Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

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

1. 201. The Committee last examined this case at its June 2008 meeting and made the following recommendations [see 350th Report, para. 153]:
   • The Committee requests the Government to inform it of the outcome of the appeals lodged by unionists Mr Felipe Fabián Fernández Flores and Mr Miguel Moreno Avila relating to the wrongful dismissal proceedings. The Committee also requests the Government to inform it of any developments in the judicial proceedings relating to Mr Paholo Trujillo Ramírez (Gloria SA enterprise). The Committee further requests the Government to take measures to enable the Labour Inspectorate to continue to conduct inspections of the Banco del Trabajo with a view to determining whether SUTRABANTRA is a representative organization and, if it is confirmed as such, to encourage the enterprise to recognize the union for the purposes of collective bargaining and any other measure that promotes collective bargaining.
2. 202. In its communications dated 3 March and 10 September 2008, the Government states that according to information supplied by the 24th Labour Court of the Lima Higher Court of Justice, in the proceedings initiated by Mr Felipe Fabián Fernández Flores against his dismissal by the company Gloria SA, a decision has been taken and an appeal against that decision has been lodged by the company.
3. 203. The Government also states that, according to information from the 21st Labour Court of the Lima Higher Court of Justice, a ruling was given on 29 March 2008 in the appeal proceedings initiated by Mr Miguel Moreno Avila against his dismissal by the Gloria SA company, but an appeal was lodged against that ruling with suspensive effect before the First Labour Court of Lima.
4. 204. As regards the judicial proceedings involving Mr Fernando Paholo Trujillo Ramírez and the Gloria SA company, the Government is awaiting information from the court and will pass on that information to the Committee.
5. 205. As regards the judicial proceedings that have been concluded concerning the appeal lodged by Mr Arnoldo Efraín Calle against his dismissal by the Banco del Trabajo before the First Labour Court of the Supreme Court, the appeal lodged by the bank was quashed, the bank was fined and ordered to pay costs, as well as the costs derived from processing the appeal and the decision was published in the Official Daily El Peruano. The worker in question was reinstated in his post through an interim injunction; information on this was given previously.
6. 206. As regards the inspection visits recommended by the Committee, the Government states that the Minister of Labour will continue to insist on compliance with the relevant labour standards. More specifically, with regard to the complaint lodged by the Unified Trade Union of Workers of the Banco del Trabajo (SUTRABANTRA) and the Single Union of Employees of the Banco del Trabajo (SUDEBANTRA) concerning possible violations of workers’ rights at the Banco del Trabajo, the Government states that, according to the Lima–Callao Regional Labour Directorate, inspection visits were carried out at the bank in order to identify instances of employees registering as members both of SUTRABANTRA and SUDEBANTRA, which the employer had cited to justify its opposition to negotiation of the list of demands for 2005–06. The inspection visit of 7 February 2007 failed to confirm any cases of simultaneous membership of the two unions as the employer had not made the necessary deductions of union membership dues. Subsequently, in February, July and November 2007, meetings were held at the request of the Ministry of Labour authorities, as the employer organization still refuses to recognize the existing union. The labour inspection directorate has been asked to make further inspection visits.
7. 207. As regards the questioning of the validity of the existing unions SUTRABANTRA and SUDEBANTRA, to both of which the employer objected on the grounds that they did not abide by the labour regulations in force, judicial proceedings are currently under way to close down SUDEBANTRA following an application presented by the Banco del Trabajo to the 17th Labour Court of Lima, which will rule on the legitimacy of that union.
8. 208. The Committee takes note of this information, and in particular the information concerning the reinstatement of the trade unionist Arnoldo Efraín Calle following a court decision fining the Banco del Trabajo and ordering it to pay procedural costs; this issue was not, however, among those that remained pending in the previous examination of the case. The Committee requests the Government to keep it informed of the outcome of the appeals lodged by Gloria SA against the decision to overturn the dismissals of trade unionists Felipe Fabián Fernández Flores and Miguel Moreno Avila.
9. 209. The Committee notes the Government’s statement to the effect that the Labour Inspectorate will continue to insist on compliance with labour standards concerning representativeness with regard to SUTRABANTRA, and on recognition of that union by the company for the purposes of collective bargaining (if its representativeness is confirmed).
10. 210. The Committee also notes, however, that, according to the Government, the Banco del Trabajo has claimed that some individuals are registered as members of both unions and uses this to justify its opposition to collective negotiations, and that judicial proceedings have been started to close down the union SUDEBANTRA. The Committee notes its concern at this legal application to close down a union following the dismissal of trade unionists employed by the Banco del Trabajo. The Committee requests the Government to provide clarification on this matter and to inform it of any ruling handed down. Lastly, the Committee awaits news of any ruling that may be given on the dismissal of the trade unionist Mr Fernando Paholo Trujillo Ramírez by the Gloria SA enterprise.