Effect given to the recommendations of the committee and the Governing Body - Report No 325, June 2001

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

1. 74. The Committee last examined this case, concerning anti-trade union dismissals and practices, at its meeting in November 2000 [see 323rd Report, paras. 457-477]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee requests the Government to carry out, as a matter of urgency, an inquiry into the alleged anti-union discrimination and intimidation perpetrated in the Banco Continental, and in particular into the allegations concerning pressure brought to bear on unionized workers to leave their union, the award of promotions or salary increases virtually exclusively to non-unionized workers, anti-union transfers, and economic incentives for workers – and unionized workers in particular – to resign from their employment, with dismissal as the only alternative. The Committee requests the Government to keep it informed in this respect.
   • (b) Considering that persons hired under training agreements should also have the right to organize, the Committee requests the Government to take the necessary steps so as to guarantee this right to the workers concerned both in law and in practice. Furthermore, the Committee requests the Government to ensure that the employment conditions of these workers are covered by the collective agreements in force in the enterprises where they are employed.
   • (c) The Committee notes that the proceedings concerning the dismissal of Messrs. Juan Manuel Oliveros Martínez and Jorge Mercado Puente de la Vega have already taken 14 months. The Committee, therefore, requests the judicial authorities, in order to avoid a denial of justice, to pronounce on the dismissals without delay and stresses that any further undue delay in the proceedings could in itself justify the reinstatement of these persons in their posts. The Committee requests the Government to keep it informed in this respect.
2. 75. In its communication of 30 March 2001, the Government informs the Committee that, according to the High Court of Justice, the action lodged on 4 December 1998 by Mr. Juan Manuel Oliveros Martínez against Banco Continental, his employer, regarding the invalidity of his dismissal allegedly based on the fact that the litigant was a “trade union activist”, was initially declared unfounded by the Fifteenth Labour Court of Lima. Banco Continental denied that the dismissal was based on his alleged “trade union activism”. After the case had been examined in other proceedings and the initial judgment upheld, on 21 December 2000 the Second Labour Court of Lima revoked said judgment and declared the petition founded in every respect. Therefore, it ordered the reinstatement of the complainant in his usual post, the payment of salaries not received from the date of dismissal until that of reinstatement, and the payment of accrued legal interest. The Government also undertook to send the Committee any information it received relating to the judicial proceedings of trade union leader Mr. Jorge Mercado Puente. It adds that the State respects trade union rights stemming from ILO international Conventions ratified by its country.
3. 76. In a communication of 26 April 2001, the Government states that, on 9 September 1999, Mr. Jorge Mercado Puente de la Vega requested Banco Continental to rescind his discharge. The worker ultimately accepted a settlement proposal whereby the bank would pay him a fixed sum plus benefits, and the case has been closed.
4. 77. The Committee notes with satisfaction the judicial decision ordering the reinstatement of a trade union leader. The Committee requests the Government to confirm that Mr. Oliveros Martínez has been reinstated. The Committee also takes note of the settlement concluded between Mr. Jorge Mercado Puente de la Vega and Banco Continental, which allowed the closing of this case. Furthermore, the Committee requests the Government to keep it informed of the other pending issues relating to the case.