archived; leaving unharmed the right of the alleged victims to file a remedy to the
appropriate venues.
35.
The information available indicates that although the decision in favor
of the alleged victims refers only to the inapplicability of Decrees 057-90-TR and 10790-PCM, during the process of executing the decision, some of the judicial authorities
who made decisions in the process recognized that the purpose of said processing of
the execution of the decision was to restore the status quo ante and, thus, to achieve
payment of the debt ECASA had to the alleged victims as a result of the application
of the decrees declared judicially “inapplicable” because they constituted a violation
of labor rights.
36.
By way of example, it can be mentioned that expert analyses were
ordered to determine the application of the decrees and the amount of the debt that
had not been received as a result. In this respect, the attachments to the file include
expert reports dated April 22, 1996 and September 8, 1998, indicating that the
purpose of the reports was to determine the application of the 90-91 collective
agreement, to determine whether or not Decrees No. 057-90TR and 107-90 PCM
were applied, and to determine the amount that ECASA owed to the workers
represented by SUTECASA.
37.
In addition, the Superior Court of Justice of Lima, in a decision of
November 10, 1995, declared the nullity of the appeal filed by ECASA, stating:
(…) in this sequel to what was already settled in the principal action, there is
no restriction whatsoever on the rights of the workers who are supported by
the Constitution and the labor laws that governed during the period they
rendered their services; in this respect, nothing can render invalid what was
resolved by the Final Decision of the Supreme Court in an Appeal for
Constitutional Protection (…) declaring the constitutional appeal filed by the
Single Union of Workers of the Empresa Comercializadora de Alimentos
Sociedad Anónima, leaving settled the right of the complainant workers, who
have been acting through their Union to have their individual labor rights
honored; (…) administrative decisions are ineffective when they violate the
constitutional rights of the complainants, who have a legitimate right to
demand payment of their fringe benefits, and the method they use to have
their legitimate claims honored is irrelevant, all the more so when their already
recognized rights have attained status as res judicata and it is
counterproductive that the processing of execution and the process of
liquidations would delay payment of the amounts owed to them and that the
workers would have to confront new difficulties in addition to those they have
already overcome, since the record shows that the handling of this case has
been drawn out over several years, threatening to make the complainants’
rights illusory and to render without effect the appeal for constitutional
protection.
38.
The argument of the petitioner is based in the lack of compliance of
a decision on they favor. Once they obtained a favorable decision of amparo, they
acted in the process of execution in which on February 12, 1999, it was declared that
amparo has only declarative effects even though during the procedure judicial
authorities required expert reports to determine the amount of the debt.
39.
Without at this stage analyzing whether the failure to pay the
benefits that were not received as a result of having applied the challenged Decrees
constituted a failure to comply with the decision, the Commission considers that
during the process of executing the decision, the judicial authorities acted in a way
that indicated that the process of executing the decision was the appropriate
mechanism for achieving payment of the benefits owed. Under these circumstances,
the Commission considers that the State failed in demonstrating the existence of