Peru - CLR

LABOUR RIGHTS INDEX 2022

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Peru’s overall score is 74 out of 100. The overall score for Peru is higher than the regional average observed across Latin America and The Caribbean (71). Within the Latin America and The Caribbean region, the highest score is observed for Paraguay (82.5).

Peru ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1964.

Labour Rights Index 2022

74/100

LRI Country Score

75/100

Trade Union Indicator

2.28 %

Trade union density rate (%)

2.6 %

Collective bargaining coverage rate (%)

4.2

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

Yes

1 §28 of the Political Constitution 1993; Title II of Supreme Decree 010-2003- TR; §168 of Penal Code, 1991

No Violation Found

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1 §28 of the Political Constitution 1993; § Title III of Supreme Decree 010-2003- TR; Decreto Supremo N° 001-2005-TR

No Violation Found

Does the law provide for the right to strike?

No

0 §28 of the Political Constitution 1993; Title IV, §73b & 83 of Supreme Decree 010-2003-TR

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1 §28 of the Political Constitution 1993; § Title IV of Supreme Decree 010-2003-TR

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

No Violation

Violations

National Labour Legislation

§73b & 83 of Supreme Decree 010-2003-TR

Article 73.- To declare a strike, the following is required:

a) That its purpose is to defend the rights and socioeconomic or professional interests of the workers included therein.

b) That the decision be adopted in the manner expressly determined by the statutes and that in any case represent the majority will of the workers included in its scope.

The minutes of the assembly must be endorsed by a Notary Public or, in his absence, by the local Justice of the Peace.

In the case of activity unions or unions whose assembly is made up of delegates, the decision will be adopted in an assembly expressly convened and ratified by the bases.

c) That it be communicated to the employer and the Labor Authority, at least five (5) business days in advance or ten (10) in the case of essential public services, accompanying a copy of the voting record.

d) That the collective bargaining has not been submitted to arbitration.
“Article 83.- The following are essential public services:

a) Sanitary and sanitation.

b) Cleaning and sanitation.

c) Those of electricity, water and drainage, gas and fuel.

d) Those of burial, and those of burials and necropsies.

e) Those of penal establishments.

f) Those of communications and telecommunications.

g) Those of transport.

h) Those of a strategic nature or that are linked to defense or national security.

i) Those of administration of justice by declaration of the Supreme Court of Justice of the Republic.

j) Others that are determined by Law.”

Violations

No Violation