charged with preparing a report on the employees who had been dismissed irregularly and
to offer recommendations.48
72. The Special Commission in charge of reviewing the collective dismissals of
congressional personnel, in its report of December 20, 1991, concluded inter alia: (i) that
there were irregularities in the evaluation and selection of personnel in 1992 because the
minimum points established for the competitive examinations were not respected and, in
many cases, nor were the applicants’ results in the qualifying examination; (ii) that the
former employees who received their social benefits and those who opted for incentives by
voluntarily resigning agreed with their dismissal, and (iii) that they abstained from pursuing
any domestic or international claim that might exist judicially.49
73. In November 2001, Law 27586 was adopted, which set a deadline of December 20 for
the Special Commissions to conclude their final reports. That law also created a Multisectoral
Commission to evaluate the viability of the recommendations of those reports, establish the
measures that should be implemented by the heads of the entities and the decrees and the
draft laws that should be prepared. The Multisectoral Commission could suggest the
reincorporation of employees, a special regime of early retirement, review the grounds for
the dismissals and determine the cases in which the payment of remuneration or social
benefits was due, provided that their judicial claims were withdrawn.50
74. In March 2002, the Multisectoral Commission issued its final report, in which it
concluded, inter alia, that “the norms that regulated the collective dismissals should not be
questioned […], merely the procedures by which they were implemented.” It also agreed
“that any recommendation on reinstatement or replacement should be understood as a new
labor relationship, which could be a new contract or a new appointment, provided that there
are vacant budgeted positions in the entities or that such positions are made available; that
the employees comply with the requirements for these positions; that there is legal
competence to hire, and that there is a legal norm that authorizes appointments.” Based on
the recommendations of the Special Commission, it decided that there were 760 cases of
irregular dismissals of congressional employees under the 1992 evaluation and selection
procedure.51
75. On July 29, 2002, the State promulgated Law 27803 that created the Special Benefits
Program, which gave the employees the option of reinstatement or reassignment, early
retirement, financial compensation or job training. In its fourth transitory provision, the law
stipulated that the “irregular dismissal of those former employees who had existing legal
proceedings are included in this law, provided they […] withdraw their claim before the
jurisdictional body.” For the purposes of executing the benefits envisaged, the same law
created the National Registry. Law 27803 also established that the State would assume the
payment of pension contributions "for the period of time during which the employee was
dismissed" and that "in no case does this imply the recovery of unpaid salaries during the
same period.” In addition, in 2004, a paragraph was added to Article 13 that established
48
89(32).
49
89(33).
50
89(34).
51
89(35).
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para.
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para.
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para.
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para.
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