Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

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

1. 121. The Committee last examined the substance of this case at its March 2009 meeting and on that occasion made the following recommendations [see 353rd Report, para. 1142]:
   • (a) As regards the allegations concerning the challenge filed against the registration of the Single Trade Union of Workers of Mar y Tierra de IMI del Perú SAC and the enterprise’s refusal to bargain collectively on the grounds that the union did not meet the legal requirements for establishment, in view of the fact that the judicial authority of first instance rejected the motion to cancel the union’s registration, the Committee urges the Government to ensure that, pending a final decision by the judicial authority, the trade union is able to carry out all its activities, including collective bargaining. The Committee urges the Government to pursue its efforts to bring the parties together through out-of-court conciliation hearings and to keep it informed of any developments in this regard, and of the final outcome of the pending judicial proceedings.
   • (b) Concerning the allegations concerning dismissals and coercion of workers and the enterprise’s reply in that regard, in view of the discrepancy between them, and given that the Government has not expressed an opinion on these matters, and in order to determine conclusively whether or not the acts referred to constituted anti-union discrimination, the Committee urges the Government to take the necessary steps without delay to ensure that a thorough and independent investigation is carried out into the following:
   • (i) The alleged dismissal of four workers who were close relatives of union leaders and members working in the same group as the IMI enterprise.
   • (ii) Alleged coercion by the enterprise of workers into leaving the union, using threats of dismissal, in particular in the case of Mr Julio Morales Ortega, who resigned from union office.
   • (iii) The dismissal of Mr Pedro Pablo Ayala, press and propaganda secretary of the trade union, while on annual leave.
   • (c) The Committee requests the Government, should the investigation called for find that the acts referred to were motivated by anti-union considerations, to take the necessary steps to ensure that they are revoked, that the dismissed workers are reinstated and fully compensated, and that the prescribed penalties constituting sufficiently dissuasive sanctions are applied where appropriate. The Committee requests the Government to keep it informed in this regard.
2. 122. In its communication of 27 February 2009, the Government states with respect to the challenge filed against the registration of the Single Trade Union of Workers of Mar y Tierra de IMI del Perú SAC, that the case is currently being examined by the judiciary (Case No. 4672-2006 – First Civil Division of the Supreme Court of Justice of Piura), and is currently pending a decision on appeal proceedings lodged by the plaintiff IMI del Perú SAC. In this instance, it is necessary to reiterate the statement in the previous report, namely that while the matters covered by this complaint are currently being examined by the courts, and according to the provisions of the Single Text of the Organic Law on the Judiciary, when proceedings are pending before the judicial authorities, the Government will refrain from issuing an opinion on the matter, as to do otherwise would result in liability for any officials who did not comply with this provision.
3. 123. Furthermore, with respect to the alleged anti-union practices of which the employer is accused, the Government notes that the Piura Regional Directorate for Labour and Employment Promotion has been asked to undertake an inspection of the defendant as soon as possible, in order to ascertain the truth of the assertions made by the complainant organization. Lastly, the Government indicates that at the various administrative (Labour Authority) and jurisdictional (Judicial Power) levels the actions taken in the present case have complied with labour legislation, which demonstrates that the Government has not violated freedom of association or the rights to organize and bargain collectively of the Single Trade Union of Workers of Mar y Tierra de IMI del Perú SAC.
4. 124. The Committee notes this information. The Committee expects that the court will hand down a ruling in the near future regarding the challenge to the registration of the Single Trade Union of Workers of Mar y Tierra de IMI del Perú SAC and requests the Government to inform it of the final result of the judicial appeal. Moreover, the Committee requests the Government to keep it informed of the outcome of the inspection of the enterprise and expects it to cover all the pending allegations.