3 – Regular violations of rights
The ITUC Global Rights Index

Peru

The ITUC affiliates in Peru are the Central Autónoma de Trabajadores del Perú (CATP) and the Central Unitaria de Trabajadores del Perú (CUT).

In practice

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Assassination of construction union leader 27-11-2014

On 24 November 2014 trade union leader Carlos Malásquez Bastante was assassinated. He was the member of a union affiliated to the Civil Construction Workers’ Federation of Peru (FTCCP). According to José Villanueva Carbajal, leader of the FTCCP, Carlos Malásquez Bastante was shot dead in the Callao port, in the city of Lima, by unknown assailants. Vallanueva said that his federation had complained that Malásquez had been followed in a threatening way, but that he had not received the protection requested.
He said that the murder was in reprisal for the many complaints made by Carlos Malásquez about the criminal extortion practiced by pseudo unions in the sector, created to put an end to legitimate trade unions, during the government of Alan García.
The General Secretary of the General Workers’ Confederation of Peru (CGTP), Mario Huamán, has repeatedly complained that the former government led by Alan García had facilitated the registration of unrepresentative trade unions to foster parallel trade unionism, including criminal organisations.
According to the CGTP, 15 trade union leaders from the civil construction union have been assassinated in the last few years.

Labour reforms undermine jobs30-01-2015

In November 2014 the Peruvian Congress approved a law that made it easier to lay off up to 5 per cent of workers in enterprises that claimed their financial viability was at risk. One month late Law 30.288 on young workers was approved, allowing for more cuts.

Throughout January 2015, worker and student unions mobilised and protested against these initiatives that undermined and reduced labour rights. On 15 January 2015, a trade union and student demonstration was violently repressed by the police, leaving several wounded. Some of the demonstrators were arrested.

At the end of January 2015, Peruvian workers celebrated the repeal by congress of the young workers law, although they continued to mobilise against another law that was equally damaging to labour rights.

Anti-union dismissal at hydrocarbon company24-03-2015

On 24 March 2015 Julio Rodríguez La Chira, General Secretary of the National Hydrocarbon Federation of Peru (FENANHID Perú) was unfairly dismissed. According to the Autonomous Workers Centre of Peru (Central Autónoma de Trabajadores del Perú - CATP) the leader’s dismissal was an anti-union act by the company, SAVIA Perú S.A., which drills for and produces hydrocarbons.
The company was well aware of Julio Rodríguez’s position as a union representative, but it did not hesitate in dismissing him unfairly as an anti-union tactic aimed at reducing union membership and intimidating the other workers.

Nestlé ignores collective agreement30-05-2015

The General Secretary of the Nestlé Peru Workers’ Union (SUNTRANEP), Alexander Caballero, complained that the company refused to classify workers as production supervisors even though they had been carrying out the task for ten years, in violation of the collective agreement.

The multinational said that to reach this grade, workers would have to pass certain exams that would qualify them to carry out the job they had already been doing for ten years.

Caballero stresses that this is a strategy by Nestlé to be able to dismiss these workers, and replace them by others whom they could pay considerably less. To date, the company has continued to ignore the collective agreement and refuses to promote workers with over ten years experience according to the collective agreement.

Anti-union attitude by Telefónica contractors30-12-2015

The industrial dispute industrial dispute A conflict between workers and employers concerning conditions of work or terms of employment. May result in industrial action. with the companies working on contract for Telefónica Peru continued: ITETE, CALATEL and the Antonio Lari Mantto consortium. In addition to discriminating against workers and denying them the right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, these companies blocked the trade unions’ demands, administratively and legally.

The contractors persistently refuse to recognise the union representatives and refuse to check off union dues, putting the union organisations survival at risk.

Attack and threats against construction union leaders 10-02-2016

The National Executive Committee of the General Workers’ Confederation of Peru (CGTP) has condemned the violence and criminal attacks against workers and leaders of the Civil Construction Workers’ Federation of Peru (Federación de Trabajadores en Construcción Civil del Perú - FTCCP).

Manuel Coronado Lino, General Secretary of the CGTP Loreto and a national leader of the CGTP was attacked in February 2016 when an explosive device blew up outside his home putting his life and health, and that of his whole family, at risk.

According to the CGTP, in the same month Wilmer Zegarra Bonilla, Organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. Secretary of the CGTP Lambayeque and Secretary of the Civil Construction Regional Union, received a death threat and has been constantly persecuted by unidentified persons.

Union busting and unfair dismissals at Talsa30-03-2016

In March 2016, the Talsa agro-industrial company, a member of the Rocío group – one of the biggest agricultural exporters in Peru specialised in the production of asparagus, blueberries, artichokes and avocados – unfairly dismissed the whole executive committee of the Talsa Company Workers’ Union (SITETSA). It also prosecuted them for allegedly faking signatures at the general assembly held in 2013 to elect a new executive. To discredit the union leaders and bring a case against them, the company hired one of the defence lawyers of former president Alberto Fujimori.

The union leaders say they were dismissed as a reprisal for repeated complaints about poor health and safety conditions at the company. According to the union, after their dismissal the company began a campaign of heavy pressure and threats against workers to make them disaffiliate from the union.

One dead in Nazca iron mine strike31-05-2015

One worker was killed and some 200 reported injured when police fired on striking miners blocking a highway near the Shougang Hierro Perú iron mine at Marcona, Nazca province, in Peru’s coastal region of Ica on May 25. At least one other worker suffered a bullet wound. Videos aired on media in Peru show workers chanting “no disparen, no disparen” (don’t shoot, don’t shoot) at the National Police troops. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called by the FNTMMSP union federation to oppose the layoff of more than 80 workers by subcontractor Coopsol. Strikers were also pressing community demands for reduced electricity rates and a potable water project. All 963 workers at the mine took part in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, and the company has not brought contract workers to replace them while talks with the FNTMMSP are ongoing. The FNTMMSP on May 18 called a national strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to protest government decrees that allow greater use of subcontractors in the mining sector. The FNTMMSP called off the national strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on May 27. The Marcona complex, Peru’s biggest iron mine, is owned by China’s biggest iron producer, Shougang Group. The mine was also paralysed by strikes in 2009 and 2007.

Anti-union dismissals at Topy Top30-04-2015

In April , during negotiations over a new collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement, Topy Top dismissed SINTOTTSA union secretary Huber Amed Albujar.

The company also dismissed 12 union members, five of whom enjoy immunity from dismissal.

Albujar has been an outspoken critic of the exploitation of short-term contracts and a staunch defender of worker rights at the company. It is not the first time Topy Top has tried to get rid of him.

He is now facing four alleged offences all of which he denies.

Union leader hospitalized after being beaten12-09-2014

In September 2014, Luis Cardenas, a trade union leader at security firm Prosegur, became the victim of a brutal and violent assault near his home in Peru. Cardenas, an off-duty worker, was left hospitalised by the attack after an anonymous criminal smashed him across the head with a rock.

The attacker took none of Cardenas´ personal property, suggesting he was targeted simply for being a trade union leader. Just one month earlier, pamphlets were circulated to Prosegur staff identifying Cardenas as a union leader and falsely accusing him of stealing union funds.

Intimidation against LAN-TAM airlines union official24-06-2014

On 21 June 2014, Juan Carlos Talavera Flores, the press secretary of the SITALANPE union of Peru, reported that he was detained. Leader in the international solidarity campaign to protect aviation standards in South America, his detention was made while he was distributing information in the Jorge Chavez Airport in Lima and answering questions from passengers about the upcoming industrial actions and strikes in LAN and TAM airlines.

Attacks on Risk Control workers23-04-2014

In April 2014, the union representing workers at Risk Control, Sindicato de Trabajadores de la Empresa Risk Control, in the oil sector, denounced physical assaults and attempts on the lives and health of its members. The incidents took place whilst they were providing security services at the pipelines of oil company Savia Perú.

The union also denounced the absence of labour inspectors in the city of Talara and the company’s refusal to submit its responses to the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
proposals of 2012 and 2013.

According to the union, the company’s managers did not comply with the legal procedures established, failing to report the incidents to the National Police and other relevant authorities.

Regional government officials, for their part, refused to give orders to request the presence of labour inspectors.

Petrex not negotiating in good faith with oil workers23-04-2014

In October 2013, the union representing PETREX employees, Sindicato de Trabajadores de la Empresa PETREX S.A. (SIGETRAPETREX), affiliated to the Central Autónoma de Trabajadores del Perú (CATP), entered into the direct negotiations phase of the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
process and requested the accounting documents needed to know the situation in terms of profits and losses. By April 2014, however, the Administrative Labour Authority had still not issued the relevant report.

At a meeting held in April 2014 between SIGETRAPETREX and the company, the latter refused to accept the clauses presented by the workers. The managers knew that the union did not have access to the financial statements and other accounts during the negotiation. PETREX is part of the SAIPEM Group, made up of PETREX S.A. and the Italian ENI Group.

Anti-union repression in Peruvian agribusiness sector19-03-2014

Camposol is one of the largest agribusiness companies in Peru. It is also one of the most resolutely anti-union. On 13 March, one day after the start of action in support of the workers’ demands, Camposol employees were brutally assaulted by the police, 18 of them were detained and one of the female union leaders had to be hospitalised with severe head injuries.

The Sindicato de Trabajadores de la Empresa Camposol S.A. (SITECASA) had decided to take action after exhausting all channels of negotiation, “tired of the broken promises, mistreatment, dismissals and the repressive policy" of the management at the company.

In the afternoon of Thursday 13 March, a group of workers was sitting at the entrance to the company’s industrial plant in Chao as part of the trade union action being taken. National Police force officers, responding to a call from the management, arrived on the scene without warning, determined to clear the entrance at any cost.

According to witnesses, the police acted with unrestrained force. The trade union leader Carmen Silvestre was hit on the head and had to be initially admitted to the Medical Post of Chao and later transferred to the Essalud Hospital in Viru. Another 18 workers were detained, including the general secretary of SITECASA, Felipe Arteaga Saavedra, his predecessor, Santos Garro Rojas, and former leaders Elmer Riveros Escobal and Teresa Cóndor Cotrina.

Union leaders sacked at Saturn13-02-2014

The management at Saturn, an agri-business firm in the district of Chulucanas, sacked trade union leaders Mercedes Camacho Juárez and Luis Alberto Manrique Santos, who had been elected in November 2013 to serve as Women’s Secretary and Organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. Secretary for the Sindicato de Trabajadores Agrarios de Perú (SITAG). The company used the expiry of the two employees’ employment contracts to cover up the real reason behind their dismissal.

Trade union leader sacked at Talsa13-02-2014

On 25 January 2014, trade union leader Felipe Román Rodríguez Moreno, who had just been elected Minutes and Records Secretary, was called into the office of Manuel Razzeto Chauca, the human resources manager at Talsa, a company based in the Libertad region that belongs to the Rocío Group and exports asparagus, artichokes and berries.
The reason for summoning him was simple and direct: coercion. Rodríguez Moreno was presented with a choice: he either had to resign from his position in the union and withdraw his membership or lose his job. According to a report by the Federación Nacional de la Agroindustria y Afines (FENTAGRO), the HR manager told the trade unionist that he was “setting the workers a bad example” by belonging to the union.
The following Monday, 27 January, Rodríguez Moreno was not allowed into the factory. Razzeto Chauca informed him that he had been dismissed and that he would receive notice of the decision through a notary.

Bargaining in the public sector under threat11-02-2014

Seeking to reach a collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement with the Peruvian government, three public-sector union confederations presented a joint petition to government officials in February 2014. The bargaining proposal includes the freedom for workers to form unions, and stresses that worker rights should not be negated even though civil service is a “vocation and calling.”

The industry-wide bargaining proposal “is an opportunity to advance respect for freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
in the public sector, which are currently under threat,” said Jorge Villa García, Deputy Secretary General of the Federación Nacional de Trabajadores Administrativos del Sector Educación (FENTASE). “It’s a chance for us to negotiate fair wages and establish agreements that will prevent conflict and help us build a better Peruvian civil service.” Villa García is also Public Services International (PSI) coordinator for Peru.

Glencore Xstrata acts true to form in Peru24-01-2014

In December 2013, IndustriAll denounced that Glencore Xstrata was using unfair dismissals, coercion and interference in union affairs to prevent technicians at the Antapaccay copper company in the Cuzco region of Peru from unionising.

On 24 March 2014, workers at the Antapaccay company, a Glencore Xstrata subsidiary, began a two-day stoppage in protest of the failure to pay legally-mandated profit sharing; the violation of the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement; the use of fixed-term contracts, and the illegal dismissal of employees for forming a union of technicians and administrative staff.

Anti-union reprisals at Corporación Lindley31-10-2013

On 16 October 2013, Corporación Lindley unfairly dismissed 32 workers affiliated to the Sindicato de Trabajadores de la Corporación Lindley S.A. (SITRACORLINSA), ignoring the Labour Ministry’s order to provide them with permanent employment contracts, denounced the General Secretary of SITRACORLINSA, Pedro Huapaya.

Huapaya explained that the union had requested an inspection into the misuse of fixed-term contracts on grounds of technological innovation, affecting 35 workers who, having worked on short-term contracts for over two years, were entitled to permanent employment.

The inspection concluded that 294 workers were not employed under the appropriate contracts.

To defend their rights, 127 workers decided to join the union. The company, angered by the decision, retaliated by dismissing 32 of the workers on 16 October.

Covert layoffs at San Miguel Industrias PET24-09-2013

In 2012, a trade union was set up at San Miguel Industrias PET, a company which produces plastic packaging. In August 2013, the company closed the warehousing department and “invited” all the workers to “a mutual parting of the ways with economic incentives”. If they did not accept the proposal on the table, they would be relocated to Arequipa, a 17-hour journey overland to the south of the capital.

Anti-union harassment in Saga Falabella29-07-2013

On 29 July 2013, workers at Saga Falabella, Peru, demonstrated in front of the shop in the Plaza San Miguel, Lima, in defence of their labour rights and freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
. The trade union called for an end to the harassment by executives and bosses of workers and leaders of the Sindicato Único Trabajadores de Saga Falabella (SUTRASAF).

Unfair dismissal and harassment of a worker05-04-2013

Juan Flores Haro suffered reprisals from the Redondos Alimentos company over a three month period. The Peruvian justice system had ruled that he had been unfairly dismissed and had obliged the company to reinstate him. He was subsequently dismissed again on 5 April 2013.

Peruvian clothing company ignores court ruling 30-06-2013

In June 2013, following countless appeals, rulings and resolutions, Texpop Corporation still stubbornly refuses to uphold the decision of the courts and reinstate the 129 workers who were dismissed in blatant violation of the right to freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
back in 2009.

Anti-union discrimination19-08-2013

The Spanish telecommunications company Telefónica has systematically dismissed workers attempting to form a union in several of its subcontractors. One of the main cases happened with the Telefónica subcontracting company ITETE SA that dismissed all workers affiliated to the union SITENTEL.

Fidel Polo, Legal Defence Secretary for the Sindicato de Trabajadores de la Sociedad Agrícola Virú (SITESAV) and Deputy General Secretary of the Federación Nacional de Trabajadores de la Agroindustria y Afines (FENTAGRO), was dismissed after appearing on a local television programme speaking out against working conditions in the Peruvian agricultural export industry.

Recognition of union for collective bargaining19-08-2013
Collective bargaining violations15-12-2011

According to Labour Ministry figures released in December 2011, 18 collective disputes remained unresolved across the country. Failure to recognise collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
rights was at the root of the disputes in 11 out of the 18 companies in the electrical and civil aviation sectors; three disputes were related to pay and working conditions in construction companies; one was over failure to comply with the collective agreement and the remaining three were linked to workers’ rights.

Barriers to collective bargaining compounded by gaps in legislation31-12-2011

The state has shown little or no interest in promoting collective agreements at branch level. There is currently no labour legislation specifying the scope of branch-level collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. By failing to specify the rules needed to make it viable, the law neither fosters nor guarantees collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
.

Telefónica del Peru, one of the most profitable companies in the country, is sticking to its policy of refusing branch-level collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, systematically rejecting the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
rights of employees of companies that form part of the Telefónica Group in Peru. As a result, discrimination in terms of working conditions is suffered by workers employed by companies not directly owned by Telefónica del Perú, but which provide services and operations for it and belong to the telecommunications sector.

In August 2011, the Chilean company Ripley finally agreed to engage in the collective negotiations it had been refusing to hold since 2010 with the Sindicato Único de Trabajadores del Grupo Ripley (Sutragisa). The union’s demands were aimed at improving pay and working conditions for Ripley’s 5,000 workers. An agreement was ultimately reached in October 2011 under pressure from the Labour Ministry, urging the company to discuss the union’s demands.

Temporary contracts used to avoid unionisation30-11-2009

Manufacturing companies are making fraudulent use of temporary contracts on a massive scale to avoid unionisation, the recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of labour rights and the payment of benefits. Workers on short-term contracts are denied the right to organise and are subjected to long working hours, low pay, abusive treatment and limited access to pension and health cover, as they do not have a permanent employment relationship.

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