Businessmen ratify MTPE’s decision not to participate in the National Labor Council

Business associations sent a letter to the Minister of Labor, John Lear, where they ratify the suspension of participation in National Labor Council unless the ministry cancels Supreme Decree 014-2022-TR -which amends the articles of the provisions of the Law on Collective Labor Relations, and Supreme Decree No. 001-2022-TR, which partially excludes the outsourcing of labor in Peru.

“We inform you that until the said decree is canceled [Decreto Supremo 014-2022-TR]as well as by Supreme Decree No. 001-2022-TR, we suspend our participation in the CNTPE,” the message says.

What did the MTPE chief say?

This was in response to a July 26 letter from the head of the MTPE, in which he asked businessmen to reconsider their decision after leaving the TsNTPE.

In this letter, MTPE clarified that approving changes to Regulation of the Law on Collective Labor Relations “This is a response to the government’s decision.”

“We inform you that we deeply regret this decision and hope that it can be reconsidered,” reads a letter signed by MTPE head Juan Ramón Lira addressed to the employers sector coordinator Oscar Kaipo. portfolio.

“In this sense, the work carried out from our portfolio has been to partially update the said rules in order to adapt them to the international standards of the International Labor Organization (ILO), in order to reduce social and labor conflicts through good governance and the promotion of freedom of association and collective bargaining,” Minister Juan Lira explained at the time.

With this in mind, the National Confederation of Private Business Organizations (Confiep), the Association of Exporters (ADEX), ComexPerú, the Lima Chamber of Commerce (CCL), the Peruvian Building Chamber (Capeco), the National Society of Mining, Petroleum and Energy (SNMPE), the National Society of Industry ( SNI), the National Society of Fisheries (SNP) and the Association of Banks of Peru (Asbanc) sent this new letter to the head of MTPE, John Lyraapproving the suspension of their participation in the work council.

In this regard, the unions indicated that the minister’s response “confirms that the reasons set out in our letter are valid and that the destruction of the institutional structure of the CNTPE by the government is real.”

They referred to the fact that the central issues of the project Working code“were subtracted and settled by a unilateral decision of the Government with the issuance of both Supreme Decrees”, which, as they pointed out, leads to “unreasonable haste, not consistent with the need to harmonize very important normative acts in the field of labor. “

ask for a review

The statement also mentions that Supreme Decree 014-2022-TR “In terms of collective bargaining, strikes or voluntary arbitration, they are not really adjustments or updates,” as Minister Lira mentioned in his response. “The said Supreme Ordinance contains many provisions that violate, denature or have no support in the Law (outside of its regulatory powers) and even in relation to the norms of the Constitution itself.”

The unions add that the supreme decree will cut off most of the major sectors. most workers are powerless and informal. For this reason, they expressed their regret that the Minister “does not exercise leadership in accordance with existing norms and norms created Government”.

Finally, they asked the head of the SPTE to review the repeal of Supreme Decrees No. 001-2022-TR and No. 014-2022-TR in order to “reverse their policy of actually obstructing tripartite social dialogue within the NSTPE.”