16 April, 2012These contracts deny workers the internationally recognised rights to the freedom of association and collective bargaining, impose long working hours, low pay, poor working conditions, abusive treatment and little access to health and maternity benefits and pensions because they are not permanent employment contracts.
PERU. Decree Law 22342, which governs non-traditional exports, was the main issue at the international forum on decent work in the clothing and garments industries of Peru, held in Lima on March 21-22. The event was convened jointly by the International Textile, Garment and Leather Workers' Federation (ITGWLF), the AFL-CIO Solidarity Centre, the Maquila Solidarity Network and the Peruvian NGO, Programa Laboral de Desarrollo (PLADES).
The forum heard that even when the law is applied correctly, it is unconstitutional and in breach of international labour standards. The forum heard many accounts about how contracts in the non-traditional export sector are denying workers the internationally recognised rights to the freedom of association and collective bargaining and condemning them to long working hours, low pay, poor working conditions, abusive treatment and little access to health and maternity benefits or pensions, because they do not have a permanent employment contract.
The forum also heard that many companies are abusing the law, applying it in an inappropriate way, without any effective intervention by the government. The great majority of these workers carry out permanent functions. Their jobs existed before they were employed and will continue to exist when they have left. Although they are in fact permanent workers, they are employed on successive temporary contracts. Some workers have had as many as one hundred temporary contracts with the same employer.
Therefore, the International Textile, Garment and Leather Workers' Federation (ITGWLF), the International Metalworkers' Federation (IMF) and the International Federation of Chemical, Energy, Mine and General Workers (ICEM) wrote to the President of Peru, Ollanta Humala, asking him to repeal the law in question.
The letter explains that the ILO says the decree is in breach of international labour standards and has urged previous governments to review the legislation in the light of these standards.
It recalls that the Humala government made an election promise to repeal the decree and goes on express "concern that the employers, the Ministry of Trade and the Congressional Foreign Trade Commission want to keep Decree Law 22342". It points out that "this would be terrible for the welfare of workers in the sector and would seriously harm the image of both the government and country".
During the forum, trade unions and civil society representatives met to plan a campaign for the repeal of non-traditional export contracts. If necessary, this campaign will use international mechanisms such as those of the ILO, OECD, FLA, WRC and the Free Trade Treaty, as well as using the influence of brands to ensure compliance with the labour requirements in their codes of conduct.
Finally, the letter maintains that "our affiliates know they can count on the full support of our new global trade union, IndustriALL, in their fight against precarious work and outsourcing in our sectors".
The IMF, the ICEM and the ITGWLF urge the government to promote the industry on the basis of secure employment, decent work and social dialogue for the common good of workers, the industry and the country. And to support the proposal to repeal the decree law and ensure compliance with national labour legislation and international labour standards in the sector.