Executive already coordinates draft bill that eliminates CAS

The Executive presented to the different union organizations the preliminary draft of the law that will eliminate the Administrative Contracting of Services (CAS) regime, a week after the Constitutional Court declared invalid, by majority, Law 31131 – Law that establishes provisions to eradicate discrimination in labor regimes.

According to National Coordinator CAS Workers, said proposal has been prepared under the support of President Pedro Castillo, who in fulfillment of his campaign commitment promotes a legislative initiative “in favor of the hundreds of thousands of CAS workers, without distinction.” The documentation was presented by the Minister of Health, Hernando Cevallos.

“In a meeting with the Minister of Health, doctor Hernando Flores Cevallos, we were informed and delivered the draft Executive Law, for the elimination of the disastrous CAS regime, “said the organization.

The preliminary draft of the “Law that incorporates the servers under the special regime of Administrative Contracting of Services to the labor regimes of the public sector” seeks to incorporate these workers, hired under Legislative Decree 1057, to the labor regime of Legislative Decree 728, Law productivity and labor competitiveness.

“We reiterate our gratitude and deep respect to the one who initiated and allowed us to advance enormously on this path of vicissitudes, our great friend Hernando Cevallos Flores, the best wishes for success in his management and recognition of his work in favor of social justice and good common ”, greeted the coordinator.

It should be noted that the constitutional Court It has not yet published the resolution detailing its observations on the now unconstitutional Law 31131 – Law that establishes provisions to eradicate discrimination in labor regimes. Therefore, and until it is known in its entirety, any advance of the Executive for a counterpart will be incomplete.

Executive: draft that eliminates the CAS

To be subject to the incorporation referred to in the draft law that eliminates the CAS regime, presented by the Executive, workers must carry out permanent work as of March 10, 2021, and have an administrative service contract for two years on a continuous basis. or three discontinuous until that date. For the computation of these periods, the time that the worker would have been hired under the form of a non-personal service contract is included.

They must also have entered the state entity under public tender or, failing that, have had the condition of non-personal services and subsequent CAS contract. In case the worker has renounced his CAS to assume a different contract in the interim of the validity of this rule, the rights conferred by this rule are recognized.

The incorporation of these workers into the regimes of Legislative Decree 728, Law on productivity and labor competitiveness, and Legislative Decree 276, Law on the basis of the administrative career and remuneration of the public sector, will be carried out progressively and according to budget availability. of state entities.

“For the incorporation of CAS workers, the occupational group and level are taken into account in accordance with Legislative Decree 276, as well as the functional job classification of Law 28175, Framework Law of Public Employment, as appropriate to the ordinary labor regime of the public entity , according to the work carried out. This process takes place in a period of no more than five years.”, Confirms the preliminary draft of the Executive.

The control of compliance with this rule will continue to be the responsibility of the National Superintendency of Labor Inspection (Sunafil).