He Regional Government of Cusco has presented a PL that seeks to modify the new porter worker law (no. 31644), which was promulgated last year, so that the people who carry out this work are considered independent, since the recent provisions of the law, which forces them to be on the payroll and have a single employer, are affecting their income, as they maintain.
Bill 5863 proposes the modification of 3 articles of the current norm. First, that in art. 4 on the employment relationship specifies that they are independent workers, subject to the fourth category tax regime; meanwhile, in art. 5, that the rest period is not 5 days before starting a new work day, only one mandatory weekly is specified.
On the other hand, in art. 10 on social security and pension regime, carriers may voluntarily join the pension system, as well as the Social Health Insurance (EsSalud) and the Comprehensive Health System (SIS).
“The new porter worker law, which came into effect, was supposed to improve working and social conditions (…); however, it becomes an impact and a setback, since it does not adapt to the principle of the primacy of reality , on the contrary, “reduces job opportunities, inviting informality and genuine discomfort from the imposition of disproportionate criteria and lack of reasonableness.”is maintained in its explanatory statement.
The obligation to rest for five days generates a cost for the porters who must spend on transportation back to their homes that are in remote areas or, if they choose to stay in the area, this is also assumed by them, which reduces their Profits.
Likewise, the law that arises from the initiatives of congressmen Ruth Luque (CD-JPP), Katy Ugarte (BMCN) and Luis Aragón (AP) requires them to have only one employer when tour operators are not going through their best moment and They do not necessarily have a high frequency of departures to the Inca Trails.
The initiative must go through the evaluation of the commissions of the Congress to be debated and voted on in plenary.
Source: Larepublica
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