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- 95. At its March 2013 meeting, the Committee made the following
recommendations on the allegations still pending [see 367th Report, para. 1007]:
- – The Committee invites the Government to establish tripartite
dialogue as a means of improving the system of collective bargaining in public
administration and overcoming the difficulties and problems that, as this case
illustrates, arise in practice. The Committee reminds the Government that technical
assistance is available from the ILO, if it wishes to make use of it.
- – The Committee requests the Government to send the administrative
authority’s existing and future decisions concerning alleged misuse of email by
union officials Ms María Covarrubias and Mr Jorge Carrillo Vértiz. As in the
conclusions to its previous examination of the case, the Committee suggests that the
employer and the workers’ organization strive to reach agreement on the modalities
for the use of the email system.
- 96. In response to the Committee’s first recommendation, the Government
states, in its communication dated 17 May 2013, that the Office of the National
Superintendent for Customs and Tax Administration (SUNAT) is acting in strict compliance
with current regulations, in a way that is respectful of the rights of the workers and
in a context of willingness to engage in dialogue and to reach agreements that are in
line with current regulations. In the collective bargaining context, SUNAT is interested
in finding an equitable solution, as demonstrated by the fact that it has shown interest
in, and a willingness to, work towards finding a peaceful solution by participating in
various meetings, both as part of the collective bargaining process and on an informal
level. In this regard, the Government highlights that in 2011, 2012 and 2013, SUNAT
signed collective agreements with several trade union organizations. The Committee
reiterates the importance of engaging in tripartite dialogue with a view to improving
the system of collective bargaining, and of inviting SINAUT SUNAT, the complainant
organization.
- 97. With regard to the Committee’s second recommendation, the Government
states that the labour administration authority ruled that the body did not commit a
breach of labour standards, since legal provisions exist concerning the use of email in
public institutions. Moreover, the Government adds that SUNAT has implemented
regulations on the use of email that reflect not only an internal policy, but are in
line with a national policy aimed at optimizing its use through rational utilization, as
set out in Directive No. 005 2003 INEI/DINP entitled “Rules on the use of email in
public administration bodies”, approved by Departmental Decision No. 088-2003-INEI,
which establishes that “the email accounts of the employees of public institutions must
be used for activities related to the performance of their duties in those
institutions”. In this regard, SUNAT issued Circular No. 006-2008, dated 11 March 2008,
indicating that email was an official means of communication and information exchange
provided to employees, who should use it exclusively for the performance of their
duties. Therefore, the body in question is complying with the regulations governing the
appropriate use of institutional email accounts, without breaching the fundamental
standards governing the rights of workers.
- 98. The Committee reiterates its previous recommendations and once again
requests the Government to indicate whether the administrative authority has adopted any
decisions in relation to the use of email by union officials Ms María Covarrubias and Mr
Jorge Carrillo Vértiz.
