unionization and collective bargaining, the Decree provides for a number of measures to be taken by the public authorities. The Committee notes the Government's indication that measures are planned to promote the progressive implementation of guidance and advisory services on the exercise of the right to freedom of association and collective bargaining in the agricultural and irrigation, agro-export and agro-industrial sectors, in particular at levels higher than the enterprise level. The Government also indicates that one of the priority measures of the Ministry of Labour and Employment Promotion is the development of the National Plan for the Promotion of Freedom of Association. The Committee encourages the Government to implement as soon as possible the measures provided for in Decree No. 006-2021-TR to promote unionization and collective bargaining and requests the Government to provide information in this respect. It also requests the Government to report on the development of the National Plan for the Promotion of Freedom of Association.

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 5 September 2016, alleging that sections 32–34 of Act No. 27360 on the promotion of the agricultural sector and section 80 of Supreme Decree No. 003-97 impede the exercise of the right of association in agriculture by establishing a temporary employment regime which, in contrast with the general employment regime, is not subject to time or quantitative limits. The Committee requests the Government to send its comments in this regard.