Effect given to the recommendations of the committee and the Governing Body - Report No 408, October 2024

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

1. 38. The Committee last examined this case, which concerns allegations of anti-union practices by a mining company against the majority trade union operating there (including acts of favouritism towards a minority trade union, acts of discrimination and violations of the right to collective bargaining) at its March 2015 meeting [see 374th Report, paras 802–832]. On that occasion, the Committee: (i) requested the Government to keep it informed of the outcome of the relevant administrative proceedings in the violation report regarding the various anti-union practices alleged present in the case in order to have all the evidence at its disposal and regretted the excessive delay in resolving the case and expressed the expectation that it would be concluded without delay; and (ii) expects that if the alleged acts of discrimination and favouritism were confirmed by the labour inspectorate, the necessary measures would be taken to remedy the situation.
2. 39. In communications of 5 October 2018 and 22 January 2024, the Government states that: (i) in 2016, the administrative court of first instance issued a decision accepting the proposal contained in the violation report of 2013 to impose a fine on the enterprise, after having found that it committed the aforementioned anti-union acts; (ii) also in 2016, the administrative court of second instance declared the appeal filed by the enterprise against the decision to impose a fine unfounded, thereby upholding the decision and rendering it final; (iii) collection of the fine remains pending until the judicial proceedings instituted in 2016 by the enterprise against the decision to impose a fine (under the jurisdiction of the Specialized Labour Court of the Judicial District of Ica, under file No. 00298-2016-0-1409-JR-LA-01) are resolved; and (iv) in December 2023, the competent labour court indicated that a ruling on the aforementioned proceedings was due.
3. 40. The Committee notes the information provided by the Government concerning the status of the proceedings instituted at the national level regarding anti-union acts relating to the allegations in this case. The Committee regrets to note that while these acts were investigated and confirmed by the labour inspectorate and led to the imposition of a fine on the enterprise concerned, it has not been possible to enforce this penalty (which remains unpaid) due to the excessive delay – of more than seven years – in the judicial proceedings instituted by the enterprise against the decision to impose a fine (file No. 00298-2016-0-1409-JR-LA-01). Recalling that justice delayed is justice denied and that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective and an excessive delay in processing such cases constitutes a serious attack on the trade union rights of those concerned [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 170 and 1139], the Committee firmly expects that the judicial proceedings concerning the penalty (fine) imposed on the enterprise for anti-union acts directly related to the allegations in this case will be resolved as soon as possible.
4. 41. The Committee also notes that according to the information available on the web page of the Ministry of Labour and Employment Promotion, a working group that has been operating since 2021 brings together the complainant union and the National Supervisory Authority of Labour Inspection and serves as a space for ongoing social dialogue, the objective of which is to improve and strengthen the labour inspection system with a view to contributing to compliance with labour standards. On the basis of the above and having received no information from the complainant organizations since 2014, the Committee considers that this case is closed and does not call for further examination.