of Constitutional and Social Law declared that there was no nullity and that it agreed
with the decisions issued by the lower courts; and that on November 14, 1996 the
Specialized Court for Civil Matters of Lima issued a resolution requiring the
respondent to comply within a period of three days with the order of the “Supreme
Court.”
14.
Among the actions attempted and resolutions from governmental
authorities ordering that the decision be enforced, the petitioners mention the
following:
-
In 1993 they filed a complaint with the Oversight Committee of the
Democratic Constituent Congress, which agreed to send an official
letter to the President of ECASA ordering him to proceed to pay the
workers’ fringe benefits in accordance with what had been ordered in
the Supreme Court’s final decision of February 16, 1993.
-
On November 10, 1995, the Superior Court of Justice issued a decision
responding to the ECASA Privatization Committee and the Government
Prosecutors who sought to ignore the legal status and existence of the
union; the Court expressed its views in the following terms “it is
obvious that what the summoned ECASA is seeking by liquidating is to
evade the union and not satisfy the rights of the workers that the union
brings together, in that it is has full knowledge that the principal action
has been won by the petitioners under a final decision of the Supreme
Court, the processing of which is at the stage when the decision is to
be executed. This resolution was confirmed by the Supreme Court of
the Republic on February 16, 1996.
-
The petitioners went to the ILO and received a response indicating that
the ILO had intervened with the Government of Peru and would keep
them informed of the response.
-
In 1997 SUTECASA filed a complaint with the Oversight Committee of
the Congress, the Chair of which set up a sub-committee that
recommended that a criminal complaint be filed against the Special
Committee of ECASA in liquidation, as well as the intervention of the
Office of the Comptroller General of the Republic.
-
The Special Committee was created under Law 27452 and the
Multisectoral Committee was created by Executive Decree 027-2001TR; these committees ruled in their final reports that based on the
decision in favor of SUTECASA, the petitioners were entitled to
payment of fringe benefits given that Executive Decrees 057-TR and
107-PMC had been applied to them by ignoring the Collective
Agreement and Salary Schedule signed by SUTECASA and ECASA, the
result of which was that the payment calculations were less than what
the petitioners were entitled to, in addition to the violation of the
constitutional standard establishing that obligations to workers take
precedence.
-
They reported the situation to the Constitution Committee of the
Congress and the Labor Committee; on August 6, 2001 the first
committee sent an official letter to the Minister of Economy and
Finance, indicating that since the debts were recognized by the
Constitutional Court, they should be honored with the greatest
urgency. This was reiterated on March 20, 2002 and June 4, 2002. The