-52governments within the scope of Law No. 26093 (supra para. 204(1)), whereby
municipal governments were authorized to start assessment and classification
processes of their employees and workers.38
204(4) On January 28, 1996 Lima Mayoral Resolution No. 033-A-96 of January 16,
1996 was published, wherein it was established that the Staff Assessment Program
of the Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima)
pursuant to Law No. 26553 of 1995 and Decree-Law No. 26093 of 1992 (supra
paras. 204(3) and 204(1)), and the Bases for the aforementioned program,
contained in Attachment 1 thereto, were adopted. According to the provisions of the
above Resolution, such program encompassed “all the staff —supervisory,
professional, technical, administrative and operative—, workers and employees.” 39
204(5) The Bases of the foregoing Staff Assessment Program provided that on March
22 and April 12, 1996 a job assessment of employees and workers respectively was
to be carried out. Furthermore, it was set forth that “those workers who do not
qualify according to the assessment process, as well as those who decide not to
undergo the assessment and/or fail to sit for the pertinent exams, would be declared
redundant pursuant to Decree-Law No. 26093.”40 Said Bases were not published
before the dates for which the assessment was scheduled.41
204(6) The assessment process was entrusted to Universidad Privada San Martín de
Porres (San Martín de Porres Private University) pursuant to Lima Mayoral Resolution
No. 4102-96.42
204(7) The Municipality of Lima did not carry out the assessment scheduled for
March 22, 1996 (supra para. 204(5)).43
204(8) On March 25, 1996 some workers stated in writing that they had failed to
appear voluntarily on the date the assessment was scheduled and reaffirmed their
intention not to undergo such assessment.44
38
Cf. 1996 Public Sector Budget Act, Law No. 26553 (case file with appendixes to the application
brief, appendix 13, folio 130).
Cf. Lima Mayoral Resolution No. 033-A-96 issued on January 16, 1996 (case file with appendixes
to the application brief, appendix 14, folio 147).
39
40
Cf. Bases of the Staff Evaluation Program of the Municipalidad de Lima Metropolitana (Lima
Metropolitan Municipality) (brief filed on August 12, 2005 by the Public Attorney of the Municipalidad de
Lima Metropolitana (Lima Metropolitan Municipality) on its behalf, appendix 3, folio 5099).
41
Cf. Judgments rendered by the Chamber Specializing in Public Law on February 6 and June 6,
1997 (case file with appendixes to the application brief, appendixes 17 and 19, folios 861 and 1093).
42
Cf. Lima Mayoral Resolution No. 4102-96 (case file with appendixes to the brief containing the
answer to the application, appendix 11, folio 4172); contracts for services entered into by the
Municipalidad de Lima (Municipality of Lima) and Universidad San Martín de Porres (San Martín de Porres
University) (case file with appendixes to the brief containing the answer to the application, appendixes 12
and 13, folios 4174-4178).
43
Cf. Judgments rendered by the Tribunal Constitucional (Constitutional Court) on April 9 and
August 20, 1999 (case file with appendixes to the application brief, appendixes 20 and 21, folios 1275 and
1322).