-101the assessment procedures and went on strike because they deemed their
rights had been violated; the 30% reduction “in salaries, wages and pensions
of its workers and former workers” by the Municipality, including SITRAMUN
members; the requirement by the Municipality of Lima of requisites for
organizing unions which could only be determined by law; the breach of the
ILO Convention No. 87 by “eliminating union leaves and not recognizing the
SITRAMUN - Lima Governing Board” because “its members were former
workers of the Municipality, and it by withholding the workers´ contributions”
to that union and giving them back to each individual worker; the intent to
evict SITRAMUN-Lima from its the union premises and to revert the property of
the land located in La Molina that had been granted to SITRAMUN-Lima
through a collective agreement”; the non-compliance with the judgments that
ordered remedies and reparations of the abovementioned violations; the
dismissal of over 800 workers without following the procedure established in
Legislative Decree No. 728, before the adoption of the Municipality of Lima
Agreement-in-Council No. 036 of July 4, 1996, “whereby the Empresa de
Servicios Municipales de Limpieza de Lima (ESMLL) (Lima Municipal Cleaning
Services Corporation) was dissolved and wound up;”
c)
the failure of the State to comply with the judgments pronounced by
the domestic courts whereby the right of the victims to be reinstated to their
jobs is recognized, is a serious violation of their labor and social security rights
recognized in different international instruments on the protection of human
rights;
d)
The Peruvian court system, through the decision of its higher courts,
reaffirmed the right of the alleged victims “to retain their job and continue
collecting the income that allows them to earn a decent living for themselves
and their families, after their unfair dismissal through irregular administrative
proceedings.” However, the State has neither reinstated the workers to their
jobs nor restored them the conventional benefits they had been deprived of,
thus violating their labor and social security rights to the detriment of the
alleged victims. The alleged victims are low-income persons;
e)
the actual violation of the right of the alleged victims to social security
benefits occurred as their access ―and that of their dependents― to the
protection coverage granted them by the then Instituto Peruano de Seguridad
Social (Peruvian Social Security Institute), in their capacity of insureds in said
institution, was abruptly interrupted. Such capacity as insureds “was
irreversibly and abruptly ignored immediately after their unconstitutional
dismissals, that have been occurring since 1996, were effected;”
f)
the alleged victims are still denied the right to social security, “despite
the pronouncement of individual decisions by the higher courts of the Peruvian
Justice that ordered their reinstatement to their jobs with the restoration of all
the rights inherent, to the positions they hold, including the right to enjoy the
social security protection coverage offered by the social security institutions;”
g)
the unfair dismissal of the alleged victims and the failure to reinstate
them to their jobs as ordered by the domestic courts, caused the
discontinuance of the accumulation of years of service for social security
purposes, which prevented many workers from obtaining their pensions. Many
workers were also denied their right to a disability pension. Such state of
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