Effect given to the recommendations of the committee and the Governing Body - REPORT_NO367, March 2013

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

1. 80. The Committee last examined this case at its June 2010 meeting, when it made the following recommendation on the matter still pending [see 357th Report, para. 948]:
   • The Committee emphasizes that the impossibility of negotiating wage increases on an ongoing basis is contrary to the principle of free and voluntary collective bargaining enshrined in Convention No. 98 and requests the Government to promote appropriate mechanisms so that SINAUT–SUNAT and the SUNAT may conclude a collective agreement in the near future. The Committee requests the Government to keep it informed in this regard.
2. 81. In a communication dated 3 March 2011, the United National Union of Workers of the National Tax Administration Supervisory Authority (SINAUT–SUNAT) states that the authorities have taken no action to comply with the Committee’s recommendation and that it has requested the authorities that the 2008–09 list of demands should be submitted to arbitration. It adds that the disputed issues include pay-related matters and that the budgetary laws prevent a solution being reached.
3. 82. In its communications of 7 February, 3 May and 22 September 2011 and 4 May and 21 August 2012, the Government states that SINAUT–SUNAT filed an appeal for amparo (protection of constitutional rights) with the judicial authority with a view to having the employer (SUNAT) sign a written arbitration agreement; the judicial authority rejected the application of the statute of limitations called for by the employer; SUNAT appealed against the ruling, and the appeals court, considering the employer’s request for application of the statute of limitations to be well-founded, overturned the lower court ruling and ordered the case to be shelved. The Government adds that the trade union filed a constitutional action. This was granted, and the matter was ordered to be referred to the Constitutional Court. The latter has examined the case and a judgment is currently pending.
4. 83. The Committee notes this information and requests the Government to send a copy of the ruling of the Constitutional Court. The Committee observes that in this case, and in others examined in the present report, substantial delays and problems in the operation of the collective bargaining system in the public sector are apparent, particularly regarding pay increases, owing to the existing budgetary laws. As it has done in the other cases, the Committee requests the Government to submit these issues to tripartite dialogue with a view to finding a solution that is acceptable to the parties concerned. The Committee reminds the Government that it may avail itself of assistance from the ILO if it so wishes.