TC: phasing out of CAS is unconstitutional

To the discouragement of 356,817 state workers of the CAS regime, the Constitutional Court declared law 31131 partially unconstitutional, which establishes measures to eradicate discrimination in labor regimes, after considering that the incorporation of these servants into legislative decrees 276 and 728 violates the provisions of the Constitution referring to the prohibition of congressmen to create public expenditures, the principle of budget balance and the competence of the Executive Power to “administer public finances.”

Of the five articles observed, only the fourth, referring to the elimination of temporary employment without cause and prohibition of hiring under the CAS regime, did not reach the votes to be terminated. Magistrate Blume voted to declare the lawsuit unfounded on everything.

For the former Deputy Minister of Labor Fernando Cuadros Luque, as the ruling does not have retroactive effect, the provision that the CAS have a contract established for a certain time would remain in force, and for which they can only be dismissed for just cause linked to their conduct.

“What is already set aside is the passage of CAS workers to labor regimes 728 and 276, because it is something that has not been applied yet,” he endorsed.

This is the third time that the TC has reviewed the CAS regime in the face of unconstitutionality claims.

CAS never again

From the National Coordinator of CAS Workers, Juan Pacherres said that the organization’s national delegates were prepared for “all kinds of scenarios,” and one was this. At the moment, they hold meetings with the Parliament’s Labor Commission to evaluate the sentence and see how much it affects the law or their rights, and if it is retroactive.

“We are going to demand that President Castillo, according to the minutes that he has signed with us since last year, comply with eliminating the CAS. On the part of the Legislature, we are going to encourage proposals for the elimination of this regime, because we are not going to give up and we will also see international instances, “said the leader.

This after the president said, in September, that the elimination of this regime would be part of the labor reform that, finally, broke fires with the reinstatement of the National Labor Council (CNT).

“The CAS problem is a fight that we have to work on. We cannot allow those aggressive laws, like the CAS, to be calling for their elimination all the time. We are going to buy that lawsuit, comrades, “he said.

For this purpose, the former Minister of Labor Iber Maraví announced that, if the norm was declared unconstitutional, his office would work on a law with the same objective, but taking into account the observations of the Constitutional Court. The responsibility now rests with his successor, Betssy Chávez.❖

Collective bargaining law is applicable

The Constitutional Court declared unfounded the lawsuit against Law 31188, referring to collective bargaining in the public sector, after not reaching the required five conforming votes.

Last June the Government of Francisco Sagasti filed the lawsuit promulgated by insistence by Congress.

With the arrival of Pedro Castillo in command, the Executive expressed the intention to desist from this demand. And in the 2022 public budget law, article 6 that prohibited collective bargaining was eliminated. Thus, state workers will be able to negotiate wage increases and other labor benefits.

Data

Insistence. Law 31131 was approved by the previous Congress. Sagasti filed the claim of unconstitutionality.

Budget. Fiscal project of 2022 allowed to extend CAS contracts during 2022.