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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 143. The Committee examined this case, in which the complainant alleges that, as a result of the establishment of a trade union, its General Secretary was dismissed and a criminal complaint was filed against him, and that a number of workers belonging to the trade union were dismissed in order to weaken the organization, at its meeting in June 2005, when it made the following recommendations [see 337th Report, paras. 1113-1123]:
- (a) The Committee requests the Government to ensure compliance with the court order to reinstate Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at the Petrotech Peruana S.A. enterprise, in his job.
- (b) As regards the criminal investigation against Mr. Leonidas Campos Barrenzuela for having allegedly forged documents, which began on 15 April 2003, the Committee trusts that this investigation will soon be completed and requests the Government to keep it informed of its outcome.
- (c) As regards the alleged intimidation of workers at Petrotech Peruana S.A. into leaving the trade union, the Committee requests the Government to ensure that the workers of the Petrotech Peruana S.A. enterprise are not subject to pressure or threats owing to their membership of the trade union.
- (d) As regards the alleged dismissal of various workers who belonged to the trade union for alleged serious misconduct, with the sole aim of weakening the new trade union, the Committee once again requests the Government to conduct an independent investigation into this matter and, should it conclude that the workers in question were dismissed owing to their membership of the trade union recently established at the enterprise, to take measures so that they are reinstated in their jobs, without loss of pay. The Committee requests the Government to keep it informed in this respect without delay.
- 144. In a communication dated 20 October 2005, the Government states that: (1) with regard to the Committee’s recommendation (a), Petrotech Peruana S.A. declared in a communication dated 28 September 2005 that Leonidas Campos Barrenzuela was reinstated in his post on 23 September 2004 and since then has been working regularly; and that, in the judicial proceedings No. 193420-2003-000031 before the Twentieth Labour Court of Lima, the final amount of the back-pay due to Mr. Campos has not yet been determined; (2) with regard to the Committee’s recommendation (b), concerning the criminal investigation against those responsible for the breach of public confidence by allegedly forging the signature of several persons that have signed the constitution act of the company trade union, the First Specialized Criminal Court of Talara stated that, on 24 August 2005, a ruling was handed down clearing Leonidas Campos Barrenzuela of the charge. An appeal was lodged against this ruling by Petrotech Peruana S.A. and has been referred to the Decentralized Criminal Court of Sullana for investigation. It is apparent from the foregoing that Leonidas Campos Barrenzuela is still facing criminal charges, and additional information has therefore been requested on the situation and will be sent to the Committee in due course; (3) with regard to the Committee’s recommendation (c), account must be taken of the company’s claim, in a communication dated 28 September 2005, that relations with the trade union and its members are currently entirely normal, that two collective agreements have been concluded (agreement 2003-2004 on 25 November 2003, and agreement 2004-2005 on 8 March 2005) and that a third is being negotiated. The Government adds that, in order to determine the complainant trade union organization’s response to the company’s denial of its alleged intimidation of workers into leaving the trade union, it has been deemed advisable to request the National Federation of Petroleum and Allied Workers of Peru (FENPETROL) to give its version of the matter, of which the Committee will be informed in due course; (4) with regard to the Committee’s recommendation (d), communication No. 704-2005-MTPE/9.1 of 26 September 2005 has been referred to the National Directorate for Labour Relations to determine, in so far as it is competent, the measures necessary for the relevant Regional Directorate for Labour and Employment Promotion to arrange for a special visit to inspect the facilities of Petrotech Peruana S.A. or, if appropriate, to convene a meeting out of court in order to obtain up-to-date information on all the points covered by the recommendations of the Committee on Freedom of Association with respect to the complaint presented by FENPETROL against the Government of Peru. The Government promises to inform the Committee in due course of the outcome of the measures and action that the National Directorate for Labour Relations deems appropriate.
- 145. The Committee notes this information. In particular, the Committee notes with interest that, according to information supplied by the company, Leonidas Campos Barrenzuela, General Secretary of the trade union at Petrotech Peruana S.A. has been reinstated in his post and that the judicial authority is currently determining the final amount of the back-pay due to him. Finally, the Committee requests the Government to keep it informed: (1) of the final outcome of the criminal proceedings against Leonidas Campos Barrenzuela for allegedly forging documents; (2) of the outcome of the steps taken by the administrative authority with respect to the alleged intimidation of workers at Petrotech Peruana S.A. so that they leave the trade union; and (3) of the outcome of the special inspection visit that the administrative authority has ordered to be conducted at Petrotech Peruana S.A. in connection with the alleged dismissal of a number of workers who belonged to the trade union for alleged serious misconduct, with the sole aim of weakening the new trade union.
