Effect given to the recommendations of the committee and the Governing Body - REPORT_NO362, November 2011

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

1. 126. In its previous examination of the case in November 2010, the Committee made the following recommendations regarding the issues which remained pending [see 358th Report, para. 797]:
   • (a) The Committee suggests that the Government initiate a dialogue with the most representative occupational organizations of the public sector on the possible establishment of consultation machinery with regard to the human resources policy. The Committee requests the Government to keep it informed on the subject.
   • (b) The Committee calls on the Government to initiate a dialogue in order to seek a negotiated solution to the problem of trade union leave, bearing in mind that, in certain major public bodies, restricting such leave to one day a month is perhaps not sufficient to allow union representatives to carry out their functions properly.
   • (c) The Committee requests the Government to indicate whether the first article of Chapter VIII of regional Executive Resolution No. 000480-2008-GR-JUNIN entails a ban on the conduct of union activities at the place of work even when they have been authorized by the employer or are provided for in collective agreements.
   • (d) The Committee firmly expects that the authorities will very soon resolve the matter of the right of personnel employed under the administrative service contract system to join trade unions, and it requests the Government to keep it informed of developments.
2. 127. In its communication dated 7 February 2011, the Government states, in relation to recommendations (a), (b) and (d) of the Committee, that the Constitutional Court recognized the exercise by public employees employed under the administrative service contract system of the right to join trade unions and to strike, and ordered that these arrangements should be regulated. The Government adds, in its communication of 14 September 2011, that a Supreme Decree of 26 July 2011 recognizes the trade union rights of those workers, including the right to strike.
3. 128. The Committee notes with satisfaction the contents of the decision of the Constitutional Court and the recent Supreme Decree which guarantee the trade union rights of public employees employed under administrative service contracts, including the right to strike. The Committee trusts that, within the framework of the new regulations, it will be possible in the near future to negotiate with the trade union organizations on the issues relating to human resources, as well as on trade union leave as indicated in its previous recommendations.
4. 129. In its communication dated 3 May 2011, the Government states that the Regional Executive Resolution of Junín No. 000480-2008-GR neither limits nor prohibits the freedom of association of public employees and officials in the workplace, as stated by the head of the Regional Government of Junín. The Committee notes this information.