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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 128. The Committee last examined the substance of this case at its March 2009 meeting and on that occasion made the following recommendations [see 353rd Report, paras 1244–1273]:
- (a) Regretting the large number of dismissals of SIFUSE members, the Committee emphasizes that no one should be dismissed or suffer prejudice by reason of trade union membership or activities, and hopes that the court will give a ruling soon on the applications presented by the trade unionists in question. The Committee regrets the delay in these proceedings and requests the Government to keep it informed in this regard and, if the anti-union nature of the dismissals is confirmed, to take appropriate steps with a view to reinstating the trade unionists in question. The Committee requests the Government to respond to the allegation regarding the change in the duties of Mr Juan Herrera Liendo within the company.
- (b) The Committee requests the Government to communicate any ruling handed down by the court following the application made by the company regarding the administrative decisions concerning negotiation of the list of claims for 2006 presented by SIFUSE.
- (c) The Committee requests the Government to carry out an inquiry into the various types of promotion which the company is alleged to have given to SUTESAL members in a way that discriminates against SIFUSE members, and into the allegation that renewal of temporary contracts has been made conditional on resignation from SIFUSE. The Committee requests the Government to keep it informed of the outcome.
- 129. In its communication of 25 February 2009, the Government states in relation to the allegations presented by the General Confederation of Workers of Peru (CGTP) on behalf of the Union of Officials, Professional Employees and Technicians of the Lima Drinking Water and Sewerage Service–SEDAPAL (SIFUSE), according to which anti-union practices were carried out (such as the dismissal of trade union officials and members, as well as harassment of unionized workers), including the unjustified refusal by the employer to bargain collectively with said trade union, that SEDAPAL was requested through official letter No. 138-2009-MTPE/9.1 to comment on the alleged practice of solely awarding promotions and incentives to workers belonging to the Single Union of Drinking Water and Sewerage Service Workers (SUTESAL) while denying SIFUSE members the same treatment, these allegations constituting discriminatory and anti-union acts within the said enterprise should they prove to be true. Furthermore, the Government states that the judiciary is the state body responsible for definitively resolving the judicial proceedings concerning the alleged dismissals of SIFUSE officials and/or members, in accordance with the national legislation in force, and that to date no definitive ruling has been issued. Moreover, it is for the courts to rule on the judicial request lodged by the enterprise SEDAPAL for the annulment of the administrative rulings adopted by the administrative labour authority regarding the negotiation of the 2006 list of claims put forward by SIFUSE.
- 130. The Government adds that, through official letter No. 137-2009-MTPE/9.1, the judicial authorities have again been requested to provide information on the current situation of the proceedings relating to the complaint (which will be transmitted to the ILO in due course) in order to ensure that the State, in its legal action, is scrupulously in compliance with the labour provisions that are in force at the national and international levels with the objective of preventing any act that is in violation of and/or detrimental to the exercise of any of the rights set out in collective labour legislation or the Conventions of the International Labour Organization respecting those rights.
- 131. The Committee takes note of this information. The Committee expects that the Government will send, in the near future, the information requested of the judicial authorities and the enterprise.
