Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 310, Juin 1998

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

1. 48. The Committee examined this case at its November 1997 meeting (see 308th Report, paras. 610-634), when it requested the Government to: (i) take the necessary steps to recognize the SUTREL (Unified Trade Union of Electricity Workers of Lima and Callao) trade union sector's right to represent its members and bargain collectively on conditions of employment, at least on behalf of its own members; (ii) carry out an inquiry into the allegation of the General Confederation of Workers of Peru (CGTP) concerning the anti-union nature of the dismissal of officers of several trade union organizations; (iii) ensure that, where it is necessary to implement the process of collective termination of employment for objective reasons, negotiations are held between the enterprises concerned and the trade union organizations; and (iv) take the appropriate measures to guarantee the full application of the Convention as regards the allegations of the CGTP concerning threats of dismissal received by trade union officers.
2. 49. In a communication of 7 May 1998, the Government states that the administrative labour authority declared invalid the claims submitted by the SUTREL trade union section at the Luz del Sur Servicios S.A. enterprise, as they concerned a branch trade union which represented workers of various allied enterprises, and that a membership of at least 100 members was required in order for the union to be established and to exist. The Government further adds that a collective agreement was already signed in January 1997 between that enterprise and the majority of its workers. In this respect, the Committee first would recall that the requirement of a minimum membership of 100 workers in order to establish a branch trade union has been criticized by the Committee of Experts, which considers the number excessive. Furthermore, the Committee once again recalls that direct negotiation between the enterprise and its workers, circumventing representative organizations when they exist, can in some cases be detrimental to t
   • he principle under which collective bargaining between employers and workers' organizations should be encouraged and fostered. It thus once again requests the Government to take the necessary steps to recognize the SUTREL trade union sector's right to represent its members and to bargain collectively on conditions of employment, at least on behalf of its own members.
3. 50. As regards the allegations of the CGTP concerning the anti-trade union dismissal of the officers of several trade union organizations, the Committee notes that the Government has committed itself to conducting an investigation into this matter and will inform the Committee as soon as possible of its findings. The Committee thus awaits the findings of the investigation.
4. 51. As regards the Committee's request that negotiations be held between the enterprises concerned and the trade union organizations where it is necessary to implement the process of collective termination of employment for objective reasons, the Committee notes with interest the Government's statement that section 48 of Presidential Decree No. 003-97-TR stipulates that in such cases the enterprise is obliged to negotiate concerning the conditions of termination of employment contracts or other steps to avoid or limit termination of employment. The Government adds that it would be difficult for the employer to use the process of collective termination for anti-union purposes, as the administrative labour authority takes part in the negotiations along with the trade union.
5. 52. As regards the allegations of the CGTP concerning threats of dismissal of trade union officials, the Committee takes note of the Government's statement that the existence of such threats could not be proved, and that no reports thereof have been submitted to the competent national bodies.