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. 125. 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, paras 1177–1231]:
   • – The Committee requests the Government to send its comments on the allegations concerning the four trade union officials and 11 members of the STCAMB mentioned by name in the complaint, who were allegedly dismissed or prevented from working (according to the mining company, the individuals concerned were employed by other enterprises).
   • – The Committee requests the Government: (1) to inform it if the fines proposed by the labour inspectorate for anti-union acts have been imposed on the three textile enterprises concerned; (2) to inform it if the union officials and members of the Trade Union of Workers of Topy Top SA, the Trade Union of Workers of Color Star SA and the Trade Union of Workers of Star Print SA have instigated reinstatement proceedings; (3) to take the necessary measures, in the light of the anti-union acts found by the administrative authority to have taken place, to apply its good offices to bring about the reinstatement of the union officials and members dismissed for anti-union reasons; and (4) to ensure that trade union rights are respected in the enterprises in question. The Committee requests the Government to keep it informed in this regard.
2. 126. In a communication of 25 February 2009, the Government states that it is implementing a social and labour policy of respect for labour rights across the country and that consequently the Ministry of Labour and Employment Promotion has strengthened its inspection branch in order to verify compliance with labour rights within enterprises. Thus, in a follow-up to Case No. 2597, through official letter No. 129-2009-MTPE/9.1, the Regional Directorate for Labour and Employment Promotion of Lima-Callao was requested to provide information relating to fines proposed by the labour inspectorate for anti-union acts in the enterprises Topy Top SA, Sur Color Star SA and Star Print SA. Furthermore, through official letter No. 151-2009-MTPE/9.1 the judicial authorities were requested to provide information on any requests for the reinstatement of the workers and trade union officials of the enterprises Topy Top SA, Sur Color Star SA and Star Print SA. The Government states that it will transmit the information requested to the ILO as soon as it has been received.
3. 127. The Committee takes note of this information. The Committee notes the efforts made by the Government to obtain the information requested relating to the allegations concerning the textile sector enterprises Topy Top SA, Sur Color Star SA and Star Print SA and hopes that the Government will be in a position to transmit that information in the near future. However, in the absence of information from the Government, the Committee urges the Government to send its comments on the allegations relating to the four trade union officials and 11 members of the Union of Workers of the Subcontractors and Agencies of the mining company Barrick Misquichilca SA (STCAMB) mentioned by name in the original complaint, who were allegedly dismissed or prevented from working (according to the mining company, the individuals concerned were employed by other enterprises).