The International Labor Organization (ILO) requested explanations from the Minister of Labor, Betssy Chávez, for the lack of consultation with the social partners regarding important regulations such as the increase in the minimum living wage and the modification to the regulation of labor outsourcing.
The agency alleges that the National Confederation of Private Business Institutions (Confiep) and the International Organization of Employers (OIE) sent a letter denouncing that they were not consulted at any time, nor was there a dialogue prior to the approval of these legislative reforms.
“Confep and the OIE affirm in particular that both Supreme Decree No. 001-2022 TR of February 23, 2022, which modifies the regulation of labor outsourcing, and Supreme Decree No. 003-2022 TR of April 3 of 2022, which increases the minimum vital remuneration of workers subject to the labor regime of private activity, were adopted without prior consultation with the social partners represented within the National Council of Labor and Employment Promotion (CNTPE) “, the statement states.
Along these lines, the ILO emphasizes that in accordance with the Constitution and the international labor conventions ratified by Peru, the representative organizations of employers and workers must be effectively consulted in the process of adopting legislative or regulatory instruments that may be affect the interests of its members. Such consultation is of special importance when a general reform of the labor legislation is contemplated.
With regard to the fixing of the minimum living wage, the organization underlines that, by virtue of Article 3 of the Minimum Wage Fixing Machinery Convention, 1928 (No. 26), ratified by Peru, the application of the methods of The fixing of minimum wages must be consulted with the representatives of the employers and workers concerned.
In this sense, the ILO requests the head of the Ministry of Labor and Employment Promotion (MTPE), Betssy Chávez, “provide as soon as possible your observations on the aforementioned allegations of absence of tripartite consultation and report on any action taken or contemplated to remedy this situation.”
In addition, that it ensure compliance with the country’s international commitments and that it establish an effective social dialogue in full respect of the CNTPE’s mandate.
