Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 351, Novembre 2008

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

1. 157. The Committee last examined this case at its meeting in March 2008 and on that occasion requested the Government to ensure that the legal provisions relating to the use of premises for union activities are observed, and to invite the National Trade Union of Health Social Security Workers (SINACUT EsSalud) and the health social security authorities to conduct negotiations with a view to reaching an agreement on arrangements for exercising the right to hold meetings, including deciding the venue for trade union meetings, and to keep it informed in this regard [see 349th Report, paras 1157–1170].
2. 158. In its communication dated 18 August 2008, the complainant organization objects to resolution No. 1293-GG-ESSALUD-2007 dated 29 September 2007, approving directive No. 013-GG-ESSALUD-2007, which lays down the rules for granting leave and facilities to the officers of the EsSalud administrative and support workers’ trade unions, which, according to the complainant organization, is at variance with the fundamental rights laid down in the Constitution, treaties and other applicable legal provisions. The complainant organization alleges that the new regulations favour the Single Central Organization of Workers (CUT) with regard to the issue of permanent trade union leave.
3. 159. In its communication dated 30 May 2008, the Government states that there is a lack of understanding between the parties and observes that there is constant disagreement between the institution and its workers. On the one hand, the Central Human Resources Office of EsSalud states that the matter is not specifically regulated and that it should be settled on the basis of what is reasonable. Members of the trade union should reserve premises in advance, taking account of the institution’s planned schedule of official events, in order to carry out their meetings without any unforeseen obstacles. On the other hand, the members of the union do not accept that position and voice their concern that a detrimental situation might arise where the union has reserved one of the institution meeting rooms in advance, but the institution then cancels the reservation prior to the event in order to hold an event of its own. The Government states that it considers that the use of premises of public institutions by unions should be scheduled so as not to interrupt the institution's own activities. Similarly, if the employer denies authorization to use its facilities, it must justify its refusal by demonstrating that such use might disrupt the normal functioning of public activities. In a communication of 10 September 2008, the Government indicates that, with regard to the current state in EsSalud and in particular the unionized workers’ request, through report No. GCRH-OGA-ESSAULD-2007 dated 12 May 2008, the Head of Human Resources – OGA-ESSAULD indicated that the institution refrained from any interference which would prejudice trade union rights or obstruct their exercise in law, recognizing the need to facilitate the exercise of trade union functions during or outside working hours. With regard to the trade union office requested by SINACUT, the Head of Assets and Services indicated that for the moment it is not possible to satisfy the request by the union because of the lack of space, which is due to the public auction of the Torre Trecca Building in the Arenales Complex, as a result of which various spaces were taken away or rearranged in the institutions.
4. 160. The Committee takes note of this information. The Committee again recalls that the right to hold meetings is essential for workers' organizations to be able to pursue their activities and that it is for employers and workers' organizations to agree on the modalities for exercising this right, and that the Labour Relations (Public Service) Convention, 1978 (No. 151), ratified by Peru , provides in Article 6 that such facilities shall be afforded to the representatives of recognized public employees' organizations as may be appropriate in order to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work and that the granting of such facilities shall not impair the efficient operation of the administration or service concerned. The Committee again requests the Government to invite SINACUT EsSalud and the health social security authorities to conduct negotiations with a view to reaching an agreement on arrangements for exercising the right to hold meetings, including deciding the venue for trade union meetings. Furthermore, the Committee requests the Government to send its observations relating to the allegations recently submitted by the SINACUT EsSalud.