Implementing Labor Laws: The Components of Promotion, Awareness Raising, and Social Responsibility Observations on the Peruvian Experience

STRATEGIC PLAN Action Strategy: For 2009, the Ministry of Labor and Employment Promotion (MTPE) proposes three core action strategies to advance compliance with the labor laws and observance of fundamental labor rights in the country: 1.Plan RETO – Obligatory Worker Registration 2.Creation of the Bureau of Fundamental Labor Rights and Occupational Health and Safety 3.Implementation of a public campaign to foment best workplace practices

SPECIFIC OBJECTIVES Plan RETO:  Extend the coverage of labor inspection to include social sectors not covered by the labor laws and without access to social security.  Continuous induction and monitoring operations in different economic sectors to ensure across-the-board inclusion of workers in the electronic roll and reduce the high incidence of informality in the country.

SPECIFIC OBJECTIVES Creation of the Bureau of Fundamental Labor Rights and Occupational Health and Safety:  To carry out consistent, organized, and permanent work in the area of fundamental labor rights and occupational health and safety, so as better to enforce the domestic and international standards to which the Peruvian State has subscribed.  Identification of practical coordination strategies and mechanisms that have been used in this area, with a view to implementing short- and long-range plans, as well as to pin down the best joint working mechanisms.

SPECIFIC OBJECTIVES Implementation of a Public Promotion Campaign on Best Workplace Practices :  There is a need for mechanisms to raise awareness of fundamental labor rights and harness the commitment of Peruvian businesses in that task.  Identify and reward companies that set an example in protection and observance of fundamental labor rights, with the aim of mainstreaming such conduct and securing a greater commitment from the business sector in the area of corporate labor responsibility.

Bureau of Fundamental Labor Rights and Occupational Health and Safety  The aim is to improve labor standards in the country by strengthening observance of the fundamental labor rights recognized by the ILO and international treaties, such as respect for trade union freedom and the right to collective bargaining; the right to equal opportunity and freedom from discrimination; eradication of forced labor and child labor, and implementation of effective occupational health and safety policies.  A special commission was set up with a mandate to develop a proposal for such a bureau together with a plan of action for strengthening the aforesaid rights in the near term.

Bureau of Fundamental Labor Rights and Occupational Health and Safety  The Commission conducted a review on the status each of the fundamental labor rights covered and found in each case that significant efforts had been made to bring about improvements in that regard, but no coherent public policies that pursued a common line of action or offered the authority necessary to work for the advancement of those rights.  Hence the need to create a specific bureau to address this issue. The Bureau would operate as part of the Vice Ministry of Labor.

Bureau of Fundamental Labor Rights and Occupational Health and Safety Organization and structure of the Bureau: Department of Occupational Health and Safety Vice Ministry of Labor Bureau of Fundamental Labor Rights and Occupational Health and Safety Department of Fundamental Labor Rights

Bureau of Fundamental Labor Rights and Occupational Health and Safety ComponentGeneralChild Labor Forced Labor Equality and Non Dis- crimination Trade Union Freedom Occupa- tional Health and Safety Reviewxxxxxx LegislationxxxXxx Institutional Strengthening xxxxxx Strengthening of Social Actors and Dialogue xxxxxx Publicityxxxxxx Coordination and Development xxxxxx Technical Assistance xxxxxx Measures in the near term:

Bureau of Fundamental Labor Rights and Occupational Health and Safety  The Peruvian State has adopted domestic and international obligations that require it to advance observance of fundamental labor rights, and it is complying with them by creating the Bureau.  The creation of this line organ entails amendment of the Law on the Organization and Functions of the Ministry of Labor and Employment Promotion (MTPE) and its Regulations, since it necessitates the creation of a new organic structure. The Commission’s final report suggests the provisional implementation of a team of MTPE professionals to temporarily take charge of introducing the measures needed in the near term, which could be done in the course of 2009.

Best Workplace Practices  An MTPE resolution adopted in 2007 introduced Certification of Best Workplace Practices, the purpose of which is to recognize businesses that adopt best and creative practices in the area of social and labor responsibility, promotion and protection of fundamental rights of workers, and an adequate working environment.  The necessary theoretical and practical studies to launch this plan have been completed and, at present, it is ready to be submitted to the National Labor Council (CNT) for discussion with a view to its approval by the social actors concerned. The sector proposes to initiate certification in 2009.

Best Workplace Practices  Public policy on corporate social responsibility must be issued by a line organ at the national level. Accordingly, that task should go to the Bureau of Fundamental Labor Rights.  The purpose of certification is strictly to identify, highlight, and publicize corporate initiatives on corporate social responsibility in the workplace.  Certification will be issued for concrete corporate initiatives that are adequate for the realization of one or more significant labor principles, bearing in mind the 1998 ILO Declaration on Fundamental Principles and Rights at Work.

What is the purpose?To identify, highlight, and publicize corporate initiatives with regard to CSR in the workplace. What are the paradigms?Indispensable: The fundamental principles and rights at work contained in the ILO Declaration of Necessary: All other rights whose promotion is necessary to achieve the purposes of agreed labor policy. What is certified?Specific corporate initiatives that further the realization of one or more significant labor principles. National CSR Initiatives

Best Workplace Practices  Certification must be granted on the basis of five core principles: willingness, additionality, trust and good faith, egalitarian treatment and participation, and dialogue.  A Supervising Committee will assess the initiatives submitted for certification. The Committee will have a quadripartite composition, with equal representation by government officials, workers’ organizations, employers’ organizations, and civil society institutions of recognized prestige. The MTPE will serve as Technical Secretariat.

SUPERVISING COMMITTEE Supervision and evaluation of certification Paradigm definition Candidate evaluation Initiative assessment TECHNICAL SECRETARIAT Appropriate MTPE organ in charge of CSR promotion GOVERNMENT EMPLOYERS’ ORGS. WORKERS’ ORGS. CIVIL SOC. INSTITUTIONS Civil Society Participation

CONSULTATION PERIOD Technical Secretariat 2 APPLICATION FOR CERTIFICATION 1 PREPARATORY STAGE 3 ASSESSMENT SUPERVISING COMMITTEE INFORMATION GATHERING TECHNICAL ASSISTANCE FROM EXPERTS CONFIRMATION OF REQUIREMENTS AND QUALIFICATION Technical Secretariat 4 CERTIFICATION Procedure

Best Workplace Practices The categories to be rewarded are: A.Fundamental rights B.Quality of employment C.Occupational health and safety D.Work and protection of the environment  The recognition that comes with certification should consist of market incentives, including publicization of corporate initiatives via State-owned and private media outlets, government agency web sites, and a public award ceremony for the initiatives selected by the Supervising Committee.

THANK YOU