Wa0034.
Wa0034.
Wa0034.
FACULTY OF LAW
THEME:
SUBJECT:
TECHNICAL ENGLISH I
TEACHER:
MEMBERS:
CYCLE: IV
ICA – PERU
2023
DEDICATION
This monographic work is dedicated
primarily to God who has given us the life
and strength necessary to finish this project,
to our parents who are the ones to whom we
owe everything we have, to our teachers who
are the ones who do not give us the necessary
tools to later develop in our professional life
and to all the people who trust us and support
us morally and economically to achieve our
goals.
ACKNOWLEDGMENTS
I would like to express my heartfelt gratitude to all those who have supported and guided me
throughout the process of researching and writing this monographic work on "Workers' Rights."
First and foremost, I extend my thanks to my [mention any relevant individuals or organizations,
such as professors, advisors, or institutions] for their invaluable assistance, expertise, and
encouragement. Your insights have been instrumental in shaping the content and direction of this
work.
I am also deeply appreciative of my family and friends for their unwavering support, patience,
and understanding during this academic journey.
Lastly, I would like to express my appreciation to all the workers and labor advocates whose
dedication to upholding and advancing workers' rights continues to inspire and drive positive
change in our society.
In the social and economic fabric of any nation, workers' rights stand as fundamental
pillars that uphold justice, fairness, and stability. These rights are not only a reflection of
the historical evolution of labor relations but also a mirror of the core values that define
a society.
This monographic work delves into the fascinating world of "Workers' Rights," a vital
area of Labor Law that safeguards the interests and dignity of those who tirelessly
contribute to our country's economic development. Throughout these pages, we will
explore key aspects of this crucial topic, starting with an examination of labor legislation
that shapes working conditions. We will then analyze equal employment rights that ensure
fair opportunities for all workers. Additionally, we will explore collective bargaining
rights that empower workers to unite and collectively defend their interests.
Ultimately, this research not only seeks to shed light on the theory behind workers' rights
but also to offer a practical insight into how these legal provisions impact the daily lives
of workers and the business landscape. Through concrete examples and in-depth analysis,
we will examine how these legal issues directly affect our society and the economy of our
country.
In an ever-evolving labor world, understanding and advocating for workers' rights have
become more relevant than ever. This work thus becomes a valuable resource for students,
scholars, and anyone interested in comprehending the complex interaction between the
law and the workforce in our current society.
Table of Contents
DEDICATION .............................................................................................................................. 2
ACKNOWLEDGMENTS ........................................................................................................... 3
INTRODUCTION ........................................................................................................................ 4
CAPITULO I ................................................................................................................................ 7
LABOUR LEGISLATION ...................................................................................................... 7
Introduction to Labor Legislation in Peru......................................................................... 7
Minimum salary ................................................................................................................... 7
Working Hours and Overtime ............................................................................................ 7
Employment Contracts and Workers' Rights ................................................................... 9
EQUALITY RIGHTS AT WORK .......................................................................................... 9
COLLECTIVE BARGAINING RIGHTS ........................................................................... 10
Introduction to Collective Bargaining in Peru ................................................................ 10
Legal Framework for Collective Bargaining in Peru ..................................................... 10
The Role of Unions in Collective Bargaining................................................................... 11
Union Formation: ............................................................................................................... 11
Collective Bargaining Process ........................................................................................... 11
Benefits of Collective Bargaining...................................................................................... 11
Increased Salaries and Benefits: ....................................................................................... 11
Improvement of Working Conditions: ............................................................................. 11
Reduction of Labor Conflicts: .......................................................................................... 12
Strengthening Labor Relations:........................................................................................ 12
Challenges of Collective Bargaining in Peru ................................................................... 12
Low Unionization Rate: ..................................................................................................... 12
Lack of Knowledge of Rights: ........................................................................................... 12
Conflicts of Interest: .......................................................................................................... 12
SAFETY AT WORK .............................................................................................................. 12
RIGHTS IN DISMISSAL ...................................................................................................... 13
VACATIONS AND PAID TIME OFF .................................................................................. 14
COMPENSATION AND BENEFITS................................................................................... 15
What is compensation for time of service? ...................................................................... 15
How is compensation for time of service calculated? ..................................................... 15
What legal rewards exist? ................................................................................................. 16
Vacation break in Peru ...................................................................................................... 16
Profit sharing ...................................................................................................................... 17
Are there other work benefits in Peru? ............................................................................ 17
What diplomas are there in labor law in Peru? .................................................................... 17
RESOLUTION OF LABOUR DISPUTES .......................................................................... 18
Mediation: a constructive approach ................................................................................. 18
Legal Processes in Labor Disputes ................................................................................... 18
Impact of Labor Dispute Resolution ................................................................................ 19
CURRENT CHALLENGES AND PROBLEMS ................................................................ 19
CASE STUDIES ..................................................................................................................... 20
Case Study 1: Farmworkers in the Ica Region................................................................ 20
Case Study 2: Textile workers in Lima ............................................................................ 21
RECOMMENDATIONS ............................................................................................................. 23
CONCLUSION ............................................................................................................................ 24
CAPITULO I
LABOUR LEGISLATION
Labor legislation in Peru is a fundamental component of the country's legal system whose
main objective is to guarantee the rights and protection of workers. These laws are
designed to balance the needs of employees and employers, creating a fair and safe work
environment. In this article, we will explore the fundamental labor laws in Peru that
address key issues such as minimum wage, working hours, and workplace safety laws.
The Ministry of Labor and Employment Promotion (MTPE) is the entity in charge of
supervising and enforcing labor laws in Peru. In addition, there are autonomous
organizations such as the National Institute for the Defense of Competition and the
Protection of Intellectual Property (INDECOPI) and the National Superintendency of
Labor Supervision (SUNAFIL) that play an important role in the regulation and
supervision of labor relations.
Minimum salary
The minimum wage in Peru is mainly regulated by Supreme Decree No. 007-2020-TR,
which establishes the minimum amount of remuneration based on various occupational
categories and geographic areas. This decree is issued by the Ministry of Labor and
Employment Promotion (MTPE) and is updated periodically.
Featured Article:
Supreme Decree No. 007-2020-TR: This decree sets the amounts of the minimum wage
in Peru for different occupational categories, geographical areas and economic activities.
It establishes the minimum rates that employers must pay their employees for their work.
Supreme Decree No. 007-98-TR, Article 3: Establishes the maximum duration of the
regular work day, which is 48 hours a week, distributed over six workdays of 8 hours
each.
Supreme Decree No. 007-98-TR, Article 9: Establishes the conditions and rates for the
payment of overtime worked.
Supreme Decree No. 007-98-TR, Article 10: Defines restrictions on the number of hours
of continuous work without rest and daily and weekly rest periods.
Safety and health at work are critical issues in Peruvian labor legislation. Workplace
safety laws are intended to protect workers from injuries, workplace illnesses, and
dangerous working conditions. These laws apply to all employers and workers in the
country.
The legislation establishes the obligation of employers to provide a safe and healthy work
environment. This includes the implementation of occupational risk prevention measures,
health and safety training, and the provision of personal protective equipment when
necessary.
Additionally, labor law in Peru establishes that workers have the right to refuse to perform
tasks that they consider dangerous to their health or safety. In the event of workplace
accidents or occupational diseases, workers have the right to receive medical care and
financial compensation.
Featured articles:
Supreme Decree No. 005-2012-TR, Article 10: Details the requirements for the
identification and evaluation of occupational risks.
Supreme Decree No. 005-2012-TR, Article 13: Establishes the provisions on training in
occupational health and safety.
Employment Contracts and Workers' Rights
Employment contracts and workers' rights are supported by Legislative Decree No. 728,
which regulates the employment contract and other aspects related to employment in
Peru.
Featured articles:
Legislative Decree No. 728, Article 10: Establishes the obligation to enter into written
employment contracts and the elements that must be included in said contracts.
Legislative Decree No. 728, Article 21: Recognizes the right of workers to freedom of
association and collective bargaining.
Legislative Decree No. 728, Article 29: Establishes the right of workers to non-
discrimination and equal opportunities in employment.
• Non-discrimination: All people have the right to be treated equally and without
discrimination in employment, including access to work, training and professional
development, remuneration and working conditions.
• Equal opportunities: Companies must guarantee that all people have the same
opportunities to access employment and develop professionally, regardless of
their gender, race, religion, sexual orientation, or other personal characteristics.
• Workplace harassment: All forms of workplace harassment, including sexual
harassment and harassment based on gender, race, religion, or sexual orientation,
are prohibited, and must be sanctioned by the company.
• Equal pay: Companies must ensure that all people doing the same work receive
the same pay, regardless of gender, race, religion, or sexual orientation.
• Access to training and professional development: All people have the right to
access training and professional development on equal terms, regardless of their
gender, race, religion, or sexual orientation.
• Protection against arbitrary dismissal: Companies cannot fire a person based on
gender, race, religion, or sexual orientation. Furthermore, everyone has the right
to adequate protection against arbitrary dismissal.
In short, workplace equality rights are fundamental to ensuring that all people have the
same opportunities for employment and professional development, regardless of gender,
race, religion, sexual orientation, or other personal characteristics. It is the responsibility
of companies and society in general to work together to ensure that these rights are
respected and always fulfilled.
Featured articles:
Supreme Decree No. 010-2003-TR, Article 3: Establishes that the parties involved in
collective bargaining must act in good faith and reach mutually satisfactory agreements.
Supreme Decree No. 010-2003-TR, Article 11: Establishes that union organizations have
the right to present lists of claims and participate in collective bargaining.
The Role of Unions in Collective Bargaining
Unions are key actors in the collective bargaining process in Peru. They represent the
interests of workers and act as intermediaries between workers and employers. Unions
are legal organizations that are formed for the purpose of promoting and protecting labor
rights and improving the working conditions of their members.
Union Formation:
Workers in Peru have the right to form and join unions without fear of retaliation from
employers. This right is supported by the Political Constitution of Peru.
Featured articles:
Political Constitution of Peru, Article 28: Recognizes the right of workers to freedom of
association and the formation of unions.
Supreme Decree No. 010-2003-TR, Article 14: Establishes that unions must register their
statutes with the administrative labor authority.
Featured articles:
Supreme Decree No. 010-2003-TR, Article 12: Establishes that the parties to collective
bargaining must present their statements of claims within thirty days prior to the
expiration of the term of the current collective agreement.
Conflicts of Interest:
In some cases, employers may resist collective bargaining efforts, which can lead to
protracted labor disputes.
SAFETY AT WORK
Safety in the workplace is of paramount importance to ensure the well-being of employees
and prevent accidents and injuries. Employers have a responsibility to create a safe and
healthy work environment for their workers. This not only protects the employees but
also contributes to the overall productivity and success of the organization.
Safety regulations and standards are in place to guide employers in maintaining a safe
workplace. These regulations cover various aspects of safety, including fire safety,
electrical safety, chemical safety, and more. Employers must comply with these standards
and take appropriate measures to address potential hazards.
One fundamental aspect of workplace safety is the use of personal protective equipment
(PPE). PPE includes items like helmets, gloves, safety goggles, and masks. Depending
on the nature of the job, employees may be required to wear specific PPE to reduce the
risk of injury.
Regular safety training and education are essential components of maintaining a safe
work environment. Employees should be informed about potential hazards, emergency
procedures, and how to use safety equipment correctly. Employers should also conduct
safety drills to ensure that everyone knows how to respond in case of an emergency.
Workplace safety is not just about physical hazards but also includes psychological well-
being. Measures should be in place to address issues such as workplace stress,
harassment, and discrimination. Employees should feel safe and comfortable in their
work environment, both physically and emotionally.
RIGHTS IN DISMISSAL
Workers have certain rights when it comes to employment termination, particularly in
cases of unjustified dismissal. These rights are in place to safeguard employees and
provide them with legal recourse in case they are unfairly let go from their jobs.
One fundamental right is the right to fair treatment. Employers cannot dismiss employees
without just cause, and they must follow a proper process. Unjustified dismissal, also
known as wrongful termination, occurs when an employee is fired without a valid reason
or without proper notice, depending on the local labor laws.
Workers also have the right to severance pay or compensation if they are terminated
without valid cause. This financial assistance helps employees transition to new
employment and cope with the sudden loss of income.
Additionally, employees are entitled to receive their final paycheck, including any unpaid
wages, unused vacation days, or bonuses, in accordance with the labor laws and
employment contract terms.
Labor protection measures exist to ensure that workers are treated fairly during the
termination process. These measures may include the right to appeal the dismissal,
mediation or arbitration services, and the possibility of reinstatement if it is determined
that the dismissal was unjust.
It's crucial for employees to be aware of their rights in case of unjustified dismissal. They
should consult labor laws, employment contracts, or legal professionals to understand
their entitlements and the proper procedures for addressing wrongful termination.
Employers must adhere to labor laws and follow due process when terminating
employees. Failure to do so can lead to legal consequences, such as paying compensation
to the dismissed worker.
In summary, workers have rights in cases of unjustified dismissal, which include the right
to fair treatment, severance pay, and receiving their final paycheck. Labor protection
measures are in place to ensure these rights are upheld, and employees should be informed
and prepared to assert their rights if necessary.
Already in the 19th century, it was recognized that working too many hours represented
a danger to the health of workers and their families. Limiting working hours and the right
to rest are not explicitly mentioned in any of the fundamental human rights conventions
but were already enshrined in the first treaty adopted by the International Labor
Organization (ILO) in 1919, which determined 8-hour days. hours and 48-hour weeks in
the industry.
Article 23 owes much to the contributions of Latin American countries during the drafting
process that took place between 1946 and 1948. By the mid-1940s, almost all countries
in this region had democratic governments and their constitutions had social rights. and
economic, including provisions for annual leave and other forms of paid leave.
These Constitutions served as inspiration for the Universal Declaration of Human Rights
(UDHR), and its provisions had the approval of the communist bloc. As Yugoslavian
editor Vladislav Ribnikar said, "the right to rest without pay means nothing." Regarding
Labor Law, in the Peruvian reality, there have been, and various problems continue to
arise regarding the application of standards, since they are not consolidated, that is, they
are not included in a Code, or in a General Labor Law, which makes difficult to apply.
Being that, another big problem is the omissions that appear in some topics on important
aspects, such as the right to rest annual vacation in the part-time employment contract,
type of contract that is used more frequently every day by employers, considered by some
as an employment contract that curtails labor rights to the worker, that is, it grants him
fewer rights, which is why various authors They maintain that part-time workers do not
have the right to rest annual vacation, in this regard Jorge CASTILLO GuZMÁN, Jaime
ABAL ABARCA Y Susana SÁNCHEZ EDWARDS, point out: «therefore part-time
workers do not They will have the right to the CTS, protection against arbitrary dismissal
and other benefits for which they require working at least four hours a day, In this regard,
there is also what is indicated in the summary of labor legislation,
The right to annual paid vacation time is recognized in international standards on Human
Rights, in our Constitution and in the Law. And in certain aspects it is usually a topic of
controversy in the Peruvian doctrine and jurisprudence. Regarding the regulation of
vacations, Jorge TOYAMA MIYAGUZUKU2 refers: "they are one of the universal labor
benefits, but their treatment presents a series of variants in positive systems, both due to
their source of regulation as its content", which denotes that in each country, it has a
regulation own its granting.
The CTS is granted to all workers who work at least 4 hours a day or 24 hours a week (20
hours a week if they work less than 5 days a week) if they have completed at least one
month of work.
Depending on when the contract ends, the CTS is paid in the first 15 days of the month
of May or November and the calculation is made on the regular basic remuneration
received in April or October if it is freely available to the worker.
All workers in the private sector have the right to receive their bonuses, except for service
providers or young people in training under an agreement. In the event of terminating the
employment contract, as long as one month of work has been completed, the employer
must pay the outstanding bonuses.
The worker can divide his vacation into two parts, one of which can be divided into 7 and
8 days, while the second can be divided up to a minimum of one day. Up to two vacation
periods can also be accumulated, after which a rest of at least 7 calendar days is
mandatory. Finally, the vacation break can be reduced to a minimum of 15 days, in
exchange for exchanging the days of rest for days of remuneration. All these changes
must be recorded in writing between the worker and the employer.
Profit sharing
Profit sharing is a right of workers recognized in the Political Constitution of Peru and
consists of workers being able to access the net profits of the company managed by the
employer. Companies that must grant their workers participation in profits are those that
generate third-category income and have an average of more than 20 workers per month.
Cooperatives, self-managed companies, civil societies, service providers, and others
subject to special regimes, such as civil construction, micro-businesses, or domestic
workers, are not included.
Once the company meets the requirements, it must distribute a certain percentage of its
profits among its workers. The percentage varies between 5% (companies with different
activities), 8% (mining companies, restaurants, or shops) and 10% (fishing,
telecommunications and industrial). A worker may receive, for profits, a maximum of 18
monthly payments.
We also have maternity or paternity leave, which consists of days of paid rest given to the
father or mother, both before and after childbirth, varying the amount in one case or
another. Finally, we have training, which is paid for by the employer and received by the
worker to improve their job performance. The law has made training on Health and Safety
matters mandatory, as well as on issues of discrimination or harassment, regardless of
other typical aspects of the profession. In addition, there are other benefits that are not
regulated by law, but rather obtained through collective negotiations, such as payments
for schooling, mobility, lunch, etc.
Labor mediation in Peru is mainly carried out through institutions such as the Ministry of
Labor and Employment Promotion (MTPE) and the Labor Authority (SUNAFIL). These
entities have trained mediators who work with the parties involved to find solutions that
benefit both parties.
One of the main benefits of mediation is that it is usually faster and cheaper than court
proceedings. In addition, it encourages communication and collaboration between
employers and employees, which can strengthen long-term working relationships.
However, mediation is a voluntary process, which means that both parties must be willing
to participate. In cases of disagreement, the conflict can escalate into legal proceedings.
In addition, workers have the right to go to the judiciary to file labor lawsuits.
Employment courts are designed to resolve disputes related to wrongful termination,
workplace harassment, discrimination and other employment issues. These legal
processes allow parties to present evidence and arguments to support their claims.
The Labor Procedure Law in Peru establishes the procedures for labor cases and
guarantees a fair and transparent process. Employers also have the right to present
defenses and evidence on your behalf. Ultimately, the judge issues a judgment based on
the evidence and applicable law.
For employees, successful resolution of a dispute can mean the recovery of unpaid wages,
reinstatement after wrongful termination, or the elimination of unfair labor practices. It
can also improve your quality of life and overall well-being.
In addition, an effective labor dispute resolution process can help strengthen the labor
system in Peru. By enforcing labor laws and ensuring that conflicting parties are treated
fairly, a more equitable work environment is promoted and companies are incentivized to
comply with labor regulations.
Furthermore, the adaptation of labor legislation to new labor realities is also an important
challenge. For example, in many countries, labor laws have not been updated to address
issues such as remote work or the gig economy. This can lead to a lack of protection for
workers in these situations.
CASE STUDIES
Case Study 1: Farmworkers in the Ica Region
In the region of Ica, in southern Peru, there is many companies dedicated to the production
of fruits and vegetables. Farmworkers in this area have historically faced precarious
working conditions, with low wages, lack of social security, and lack of protection from
pesticides and other chemicals used in production.
After a series of negotiations and peaceful protests, the Ministry of Labor finally
established a minimum wage for agricultural workers in Ica, which included a significant
increase compared to previous wages. In addition, measures were put in place to improve
working conditions, including the provision of personal protective equipment and training
on the safe use of pesticides.
This case illustrates how workers can organize and fight for their labour rights, and how
authorities can respond to these demands to improve working conditions in precarious
sectors.
Case Study 2: Textile workers in Lima
In the textile sector in Lima, workers have historically faced low wages, long working
hours and lack of social protection. In 2018, a group of garment workers organized to
demand better working conditions and fairer wages.
With the support of a local union and human rights organizations, the workers filed a
petition with the Ministry of Labour and Employment Promotion for a minimum wage
for garment workers in Lima.
After a series of negotiations and peaceful protests, the Ministry of Labor finally
established a minimum wage for garment workers in Lima, which included a significant
increase compared to previous wages. In addition, measures were put in place to improve
working conditions, including the reduction of working hours and the provision of
personal protective equipment.
This case illustrates how workers can organize and fight for their labour rights, and how
the authorities can respond to these demands to improve working conditions in precarious
sectors such as textiles.
CONCLUSION
In conclusion, by offering a detailed overview of labor rights, labor legislation, and the
promotion of equality in the workplace within the Peruvian context, the importance of
protecting workers' rights and fostering equitable labor relations is underscored.
In Peru, labor legislation plays a crucial role in safeguarding workers' rights. Supreme
decrees and other legal provisions regulate aspects such as the maximum duration of
regular working hours, overtime pay, and workplace safety conditions. These regulations
demonstrate the Peruvian government's commitment to protecting workers' rights and
promoting a safe and healthy work environment.
Furthermore, unions and collective bargaining play a pivotal role in advocating for
workers' rights. Workers' ability to organize and negotiate with employers enhances their
working conditions, salaries, and benefits. This balances labor relations and ensures that
workers have a voice in decisions affecting their well-being.
Promoting equality in the workplace is also a significant aspect in the Peruvian context.
Vulnerable sectors like the textile industry face significant challenges in terms of low
wages, long working hours, and lack of social protection. However, workers' capacity to
organize and demand better working conditions demonstrates that promoting equality in
the workplace is crucial to ensuring that all workers have the opportunity to access fair
and safe working conditions.
Education and awareness about labor rights are fundamental for both workers and
employers. Knowledge of labor laws and workers' rights ensures their enforcement and
promotes a fair and equitable work environment. Promoting equality in the workplace
through eliminating discrimination and ensuring equal opportunities for all workers is a
fundamental goal that requires the commitment of both businesses and society as a whole.
RECOMMENDATIONS
In the realm of labor rights, fostering a work environment that upholds the dignity and
well-being of employees is paramount. The following recommendations are crucial for
promoting and safeguarding the rights of workers:
2. Accessible Legal Resources: Ensure that legal resources outlining labor rights
and regulations are readily available to all workers. This may involve creating
accessible online platforms, distributing pamphlets in multiple languages, and
establishing legal assistance hotlines. Accessibility to information is key in
empowering workers to navigate their rights effectively.
7. Worker Health and Safety: Prioritize the health and safety of workers by
enforcing stringent safety standards. Regular workplace safety training, provision
of protective equipment, and adherence to occupational health guidelines are
crucial elements. Safe working conditions are fundamental to the overall well-
being of employees.
https://youtu.be/gYZgOlbEkG8?si=AC-BDFls0SJdnwUu