Professor Emeritus at the Universidad Nacional Mayor de San Marcos in Peru examines how workers no longer enjoy the benefits that gave them the law, be only "machines" in the service of business. Towards
the end of the eighties, the Peruvian workers enjoyed a set of social rights that allowed them a standard of living to rise, despite the ravages of inflation for that five astronomical.
The rights march had started with the eight-hour day, ripped the oligarchic government of José Pardo, in January 1919 with a historic strike. Since then, the painful and constant action of the workers, answered by employers and governments with a systematic persecution, imprisonment, torture and, in many cases, the deaths of union members, was leaving as a new social balance . With the government
General Juan Velasco Alvarado, the table of labor rights, individual, collective and social security, expanded considerably, which increased workers' purchasing power and pushed the growth of domestic production.
The counter of entrepreneurs started with the government of Morales Bermudez from August 1975 but was stopped with the 1979 Constitution.
resumed in 1990 with the election program of the candidate for President of the Republic Mario Vargas Llosa, which plainly intended to eliminate the majority of social rights, and submit the labor force market rules, applying the guidelines of the IMF and World Bank. Trying to defend themselves, the workers voted in the second round by the rival candidate, Alberto Fujimori, who, thanks to them, won. But Fujimori did not keep his word and, instead, accepted the support of employers, who had backed the Nobel Prize now, and its neoliberal agenda and versatile. The left rule and social rights began to fall between August 1990 and December 1991 with almost unanimous consent of the parliamentary groups. That period is the Legislative Decree 728 which reorders the rules relating to employment contracts for employers.
But as anti-labor campaign was not as fast that employers demanded, Fujimori, driven by them and with the active participation of the military leadership ventured to give the coup of April 1992. Then, employers and their nominees and the control of the state workers took them the rest of their most important social rights. Job security declined, freedom of association, the right to collective bargaining by industry, the eight-hour day and forty-eight weeks, and overtime payment, the equity in the company, the powers of employer to extend the hours of work, commute to work, get the rest on Sunday, and sanctions were extended, was generalized hire workers with the "services" and outsourcing, etc. etc. .. Economically shirk this all workers part of their purchasing power and transferred to its business and profits. Dictatorships are implanted for that.
After Fujimori's flight to Japan in November 2000, the two governments were reported following the leaders of the trade unions 'social partnership' as a procedure for recovering the lost social rights. Naively hopeful, union leaders were to sit at the table of the National Council of Labour. None wanted to hear the voice of common sense that employers would shout never consent to lose there, they had been imposed during the Fujimori government. Six years later, those private conversations out a draft Labour Act with lively applause from Labour ministers and officials. All of them said proudly that he had been adopted by consensus 85% of the articles.
Only in the Working Committee of Congress, the happy project could be known by those who had not participated in its drafting. The union leaders had agreed on by consensus by almost all the norms laid down by the government and parliament of Fujimori.
Project
resistance came from a group of leaders union and some lawyers engaged in defending workers. Part of this campaign were my observations point to the articles of the Draft harmful to workers, in a study of forty pages that could not be refuted.
was so aberrant recognition of anti-labor legislation of the decade of Fujimori containing the project that many congressmen refused to process it and got stuck between the Working Committee and the House of Congress since 2007. However, the danger was not averted.
In August this year, the new Chairman of the Working Committee said it would approve the draft Labour Law and ordered his aides File rescued. The union leaders expressed their approval at a meeting held in the auditorium José Pardo y Aliaga, 22 October, before a boisterous group of workers who expect to be replaced in state agencies and were unaware that they had gathered. Again, some corporate lawyers invited the Congress Working Committee and avoided the presence of union leaders and labor lawyers disagree with the Project.
While ignoring the meaning of a general law, any person may notice that this project approved by Congress, back labor rights to workers caught its provisions will take about twenty to thirty years. It is also clear that the restoration of those rights should have started long ago with the change in law that removes them.
The President of the Congress Working Committee member, it seems, the Nationalist Party. Is this the position of this party, other than their proposal for the 2011 elections, released a few days, or such representative acting on their own moved from the shadows for a group?
Article published in the newspaper La Primera, Saturday, October 30, 2010
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