On Monday the Regional Council of Cusco approved an ordinance that aims to prevent the employment of foreigners and prioritize the hiring of local labor in private companies in Cusco. When it is reported in this way, it sounds like an appropriate measure and of social interest, if not because this measure not only violates the constitution and international treaties, but also attempts to discriminate against the compatriots themselves, since they want to prioritize hiring of local people (understand only Cuzco), so implicitly would be discriminating workers from other parts of the country. We have been waiting for the norm to be published in the Official Gazette of Peru; However, until today the ordinance has not been published, however, throughout the national territory and through the media and social networks voices have been heard – as was logical – against such an unhealthy barbarity, that could also bring problems to our Cusco authorities.
The Regional Director of Labor of Cusco, Mr. Ali Leon, would be the official who prepared the proposal, which was a promise that the Regional President of Cusco Jean Paul Benavente was promising several months ago, and that was finally presented on Monday, May 13 before the Regional Council of Cusco and approved by majority with only three abstentions. This morning in the newspaper “El Comercio” was reported as follows: “… The measure declares a need for public prioritization of regional labor in the call for new jobs. It has its origins in the fact that many local workers have been dismissed for the purpose of the company contracting “between 2 and 3 informal workers, who receive a third or half of what the Peruvian earns,” he explained to El Comercio. Regional Director of Labor of Cusco, Ali León.
“Those who say that the presence of these gentlemen has optimized the market, that there is more income for the State, have not analyzed. If you are going to produce foreigners in our region, let it be under the umbrella of formality. That they have benefits and that they pay their taxes, “he says.
It should be noted, however, that no regional government can dictate competences on immigrant workers, since these correspond to the Ministry of Labor. “
Thus, Dr. Javier Neves Mujica, an expert in labor law and teaching at the Pontifical Catholic University of Peru, said in his personal Facebook account: “The Regional Ordinance of Cusco approving sanctions to companies that dismiss cusqueños to hire foreigners In a situation of informality and underemployment, it is a disaster. First, it only proscribes the substitution when the labor link was extinguished by dismissal. What if it happened due to the deadline? In any case, you should indicate that any replacement in those terms is prohibited. Second, why is it only for the Cusquenians? The victim of arbitrariness could be a person from any region of the country or even another foreigner, and deserve the same protection. Third, the regulation already prevents hiring workers in informality and imposes sanctions for the infraction. Useless and discriminatory. ” So far it is clear that the rule has no head or foot, attentive not only against foreigners, but also unprotected, and disintegrates the rest of Peruvians from other regions, as if the discriminatory discriminatory mood of the rule against foreigners is not It was serious enough. Remember that the Political Constitution of Peru, in its 2nd article says: “Everyone has the right: … 2. To equality before the law. No one should be discriminated against because of origin, race, sex, language, religion, opinion, economic condition or any other … “, remember also that in our system must comply with the hierarchy of laws and that the ordinances can not contravene to the constitution or international treaties, such as those of the ILO.
In the end also the lawyer and journalist Rosa María Palacios, in her program “Sin Guion” issued a chapter called “Cusco versus Venezuela” in which she described the ordinance as: “… very disturbing and dangerous for employment in Peru and for the compliance with constitutional provisions and, of course also, our international pacts as a state … “, in short, makes us see all the people of Cusco as xenophobic and ignorant of the law; However, this is not the work of all the people of Cuzco and not all of them are in favor of this norm. Ms. Palacios also argues that this could bring criminal problems to the authorities that promoted and passed this law. We will have to wait to see what happens with this rule once it is published and if unconstitutionality actions will be presented and some other measure against this already approved ordinance that is causing a stir throughout the country.