Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information it supplied regarding the comments by the Single Trade Union of Technical and Allied Workers of the Peruvian Institute of Social Security (SUTAEIPSS).

The Committee observes that SUTAEIPSS objects to Presidential Decree No. 044-97-PCM of 18 September 1997, highlighting that it was issued without prior consultation with trade unions, and makes the right of public servants to request deduction at source of their union contributions subject to presentation by the worker of a simple letter to the offices designated for this purpose by the corresponding public sector body, an authorization which must be renewed annually. According to the SUTAEIPSS, deductions had previously been regulated by collective bargaining and this system has been undermined by the Decree in question.

The Committee observes that the Government does not refer in its report to the Decree to which SUTAEIPSS objects. The Committee recalls that the requirement for a worker to renew annually the authorization to deduct union dues should not be imposed by law unless it has been subject to collective bargaining or agreement between the union and the member, in conformity with the union statutes, and without interference by the authorities. The Committee asks the Government to take measures to amend the Decree accordingly.