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

Freedom of association / Right to organise

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office:

Temporary contracts used to avoid unionisation
30-11-2009

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.

Trade union discrimination:

Union leaders sacked at Saturn
13-02-2014

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 Talsa
13-02-2014

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.

Glencore Xstrata acts true to form in Peru
24-01-2014

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 Lindley
31-10-2013

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 PET
24-09-2013

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 discrimination
19-08-2013

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.

Anti-union harassment in Saga Falabella
29-07-2013

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).

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.

Unfair dismissal and harassment of a worker
05-04-2013

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.

Others restrictions:

Anti-union repression in Peruvian agribusiness sector
19-03-2014

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.

Right to collective bargaining

Barriers to the recognition of collective bargaining agents:

Bargaining in the public sector under threat
11-02-2014

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.

Recognition of union for collective bargaining
19-08-2013

Undermining of the recourse to collective bargaining and his effectiveness:

Barriers to collective bargaining compounded by gaps in legislation
31-12-2011

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.

Collective bargaining violations
15-12-2011

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.

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