Effect given to the recommendations of the committee and the Governing Body - REPORT_NO356, March 2010

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

1. 134. At its June 2009 meeting, the Committee made the following recommendations [see 354th Report, para. 1063]:
   • (a) The Committee expects that the revision of the General Labour Act will be adopted and will be in full conformity with Convention No. 87 and in particular that, in the event of a strike in the basic education sector, the determination of minimum services and the minimum number of workers providing them involves not only the public authorities, but also the relevant employers’ and workers’ organizations.
   • (b) The Committee requests the Government to take the necessary steps to amend Supreme Decree No. 017-2007-ED regulating Act No. 28988, so that responsibility for declaring a strike in the education sector inadmissible or illegal lies with an independent body which has the confidence of the parties.
   • (c) The Committee requests the Government to take the necessary steps to repeal sections 7–10 (National Register of Substitute Teachers) of Supreme Decree No. 0172007-ED regulating Act No. 28988 and to focus its policy on effective observance of minimum services rather than on preparing lists of replacements for strikers.
2. 135. In its communication dated 27 May 2009, the Government states that in relation to Supreme Decree No. 017-2007-ED, the executive authority is drafting a bill whose objective is to ensure that the responsibility for declaring strikes inadmissible or illegal shall lie with an independent body; moreover, the bill also regulates the participation of workers’ and employers’ organizations in the determination of minimum services and the number of workers providing them in the event of a strike. The Government adds that, accordingly, once the drafting of the bill has been completed, the initiative will be considered by the employers’ and workers’ representatives in the National Labour and Employment Promotion Council (CNTPE) so that a consensus can be reached on it.
3. 136. The Committee notes this information with interest and strongly hopes that the future legal reform will take account of the recommendations from the previous examination of the case. The Committee is referring the follow-up to this case to the Committee of Experts on the Application of Conventions and Recommendations.