Defusing Labour Conflict In Peru

• Law Firm: lus Laboris
• Subject Matter: mployment and HR, Law Practice Management, Employee Benefits & Compensation, Employee Rights/ Labour Relations, Human Resource Management
• Author: Mr Jorge Toyama (Vinatea y Toyama)
• Published date: 02 February 2023

The key is trust and transparent processes.

The climate of polarization and instability that Peru is experiencing is reflected in labour conflicts. In the past year, widespread political unrest has been led by collective actions of labour protests. We have calculated that one labour claim is generated for every 36 Peruvian workers, either through an inspection by the labour authority (Sunafil) or a trial in the Judiciary. In fact, in three years, inspections have doubled and labour lawsuits are the second most common type of claim in the country, behind family matters and higher than criminal matters.

Based on this, we worked on the first Labour Conflict Study (ECLA) to find out if what was being reported in public information was borne out in experience in private sector workplaces. Labour conflicts arise within employers and, if they do not find a channel internally, they escalate to the streets, to social networks, to labour inspectors or judges.

More than 150 Human Resources leaders participated in the ECLA, a survey applied to all economic sectors and to organisations that have more than 100 workers on their payrolls. According to the responses received, 46% say that labour conflicts have increased this year, while 53% estimated that in 2023 they will increase much more. Currently, only 37% state that conflicts have remained the same, and only 17% say that they have decreased.

The economic situation (inflation especially), the political crisis and the effects of the pandemic (above all, its impact on income inequality), generates severe tensions and complaints within employers. Conflicts are expressed and channeled in various ways. Human Resources managers indicate that the largest number of claims are filed with managers and supervisors (72%) and 21% use anonymous complaints, but then follow claims with Sunafil (53%) and the Judiciary ( 38%). The use of sit-ins and strikes is low due to the level of unionisation (18%), but it is higher than complaints on social networks (11%).

What are the main causes of labour disputes? The work environment stands out. Lack of communication (49%) and connection between management and workers (27%), as well as mistreatment and abuse by employers (24%), lead the reasons for labour disputes. Another cause is that, according to Human Resources...