Effect given to the recommendations of the committee and the Governing Body - REPORT_NO400, October 2022

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

1. 44. The Committee examined these cases together, in which the complainant organizations alleged the unlawful dismissal of a union leader and other anti-union practices by various enterprises in the textile sector, at its June 2015 meeting [see 375th report, paras 460–482]. On that occasion, the Committee made the following recommendations:
   • (a) Committee requests the Government to send it the administrative and judicial decisions concerning the enterprise INCA TOPS SA.
   • (b) The Committee requests the Government to keep it informed of the outcome of the appeal brought by the Pisco SAC workers’ union, which is currently before the Supreme Court.
   • (c) The Committee, stressing the importance of consultation between enterprises and trade union organizations on labour issues and industrial relations matters of mutual interest and of encouraging and promoting the full development and utilization of machinery for collective bargaining, encourages Romosa SAC and the trade union to negotiate in good faith on all pending demands as soon as the financial situation improves.
   • (d) The Committee requests the Federation of Textile Workers of Peru (FTTP) to provide further detailed information with regard to the allegations that audio-visual equipment is being used for anti-union purposes.
   • (e) The Committee, recalling that fixed-term contracts should not be used deliberately for anti-union purposes and that, in certain circumstances, the employment of workers through repeated renewals of fixed-term contracts for several years can be an obstacle to the exercise of trade union rights, requests the Government to keep it informed of the legislative process regarding the draft legislation for the repeal of sections 32, 33 and 34 of the Act on the promotion of non-traditional exports and section 80 of Legislative Decree No. 728.
2. 45. In communications dated 26 September 2016, 21 June 2017, 23 August 2018, 11 October 2018, 19 November 2018 and 4 March 2019, the Government provided the following information in response to these recommendations.
3. 46. As regards recommendation (a), the Government reports that: (i) in a judgment issued in 2015, the seventh specialized civil court ruled in favour of Mr López Motta with respect to the amparo [protection of constitutional rights] appeal that he had lodged; and (ii) Mr López Motta was reinstated in his post on 19 October 2015.
4. 47. As regards recommendation (b), the Government reports that the Supreme Court of Justice of the Republic upheld the judgment issued by the Superior Court of Justice of Ica, which had declared the claim filed by the enterprise contesting the administrative resolutions to be well-founded.
5. 48. With respect to recommendation (c), the Government indicates that, on 29 September 2014, the enterprise and the trade union signed a collective agreement that resolved the lists of demands dated 2012–13, 2013–14 and 2014–15. The Government also indicates that the parties signed two more collective agreements on 24 July 2015 and 13 December 2017.
6. 49. With respect to recommendation (d), the Government indicates that, in 2016, the National Labour Inspection Authority issued two fines to the enterprise for violations of freedom of association. The Government has also resubmitted to the Committee a copy of a document dated 16 October 2018 that it had received from the FTTP, which contains information relating to the present case. In this document, the FTTP indicates that: (i) the use of audio-visual equipment has been expanded in all production areas within the enterprise, in particular the areas where union leaders and members work; (ii) the enterprise has deployed security staff who continually record the work of unionized workers with the cameras on their mobile telephones, which leads to these workers being summoned to the human resources department for trivial reasons and then often punished; and (iii) this does not occur with non-unionized workers.
7. 50. As regards recommendation (e), the Government reports that Bill No. 01635, which proposes the repeal of sections 32, 33 and 34 of the Act on the promotion of non-traditional exports and section 80 of Legislative Decree No. 728, is currently before the Labour and Social Security Commission and the Foreign Trade and Tourism Commission.