Various business associations ratified his exit from the National Council for Labor and Employment Promotion (CNTPE) as long as Supreme Decree 014-2022-TR, which modifies articles of the regulations of the Law on Collective Labor Relations and Supreme Decree No. 001-2022-TR, which regulates labor outsourcing services in the Peru.
Through a letter to the head of the Ministry of Labor and Employment Promotion (MTPE), Juan Lira, Confiep, ADEX, ComexPerú, Lima Chamber of Commerce, Capeco, National Society of Mining, Oil and Energy, National Society of Industries, National Fisheries Society and the Association of Banks of Peru (Asbanc) indicated that they maintain their decision to suspend their participation before the CNTPE.
“Although it has always been our intention not to withdraw from this space and to try to overcome the inconveniences that may arise between the different parts that make it up, unfortunately your response confirms that the reasons indicated in our letter are valid and the breaking of the Institutionality of the CNTPE by the Government”, they pointed out.
They also mentioned that in central matters of the Preliminary Draft of the Labor Code, which are being submitted to the social and labor dialogue within the CNTPE, they have simply been subtracted and regulated by the unilateral decision of the Government with the issuance of both decrees, in an unreasonable rush that It is consistent with the need to agree on important regulations in the labor sphere, which could have given it due sustainability to be discussed and promulgated by Congress.
“Indeed, important provisions of Supreme Decree No. 014-2022-TR regarding collective bargaining, strikes, optional arbitration, to name a few issues, are not really adjustments or updates as you refer to in your response. Said Supreme Decree contains many provisions that infringe, denature or have no support in the law (beyond its regulatory powers) and even with respect to norms of the Constitution itself.”, they specified.
Likewise, they commented that the reasons put forward are not valid, referring to the time elapsed, to the fact that regulations were required to reduce socio-labor conflicts or that supposedly regressive or unequal regulations should be affected.
“On the contrary, the supreme decree will accentuate the well-known rigidity of our labor regulation and will decouple it even more from the large majority sectors of workers without rights and informal workers, at a time when in Peru we must be concerned about generating formal employment and better incomes for our workers”, they underlined.
In this sense, the business associations regretted verifying that the president of the CNTPE does not exercise a leadership consistent with the existing regulations and those created by the Government itself, aimed at achieving a broad tripartite social dialogue, mainly around the Draft Labor Code.
“The members of the Employer Sector who sign this letter request to analyze the repeal of Supreme Decrees No. 001-2022-TR and No. 014-2022-TR, to reverse its policy of actually preventing tripartite social dialogue within of the CNTPE, as corresponds according to ILO standards, and comply with building a strong, stable and lasting institutional framework in the labor field”, they limited.
