Effect given to the recommendations of the committee and the Governing Body - Report No 348, November 2007

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

1. 150. The Committee last examined this case at its November 2006 meeting, and on that occasion requested the Government to ensure that the deduction of trade union membership dues was carried out by the enterprise Electro Sur Medio SAA and that wages and other payments provided for in law and in the applicable collective agreement were paid to the workers of that enterprise effectively and without delay. In addition, the Committee expressed the hope that once the trade union had complied with the legal requirements, it would be able to engage in collective bargaining and obtain union leave which is extraordinarily important in the current insolvency proceedings affecting the enterprise. The Committee requested the Government to keep it informed in that respect [see the Committee’s 343rd Report, paras 1049–1064].
2. 151. In a communication dated 12 March 2007, the Government states with regard to the matter of union leave and the payment of travel and daily expenses for trade union officials, that the single law concerning collective labour relations, Supreme Decree No. 010-2003-TR published on 5 October 2003, governs freedom of association, collective bargaining and strikes, these rights being enshrined in article 28 of the political Constitution. Section 10(d) of the law in question stipulates that “the trade union organization shall be required to communicate to the labour authority any amendments to its by-laws, providing a copy of the new text, as well as communicating to that authority and to the employer the list of members of the union’s executive body, indicating any changes that have been made, within the subsequent five working days”. This guarantees the collective rights of the workers in the present case. It was noted at the time that the Single Trade Union of Workers and Employees of Electro Sur Medio SAA at Ica and Nazca and Allied Workers was not complying with the law, and the enterprise and the administrative labour authority could therefore not recognize its right to benefit from trade union representation until such time as it complied with the statutory requirements. A direct consequence of this has been the refusal of Electro Sur Medio SAA to initiate negotiations on the list of claims. An official letter was sent to the Ica Regional Directorate for Labour and Employment Promotion stating that the union had informed the authority of the names of its officers but had to date not received any reply. At the same time, as regards the Committee’s recommendation concerning the payment without delay of wages and other benefits provided for in the law and the collective agreement to workers at Electro Sur Medio SAA, the inspection visit conducted on 11 October 2005 at Electro Sur Medio SAA on the instructions of the Ica Regional Directorate of Labour and Employment Promotion showed that the company was meeting its obligations in respect of the payments in question. The Government indicates that, as soon as it receives the information requested from the Ica Regional Directorate, it will forward it to the Committee.
3. 152. The Committee takes note of this information, and hopes that once the legal requirements are met, the Single Trade Union of Workers and Employees of Electro Sur Medio SAA at Ica and Nazca and Allied Workers will be able to bargain collectively.