Lima City Council refuses to reinstate dismissed workers despite court order

The first week of September marked one year since the Judiciary ordered the Metropolitan Municipality of Lima to temporarily reinstate 38 cleaning workers affiliated with the commune’s Workers’ Union (Sitomun). The workers were fired in July 2023, after protesting against the Mayor’s management Rafael Lopez Aliaga due to disagreements during a collective bargaining process.

According to the court file that was accessed The Republicthe 38 workers were fired for allegedly having incurred in “serious indiscipline, insult and verbal or written breach of word to the detriment of the employer”, that is, Lopez AliagaThe alleged serious offense was using the nickname Porkya nickname that the mayor himself used during his campaign, in demonstrations and on banners.

In September 2023, the Tenth Permanent Specialized Labor Court of Limaafter reviewing the facts, determined that there was a “high probability” that the sanction was “unconstitutional and abusive,” since the terms were not derogatory or insulting. It also considered that the workers would be at risk of not receiving compensation while a final ruling is issued.

For these reasons, a precautionary measure was issued in favor of the 38 dismissed workers, a measure that was ratified in the second instance in April of this year. However, to date, the Municipality of Lima does not comply with the court ruling.

The precautionary measure requested by the Lima Municipal Workers Union was upheld.

The refusal of the MML

The general secretary of the Sitomun, Magdalena Jorge Vegahe said to The Republic that last August a virtual reinstatement hearing was held, so that, in the presence of a PJ official, the workers could be reinstated. However, the attorney for the MML He said the institution has no budget.

“They said they didn’t have a budget, that they would see in September. It’s just a complete mess because their intention is not to replace the workers. We have had the precautionary measure since September of last year. But in August there was a CAS competition to hire cleaning workers and they hired 652 workers, far from replacing the workers who are also cleaning workers,” declared the union representative.

Due to non-compliance, the Court has made the warning effective. MML and she was fined 20 Procedural Reference Units (URP), that is, 10,300 soles.

The union member indicated that “since the day they were fired” the affected workers have been at the intersection of Jirón Conde de Superunda and Jirón Camaná with signs, demanding respect for their labor rights. “For being there, the Inspection Area has fined them 1,900 soles,” she said.

Magdalena Jorge Vega He added that the judge in charge has already ordered certified copies to be sent to the Public Prosecutor’s Office to evaluate the initiation of criminal action against the officials responsible for the alleged crime of disobedience or resistance to authority. The Republic sought the discharges of the Municipality of Lima through its Press Department. However, at the time of closing this note, we had not received a response.

The case in the Supreme Court

Regardless of the precautionary measure, the case has already been resolved in two instances. In March of this year, the Tenth Permanent Specialized Labor Court of Lima rejected the arguments of the commune and declared the demand of the Lima Municipal Workers Union (Sitomun).

“The terms used by these workers were not derogatory or subject to such insults that they could be considered as insulting conduct that undermines the reputation or career of the employer through imputations (in accordance with the terms used in the notice of dismissal letter) that make the continuity of the employment relationship irreconcilable,” the Court determined.

Court ruled that mass dismissal was unconstitutional.

The Court even stated that, in case a breach of word was indeed established against Lopez Aliagathis would not warrant dismissal because it is not rational or proportional, as established by the Constitutional Court in successive rulings. The first instance judge argued that this was a fraudulent dismissal.

The defense of the MML appealed the first instance decision, but the Second Permanent Labor Court of Lima rejected the challenge last July. The court held that the appeal Porky It did not contain any insulting charge and concluded that the municipality acted with a “malicious and biased spirit” when firing workers under this excuse.

Labor Court upholds ruling ordering reinstatement of 38 dismissed workers.

The MML filed an appeal against the second instance ruling, so La Supreme Court will have the final say. Meanwhile, the 38 workers remain on the streets, despite having a precautionary measure and a sentence, both confirmed, in their favor.