ESCUELA PROFESIONAL DE

DERECHO

LABOUR LAW
COLLECTIVE II
 SESSION 04
THE PERUVIAN TRADE UNION
REGIME
 Labor union
 It is the workers' association established to unite
intimately in order to defend their labor rights and the
conquest of new ones.

 It is based, then, on the workers before common

needs of the exploited class.
 The union is the most legitimate expression of the
organized working class, which thanks to its unity,
organization and perseverance in the struggle, has
obtained rights that otherwise would not have been
possible.

 For this reason, the Unions are ardently fought by

the exploiters and anti-democratic governments,
having had the need to intensify the extreme
struggles with strikes and general stoppages, so that
they can be recognized as minimal conquests.
POLITICAL CONSTITUTION
 The Union can also be defined as the continuous
and permanent organization created by workers to
protect themselves in their Work, improving its
conditions through collective agreements endorsed
by the Administrative Authorities of the Ministry of
Labor.
 In this situation it will be more feasible to achieve
improvement in working and living conditions; Also
serving so that the workers express their points of
view on problems that concern the entire community.
It is convenient to remember that in our country, the
Unions are guaranteed by the Political Constitution
of the state, which, in its article 27, states:

"The state recognizes the freedom to associate and

the freedom to contract. The conditions of its
exercise are governed by law. "
 And for the 62nd article that
literally says:
 "Everyone has the right to
assemble peacefully and without
arms, without compromising
public order. The law will regulate
the exercise of the right of
assembly."
 DEFINITION OF TRADE
UNIONS
 For the purposes of this law, a union is understood to
be any group of workers who carry out the same
profession and work or similar or related
professionals and workers, exclusively constituted
for the study, development and common interests.
Union objetives:

 The objectives are the achievements that unions

seek to achieve, to respond to the needs of those
who are part of it.
 The objectives make it very clear what are the
purposes for which the union organization was
created.
 Although each union organization can have very
varied objectives, there are five of them that always
give every union reason to exist.

 These objectives guide all actions of trade union

organizations in their struggle to dignify the living
conditions of workers.
FIVE GOALS ARE:

 1. A fair wage = Un salario justo.

 The unions seek that those who work have an

adequate and decent salary, which allows them to
cover their needs and those of their families in food,
health, housing, education, clothing and recreation.
 2. Better work conditions. = Mejores
condiciones de trabajo.

 Working conditions are an indispensable complement

to salary. Workers have the right not to be affected
physically or mentally by the conditions in which they
work.
 All unions should seek to ensure that affiliated
persons enjoy working conditions that do not affect
their health and dignity.
 For example, unions fight for fair and adequate
working hours for the type of work that is carried out,
for breaks and appropriate vacations, for protection
tools when the tasks that people carry out require it.
 In a clothing factory, the union also fights for
adequate and comfortable seats, for fresh air, for
good lighting, for clean sanitary services, in good
condition and in sufficient quantity, for drinking water,
in short, for all the conditions that make worthy
workers.
 3. Stable employment for everyone. =
Empleo estable para toda persona

 It is not enough to have a job, it is important that

employment is stable, regulated by laws that protect
against unfair dismissal, mainly when the worker has
given the best of their years and all their experience
for the development of their company and their
country.
 Women have traditionally suffered from many
problems with employment.

 On the one hand, it costs them more to get it and, on

the other hand, they are generally assigned the
lowest paid positions or are paid less than men for
performing the same tasks.
 4. Improvement of social and economic
demands. = Mejoramiento de las
reivindicaciones sociales y económicas

 In order to protect and guarantee the improvement of

the labor sectors, it is necessary to create laws and
fight for their compliance.
 For this reason, trade unionism constantly seeks that
states enact laws and decrees that guarantee the
continuity of their conquests and the social and
economic improvement of working people.

 For laws to be respected and enforced, it is
necessary for all working people to be united and
organized

 REVIEW
 5. The permanent democratization of
society. = La permanente democratización de
la sociedad

 Respect for human rights is one of the most

important struggles that workers can carry out from
their union organizations.
 The recognition of the rights of free association, of
thought and expression implies fighting for the
democratization of their countries.

 It is also important that unions participate in the

political life of nations, to monitor and supervise that
governments are fair in their economic and social
policies.
 It is important that
workers participate
and exercise control
over those decisions
that affect them
directly or indirectly,
both at the level of
society and the State,
as well as within their
own organizations.
 Fighting for better working conditions vs. Abuse of authority.

La luchar por mejores condiciones de trabajo vs El abuso de autoridad.

 THE PRINCIPLES OF
TRADE UNIONISM
 The principles are the fundamental rules that guide
the behavior of organizations.
 If they are broken or not met, the organization loses
its identity and weakens; Then, it is increasingly
difficult for him to achieve his goals.
 In this way, it loses credibility with the workers and
with society. There are at least 9 fundamental
principles that every union and union-list must
respect. We can state them in the following way:
 The unión
(sindicato) must be:

 Free.
 Independent.
 Democratic.
 Participatory.
 Unitary.
 Responsable.
 Realistic.
 Solidary
FREE DETERMINATION BY
CLASS
 Unions can be of employers, workers or people who
independently exercise a profession or trade.
 The unions of workers can be of employees, of
workers or mixed. (DD.SS. 3/5/1961, Art. 5, of
12/21/1962 and 1/15/1963). The government of the
armed forces revolution tends to give the generic
name of workers to workers and employees.
 Age

 The only limit for joining a union is given by law.

Since a minor enters work, they have rights to
defend, which is a good reason to unionize.
 Sex for job.

 In workplaces where men and

women work, the union integrates
with male and female affiliates and
seeks to open the way for
leadership positions held by
women.

 This is very important, because, at

the same time that old bourgeois
prejudices are broken, there are
colleagues who make possible the
equal economic and political rights
of men and women.
 Race equality at work.

 Blacks, whites, mestizos,

niseis, tusangs, Indians fit in
the union, because they
have equal rights to defend
at work.
 Religion = Religión

 All religions, including the

lack of it, fit into a union, such
as atheists, Catholics,
Protestants, Mohammedans,
since none of the beliefs or
religions is a matter of union
discussion.
 OPERATION OF A TRADE
UNION

 Made up of a mass of
affiliates, capable of forming
agencies and giving them
executive power, direction
and administration to fulfill
statutory purposes and
assume decision-making
responsibility.
 IMPORTANCE OF
THE UNION
 The union fact is a spontaneous phenomenon that
derives from the natural tendency of aggregation of
the individuals conditioned to the same socio-
economic.

 The union holds the importance of being one of the

subjects of labor law.
 The Labor doctrine currently highlights that taken the
labor law as a whole, the same subjects are
exhausted in the worker and the employer
individually considered, but also include professional
organizations

 La doctrina Laboral destaca en la actualidad que

tomado el derecho del trabajo en su conjunto, los
mismos sujetos del mismo se agotan en el
trabajador y el empleador individualmente
considerados, sino que también incluyen a las
organizaciones profesionales
 PERUVIAN TRADE UNION
LEGISLATION
 The Peruvian State guarantees employers and workers the right to
freely associate in unions, without prior authorization, with a view to
their economic, social and cultural improvement, as well as for the
defense of their common interests.
(R.L. No. 13281, approving International Agreement No. 87 and D.S.
of 3/5/1961, Art. 1º).

 El Estado peruano garantiza a empleadores y trabajadores el

derecho de asociarse libremente en sindicatos, sin autorización
previa, con vista a su mejoramiento económico, social y cultural, así
como para la defensa de sus intereses comunes.
(R.L. Nº 13281,aprobatoria del Convenio Internacional Nº 87 y D.S. de
3/5/1961, Art. 1º).
 EN PERU
 The Peruvian trade union
movement began in 1884 with
the foundation of the
Confederation of Artisans
Universal Union, of anarchist
inspiration. Also in this line was
the Peruvian Regional Workers
Federation, which emerged in
1919. However, the first great
central was created in 1944,
during the presidency of
Manuel Prado, under the name
of Confederation of Workers of
Peru.
Municipal labor force in defense of labor rights.

Fuerza obrera municipal en defensa de los derechos laborales.

WHAT IS A TRADE UNION?
 Personally I consider that a Union of workers is a
Socioeconomic Organization, which was born from
the need for workers to unite and face together the
erroneous interpretation of the interests of the
employer.

 Unions are an organization made up of a group of

workers, who create and approve their own statutes,
freely and democratically choose their
representatives and organize their activities, in order
to seek benefits for unionized workers over those
who are not unionized.
 NUMBER OF WORKERS TO
ESTABLISH A TRADE UNION
 In Peru, to form a union in a private company, it is
required to have at least 20 affiliated workers and if it
is a union for economic activity, at least 50 affiliates
are needed.

 En el Perú, Para conformar un sindicato en una

empresa privada, se requiere como mínimo tener 20
trabajadores afiliados y si se trata de un sindicato
por actividad económica, como mínimo se necesitan
50 afiliados.
Currently the Ministry
of Labor and
Employment
Promotion, acts firmly
against those
companies or entities
where anti-union
practices are
registered, I
understand that in
several mining
companies the MTPE
ordered the
immediate
replacement of
workers, unionists.
Cuadros (Fuente Ministerio de Trabajo – Perú).
Participación Sindical en el desarrollo socioeconómico, del Perú.
 TRADE UNION RIGHTS
ACCORDING TO LAW
 Freedom of association: The Constitution
recognizes the right of workers in the public and
private sectors to unionize and establishes
freedom of association as an indicator of it.
 Some restrictions: Temporary workers cannot join
the same union as permanent workers. 10 members
are required to form a union, although in some cases
the minimum is 20 and never more than 50. This
requirement remains excessive by international
standards, and as a consequence there is a total
lack of unions in small and medium-sized
enterprises.
 Collective bargaining: The right of workers, both in
the private and public sectors, to bargain collectively
is enshrined in the Constitution. It states that a union
must represent at least 20 workers to become an
official agent for collective bargaining.

 Right to strike - the Ministry has the right of veto:

Workers have the right to resort to strike, but this
right is limited since unions need to obtain a permit
from the Ministry of Labor.