The president of the Congress of the Republic, Maria del Carmen Alva, presented a package of five bills to modify or implement labor regulations, which could affect millions of workers in Peru.
The initiatives have been in the Parliament’s Economy and Labor committees since last October 6, awaiting their approval. However, several parliamentarians have been against these bills, because, according to what they indicated, it would benefit large companies.
One of the proposals, the project 316 raises the option for companies to agree with their workers who have salaries below 2UIT (8,800 soles) to include the gratuity and other benefits to the monthly remuneration.
Ana Roque Padilla, a labor lawyer, told the newspaper La República that if the rule is approved, the worker with a fixed-term contract would no longer receive the July and December bonuses, but that these payments would be divided into the monthly salary.
He considers that it is difficult to reverse this system, because “In the future it would make the CTS or the rewards meaningless”.
In addition, Katy noriega He told El Comercio that when negotiating a contract, “[los empleados] they will have less possibility of negotiating with the employer. The company can be very clear [al decir que] pay salary and bonuses that way and it would be a “take it or leave it” for the worker”.
About him project 317 Regarding collective termination, this proposal would be “Making the dismissal of personnel more flexible” andSpecialists point out that, although the figure of collective dismissal already exists, the project seeks to expand the range and would give the power to companies, since in the time that there is no regulation, it leaves open the possibility of modifying participation of the MTPE in the approval process.
On the other hand, the bill 321 proposes making fixed-term contracts more flexible. In this regard, Roque Padilla stated that “it is very risky to want to regulate so that fixed-term contracts no longer have all the necessary detail. This can prevent proper oversight. Currently, the contracts must be very detailed ”.
THE PROPOSALS
– Project 316: Companies may include benefits and bonuses in the compensation of workers
This may include gratuity and other benefits in regular pay, except CTS and profits.
– Project 317: Allows companies to apply collective redundancy to less than 10% of their staff
The termination must occur due to acts of God and force majeure, economic, technological, among others.
– Project 318: Part time is 24 hours a week or less.
Part-time workers have seven days of vacation in their first year of service and 15 days from the second year
– Project 319: The State can hire pensioners from the PNP and the Armed Forces
They can work in regional and local governments, institutions and public companies.
– Project 320: Companies that incorporate or formalize adults under 29 years of age and 55 and over obtain tax benefits
The renewal of the temporary contract may be carried out successively up to a maximum of three years.
– Project 321: Provides details on the loss of employment in the case of a permanent contract
It makes the rigorousness of this type of contracts more flexible, generating risks of difficulty at the time of the labor inspection.
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