TC declares unconstitutional law that progressively eliminates CAS

The Constitutional Court declared unconstitutional, by majority, the Law 31131 – Law that establishes provisions to eradicate discrimination in labor regimes, which provided for the incorporation of workers with Administrative Services Contract (CAS) to labor regimes 276 and 728.

Until this information was known, a total of 356,817 state workers who are under the Administrative Contracting of Services (CAS) regime expected the TC to declare the legal progressive elimination of said regime.

It is the third time that the court has reviewed the CAS regime, created in June 2008, in the face of lawsuits from unconstitutionality. At the first opportunity, in 2010, it determined that this is a temporary labor system different from those regulated by legislative decrees 728 and 279.

In 2013, the constitutional magistrates again issued a ruling on the CAS regime against Law 29849, which established the progressive elimination of this system of labor contracts in the State.

In this last sentence, the TC confirmed that the CAS is a temporary regime that would be phased out from that year on. He emphasized that the underfunding of a labor system is not enough to allege its unconstitutionality.

In addition, it recognized that workers hired under the CAS regime would be progressively transferred to other labor systems, progressively, and that it was up to Congress to regulate the duration of the adaptation process and establish the necessary provisions.

The administration of President Francisco Sagasti filed a lawsuit of unconstitutionality against Law 31131 alleging lack of cooperation between Congress and the Executive for its debate and promulgation and lack of budget. The new Government of Pedro Castillo withdrew, but, admitted for processing, the TC has the obligation to pronounce itself.

CAS: regulation was to be ready before Christmas

The congresswoman Isabel cortez reported this week that the regulations of Law No. 31131, which establishes provisions to eradicate discrimination in labor regimes, will be ready for publication before December 25 of this year.

Through a letter, the legislator of Together for Peru specified that the draft regulation will be drawn up in accordance with the representative organizations of the workers, after which it will be sent by the National Civil Service Authority (Servir) to the Presidency of the Council. of Ministers (PCM).