Around 20 workers of the gas transport company of Peru (TGP) were dismissed arbitrarily in December 2023 under the figure of “trusted retirement”, which is allowed by Legislative Decree No. 728 for key positions. The funny thing is that 14 of them were affiliated with the union formed on November 2 of that same year.
It has elapsed more than a year and so far, only 2 workers have been replaced in their positions thanks to a precautionary measure filed before the Judicial Branch. In the case of the remaining eight employees, they did not have the same destination, although they had been working for up to 15 years in the company.
According to this media Vladimir Salljuana, general secretary of the Unitary Gas Transporter Union of Peru (SutratgP)this union organization was legally constituted before the Ministry of Labor on December 18, 2023. However, ten days later, the company dismissed 14 members of the union and another 6 other workers.
“They all indicate that they fire us because we do not fit within the company’s culture towards the future. The funny thing is that, when sending us the notarial letter, they do not tell us about it or the projection of the company. They put us that we are trusted personnel, but we did not know and we learned the day they fire us. ”Sallehuana said.
For his part, Christian Sánchez, lawyer of the Sutratgp, argued that the workers were irregularly classified as ‘trust’ with the purpose of preventing the first union of TGP. Similarly, he showed that five employees were dismissed during their holiday periods, a right that is guaranteed by Peruvian labor regulations.
And it is that the company did not comply with the provisions of Supreme Decree 001-96-TR, which requires informing employees regarding their contractual situation. However, none of the dismissed workers received a notification.
TGP: workers fight for their replacement
Given the violation of their labor rights, the SUTRATGP workers took their case before the National Superintendence of Labor Supervision (Sunafil) making the inspection entity impose a fine of S/190.148.25 to TGP Ayacucho to obstruct inspections and in the case of Cusco, it was sanctioned with S/27,089 before the refusal of the company to provide information required.
In addition, there were 10 demands for replacement for zero dismissal, but only two of them proceeded successfully. The other 8 continue to demand that their right to unionization be respected and allow them to resume their work.
“We ask that we return to our tasks and allow the union to work. Before reaching this scenario, we evaluate it a lot because we knew that the company did not like it. But, we must remember that the right to unionization is protected by the Constitution and in the Law of Collective Labor Relations. We will not let ourselves be overwhelmed by a company that must respect the rights of workers,” said salah.
Unionization in Peru
- According to the study “The unionization in the formal private sector of Peru 2020-2024” prepared by the Ministry of Labor, only 5% of private sector workers are affiliated with a union.
- In sectors such as agriculture, the unionization rate falls to 1% even though it uses more than 200,000 people.
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Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
