The Ministry of Labor and Employment Promotion (MTPE in Spanish) released the Ministerial Resolution N° 170-2016-TR, which establishes that the National and Regional Labor Administrative Authority must review relevant information of Civil Construction Unions that are in the National Registry of Unions in order to identify those that have committed fraud or falseness, as well as breach of duty and essential impediments under the rules that regulate their constitution and operation.

The Directorates or Regional Offices of Labor and Employment Promotion will be responsible for the review and analysis of the documents in the administrative records of registration in the trade union registry,  related to civil construction sector generated between the 2006 and November 9, 2014, regardless of the level or scope of the organization.

The review period is no more than 25 working days, where the legal requirements for registration in the trade union registry will be verified, under the Unique Text of Law on Collective Labor Relations and Regulation of the Law on Collective Labor Relations; in addition to verify that trade union organizations do not have essential impediments.

If there are not breaches after review, the responsible office will develop a report detailing actions taken and conclusions of the review. If there are breaches, the trade union organization will have 10 working days to correct it or state its position on the subject.

If the fraud or falseness is evident on documents, statements, information or others submitted as part of the requirements for enrollment in the trade union registry, all the information will be transferred to the Public Prosecutor of the Administrative Labour Authority to request judicially the declaration of invalidity of the registration in the trade union registry.

It is important to highlight that the civil construction activity generates a significant number of jobs at national level and contributes to economic growth; however, this sector is affected by a considerable presence of criminal acts harming employers and workers.

 

AECH