Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

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

1. 128. The Committee recalls that this case is concerned with the collective dismissal of workers from the Callao regional government in January 2007 and the subsequent dismissal in March 2011 of the general secretary of the Callao Regional Government Workers’ Union, Ms Clara Tica, on account of her trade union activity aimed at the reinstatement of the dismissed workers. It also recalls that, by a decision of 28 April 2015, the Supreme Court of Justice definitively resolved Ms Tica’s situation by upholding the 2013 reinstatement decision in her favour. At its October 2017 meeting, the Committee expressed regret that, despite the time that had elapsed and the judicial decision in her favour, Ms Clara Tica had still not been reinstated in her original post or another post at a similar level, and it firmly expected that the Government would provide information without delay on the situation of the above-mentioned trade unionist [see 383rd Report, October 2017, para. 75].
2. 129. In its communication dated 20 September 2018, the Government states that Ms Tica continues to work under a service provider contract, since neither the institutional pay structure nor the framework for the assignment of institutional staff has vacant posts covered by the budget. This means that it is impossible for the Callao regional government to create posts in accordance with the third transitional supplementary provision of Act No. 28411 (National Budget System Act) and other public sector budget legislation. The Government states that the creation of new posts is expressly prohibited by law, and failure to comply would incur criminal liability. However, it indicates that the entity concerned is taking a number of steps to ensure compliance with judicial orders. In this regard, the human resources office asked the Regional Public Prosecutor for information on judicial proceedings against the Callao regional government in order to create a database to support the preparation of a management document entitled the “provisional staff assignment framework”. Once this document has been approved by the National Civil Service Authority, it will serve as the basis for requesting authorization for posts from the Ministry of Economic and Financial Affairs. The Committee duly notes the information provided and reiterates the firm expectation that the Government will take all necessary steps to ensure compliance in the very near future with the 2015 ruling of the Supreme Court of Justice and to ensure that Ms Clara Tica can be reinstated in a post similar to the one from which she was dismissed in 2011. The Committee requests the Government to keep it informed in this respect.