Effect given to the recommendations of the committee and the Governing Body - Report No 358, November 2010

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

1. 88. The Committee last examined this case at its November 2008 meeting, when it asked the Government to ensure that union official Roger Augusto Rivera Gamarra was paid the wages that were due to him between his dismissal in 2003 and his reinstatement in 2008, in accordance with the 2007 ruling of the Supreme Court of Justice [see 351st Report, para. 164].
2. 89. In a communication dated 12 February 2010, the complainant organization states that the Government has not complied in full with the payment of the wages and length-of-service benefits, despite the issue of court orders by the Supreme Court of Justice. The first court order (Resolution No. 52 of 29 December 2009, declaring the appeal lodged by the public prosecutor of the Ministry of Agriculture against resolution No. 50 of 26 October 2009, to be inadmissible) calls for the payment of 76,615.60 new soles (PEN) in respect of remuneration, and the second (Resolution No. 53 of 21 January 2010) for the payment within three days of the length-of-service benefits, with interest. However, no payment has yet been made. The complainant organization states that Mr Rivera Gamarra has therefore written to the judge to request the removal of the official who is failing to carry out the court order. The union adds that he also wrote to the official on 8 February 2010, requesting payment of the amounts due to him, such as holiday pay and school fees, as well as of the compulsory contributions in respect of social security (ESSALUD) and the pension fund (AFP). Finally, the complainant organization states that because of the Government’s failure to comply with the court orders, the union went on a 24-hour strike on 17 September 2010.
3. 90. The Committee deeply regrets that the Government has not supplied any information on the subject despite the length of time (five years) that has elapsed since its first examination of the case and requests that it comply in full with the 2007 court order calling for the reinstatement of Roger Augusto Rivera Gamarra and the payment of the wages and other benefits due to him. Recalling that it had noted the reinstatement of the trade union leader in its previous examination of the case, the Committee regrets that such a long time has passed without his being paid the wages and other benefits due to him, as ordered by the judicial authority. The Committee expresses the firm hope that the Government will as a matter of urgency take all necessary steps to ensure that the said wages and other benefits are paid and requests the Government to keep it informed of the action that is taken.