Ministry of Labor: the pending agenda of a sector that does not achieve consensus

The last Sunday, Fernando Antonio Varela Bohorquez assumed command of Ministry of Labor and Employment Promotion (MTPE). The new minister swore by “social dialogue as a north and labor formality as a result”.

It is precisely in these axes where its greatest challenges lie. Currently, the main actors that make up the portfolio, employees and employers, have broken off the dialogue in the National Council for Labor and Employment Promotion (CNTPE), and, on the other side, labor informality exceeds 70% nationwide. .

defense or substitution

The labor lawyer Ricardo Herrera mentions that the new minister’s address refers to the resumption of CNTPE meetings with both employers and workers. Achieving this objective will mean a “great political achievement”, says the specialist.

However, the task is not easy. In July of last year, the business sector announced the suspension of its participation in this space. This as a consequence of the promulgation of Supreme Decrees No. 001-2022-TR and No. 014-2022-TR. They demand its repeal.

The first norm limits labor outsourcing in the main areas of companies and the second modifies the Regulation of the Collective Labor Relations Law, highlights Gustavo MinayaDeputy General Secretary of the General Confederation of Workers of Peru (CGTP).

The union representative assures that these legal devices restore in a certain way some rights that were withdrawn from workers in the 90s. Therefore, sHe stresses that Varela’s management should focus on his defense before the Judiciary. “Businessmen have filed more than 300 lawsuits against DS001 and DS014. It is the MTPE who is responsible for exercising direct defense “, he comments.

However, the new head of the MTPE, months ago, had spoken out against the rule on labor outsourcing, arguing that it was an illegal measure and that its application would lead to a wave of layoffs. In this regard, Minaya maintains that under this “pro-business criterion there is a risk that the rights of workers may be ignored, under the scheme of not harming private investment.”

“This new minister, who has a much more ultra position in favor of businessmen, we believe that he will be able to do very little,” he says.

Meanwhile, Ricardo Herrera emphasizes that the discussion of these measures will imply “a political bargain” to achieve agreed standards. “If the minister proposes a substitute supreme decree that includes the concerns of workers and employers, I think it could be a good way to resume meetings at CNTPE,” he points out.

The agenda to reduce informality

The reduction of informality is a fight that has not had results in recent years. However, to mitigate its progress, the MTPE should continue promoting current and new state employment generation programs at the national, regional and municipal levels, suggests Ricardo Herrera.

“In terms of employment promotion, the minister should promote these initiatives and articulate the different sectors to be a kind of general coordinator of all these programs,” he recommends.

While, in the legal aspect, it indicates that the portfolio should promote a new regulation of the SME Law to encourage the formality of these business units.

Towards the increase of the RMV

Last year, the Government increased the minimum vital wage (RMV) to S/1,025 after having remained at S/930 per month for almost 3 years.

The assistant secretary of the CGTP mentions that another of the priorities of the new minister should be to start with the gradual increase in the RMV until reaching the value of the basic family basket, which is currently S/1,450. “That amount can be reached in a sustained manner. A next increase should not drop below at least S / 150 to be able to reach the stretch with which we are already in deficit in the coming years,” he concludes.