In this article I refer to two aspects related to the "Law promoting youth access to the labor market and social protection." Law that now everyone calls "Pulpín Law". I do not pretend to invalidate anything that young people have said about it. I must emphasize, however, that the majority is intuitive approaches. Others are the expression of old trade union or party structures using its young members to seek "dialogue" to the government and see how they fit best to continue manipulating the interests of workers and continue to vegetate. In any case, "the rebellious nature of youth" has shown an unfortunate orphans information and knowledge, both on the law and on the environment in which it is framed and context in which it is part. Two of the aspects that just want to try without pretending to exhaust the discussion.
Defensa de JOH insiste que testimonio de analista de la DEA es falso y solici...
Peru: "Law Pulpín", the IDB and the APP. Traps made and what lies
1. Peru: "Law Pulpín" The IDB and the APP
Traps made and what lies
rubèn ramos
In this article I refer to two aspects related to the "Law promoting youth
access to the labor market and social protection." Law that now everyone
calls "Pulpín Law". I do not pretend to invalidate anything that young
people have said about it. I must emphasize, however, that the majority is
intuitive approaches. Others are the expression of old trade union or party
structures using its young members to seek "dialogue" to the government
and see how they fit best to continue manipulating the interests of
workers and continue to vegetate. In any case, "the rebellious nature of
youth" has shown an unfortunate orphans information and knowledge,
both on the law and on the environment in which it is framed and context
in which it is part. Two of the aspects that just want to try without
pretending to exhaust the discussion.
The "transmigration" of DL 728 and other traps
I am not an expert on labor issues but I know that the entire legislative
framework referred to the hiring of workers, their obligations and their
rights, was "relaxed" in favor of capital and private enterprise, with the
Structural Adjustment Programmes (PAE) that resulted from the
Washington Consensus in the early 90's. Just for those who were already
working to those just incorporated.
From that time dates the Legislative Decree 728 that approved the
"Employment Promotion Act" imposed by financial institutions (IMF-WB)
governing since then (although it had been doing before), the Peruvian
economy and society. This same institutions imposed the PAE and the
"package" 90 'kicking off the "miracle" of macro-economic growth that
generated extreme poverty, greater social inequality and the current
crisis. Many, however, yearn for that miracle.
2. The DL 728 and its regulations were "ordained" in a single text that
appeared as "Consolidated Text of Legislative Decree 728, Law of
Productivity and Competitiveness Supreme Decree 003-97-TR
27.03.1997". Something else: Law, Regulation and unique Text (TUO) were
imposed by the same institutions that imposed the macro economic
model for Peru and were endorsed by former President Fujimori and his
ministers first ineffable, each in turn.
It is at this TUO that "Pulpín Act" refers as "default text" to all matters not
provided in this Act. Thus it is written in paragraph 5 of Art.1 of "Pulpín
Law". It reads: "In all matters not covered by this standard is of
supplementary application regulating contracts subject to conditions
specified in Consolidated Text of Legislative Decree 728, Law of
Productivity and Competitiveness approved by Supreme Decree 003-97-TR
27.3.1997.
And what are the contracts subject to special conditions?
All those "fixed term" (as those provided in Pulpín Act), which "are
celebrated because the needs of the market or increased production of
the company". That is defined in Art. 53 of the TUO to which I have
referred. It would pay someone versed in the legal intricacies give them
some scope youth regarding their implications.
What is clear is that the Pulpín Act is part of a TUO of Act 728, the Title II,
shall be that set the tone for everything that will be the arrangements for
recruitment of young people and their "temporary", as it is easy deduce, is
not based on time, but "the market needs or increased production of the
company". In this sense, we should not overlook, first, that the market
urges be "reactivated" by entering more "formal" consumers. No matter
minimum wage, but are creditworthy to join the millions who "live on
3. borrowed time". Second, PPPs, as discussed below, need cheap labor to
"cheapen" costs as well as the private sector is meant to increase
production.
Apart from this, two naive questions:
Is it why the "transmigration" of DL 728 to the body of the Law Pulpín
Congresswoman Martha Chavez defends this law?
Will the exhortation of President Humala to congressmen, was aimed at
Fujimori? (Recall that this exhortation, in addition to portray, called on
Congress to "have convictions and firmness rather weak positions that
make them forget and backward, because that generates the contempt of
the people towards the political").
The other traps
But the DL 728 is not the only "transmigration". There's more. And it may
be best identified as "traps" made to a law. Thus, it is said in the Law
Pulpín that anything having to do with Workday, working hours and
overtime work shall be established according to DS 007-2002-TR, single
consolidated text of Legislative Decree No. 854, as amended by Act 27671
or "regulation replacing". What to do with what is called "very serious
administrative offense", it will be through the General Labour Inspection
Act 28806 Art 33. And the return of social insurance payments, shall be
settled by Law 26979 (SUNAFIL). Enough said and step to the second
question.
The IDB and the "three reasons for optimism"
4. The second issue to which I refer is for desenmadejar the true purpose of
the Act Pulpín. Is directly related to public investment policy and the role
of caboose assumed by the Peruvian State in the conduct of private train
of its economy. Responds to a higher level strategy which can not access
staring at his feet.
In everything I heard, for and against the Pulpín Act not looked at all the
author and main character of the tragicomedy of "economic growth with
social inclusion": the Inter-American Development Bank (IDB), nor its
supporting actors : banks that make up the IDB Group (GERD) present
investment takes into account the Bank in all spheres of national life. No
mention was made to investors or partners who have adopted modalities
to be, first and ultimately to advance the plot.
As is known, the IDB is one of those curious banks created by the elites of
the financial and global economic power, whose name is longer than
American, European, Israeli, Japanese, Australian and South Korea to
South American and Caribbean. But for the role that all countries in this
part of the American continent as members "borrowers".
The screams of the shift manager of the palace of government of Peru and
his cohorts, has no other explanation than to fulfill the commitments to
the main creditor of its public debt and principal "apalanqueador"
business of its lucrative investment partners foreigners and natives in
infrastructure and construction, exploitation of NR, production,
marketing, public services (health, education, transport, communications,
food, defense and homeland security), governance and public
administration at national, regional and local levels, registration and land
titling, creating NGOs and Foundations as "Forge" for example, working
with youth in Peru, Dominican Republic, Mexico, Colombia draft a
billionaire transition from school to work; or NEO also works with more
than one million poor and vulnerable youth in Latin America and the
5. Caribbean to improve their skills and ensure their "employability" in
companies in which governments and civil society contribute resources.
NEO has as corporate consortia as Walmart, Caterpillar, Microsoft,
CEMEX, and Arcos Dorados partners. You can visit them online to see what
they do. Still, you can visit the website of the IDB to have an idea of the
magnitude of the management and control of this institution of world
order, attached to the OAS, on Peru and other countries.
Here I only want to refer to one of the programs closely related to the
Pulpín Act, the meaning and projection. For this I will refer to an IDB
document itself entitled "Peru: the economy slows." It is a document in
which the Bank warns about the precipitous drop vaunted Peruvian
economic growth (of 5.8 between October 2013 and March 2014, to 1.2
from April to September 2014). Obviously, says nothing of the increase of
extreme poverty and the extent of the gap of social inequality that
generated such growth in the last three decades.
In the same document, the Bank warns of slowdown and the crisis of the
"fall of expectations' (a euphemism for existing deflation), need not
generate pessimism. And this, he says, because Peru has "three reasons
for optimism: solid foundations, policy responses and structural changes."
1. As a "solid foundation", highlights the "risk rating" that private agencies
related to monitoring cash commitments and fiscal policy, grant to Peru.
And of course, for the Bank this is a "strong argument" because it is linked
to another based on the "high foreign reserves" are those that guarantee
the payment of interest on loans imposed on this country to continue to
"grow "or try to overcome the crisis in the current situation.
2. In regard to "policy responses" IDB identifies "Public-Private
Partnerships" (PPP) generated in Peru and other countries of the Pacific
6. Alliance through MIF (Multilateral Investment Fund). This bank is a
member of the IDB Group and is the first drive of the multimillion-dollar
investments that have been made in Peru. Share gear and parts with
another member bank group, called Inter-American Investment
Corporation (IIC). The two, plus the IDB itself, are aimed at extending and
securing private investment in the "borrowing countries" in Latin America,
the Caribbean and the world. And in Peru, in particular.
Public Private Partnerships (PPPs) are a mechanism created by GERD for
the State to ensure the profitability of the business of financial institutions
in this group profit for its investors and partners. These are none other
than consortia of foreign and native private companies, earning the Award
on how much work financed by the IDB. These consortia are summoned
and ranked by the Bank itself. Consortia creditors of the projects are made
"concession". These concessions may be extended up to 99 years. This
means, for example, you and your generations will see the Italian-Spanish
consortium that holds the concession for the Lima Metro lines, as owners
of infrastructure and services involved. But not only this. They are also the
owners of the territory through which the Metro. Like in the case of
consortia "winners" Italian, Spanish, Belgian, South Koreans, Germans,
Brazilians, Chileans, Colombians, Israeli, Japanese, Australian, Canadian,
and American course because all depend on the leverage of GERD alone or
in partnership with the other groups of banks World Bank (GBM), and / or
the International Development Agency of the United States (GUSAID).
Public-Private Partnerships have been made to that private enterprise will
gobble public. That is, the state, we all are. Not only this, they are
designed in view of the "occupation" of the territories by financial
institutions and consortia and foreign private companies. They assume,
therefore a violation of sovereignty over the country. This is the Doctrine
of the New American Century (AIPAC). But its origins date back to the
Monroe Doctrine and, earlier, Manifest Destiny and the New World Order
of the Enlightenment symbiosis that is recorded on the dollar bill.
7. PPPs are the most violent usurpation of the country through the economy.
The establishment of the domain of private enterprise, in a model of
savage capitalism backed military force. A form of appropriation of the
territory, to degrading it, ending stocks originating with the environment,
with public spaces. To destroy the same and build the alien in the name of
humanity and globalization. Operate and dispose of the workforce,
ensuring the hegemony of international capital in the pattern of the US
dollar. So was foreseen the future of our economies after the fall of the
Berlin Wall and from the Washington Consensus and PAE. This was
endorsed by the Constitution of 93 in the Peruvian case. This was
instrumentalized the Fujimori, Toledo, of Alan Garcia, Humala.
Regarding the Pulpín Act and the recruitment of young people between 18
and 24 years relievar mind that it is precisely these consortia and / or its
member companies of the Public Private Partnerships (PPPs), "leveraged"
by GERD, which will bid the "opportunity "to improve the" employability
"and to" promote the recruitment of unemployed youth in those
companies that do not have existing consensual unpaid fines for violations
of the social and labor regulations. "(The reference to part of the APP, can
not be clearer). But they could also be hired by private companies
operating under that otherwise alienate the role of the state (making it
complicit in the exploitation of labor), called "Works by Tax (oxy).
In any case, the "temporary" is a concept present in the Act or appropriate
to say, other than what I stated that "temporary contract" has to do with
the exploitation of labor up to three years. Time during which consortia
and their member companies will be subsidized by the state through tax
benefits, payment for social insurance for young recruits, the assumption
of the costs of training. All at the expense of taxes of all Peruvians.
8. It is not, therefore, only the precariousness of recruitment and
exploitation to be put young people but the enormous benefits they will
(and already obtained) financial institutions and private companies
forming consortia or operate individually. Certainly at the expense of
young people themselves, but still, at the expense of all Peruvians.
3. With regard to structural changes, the IDB document "Peru: the
economy slows," emphasizes that one of these is "Improving the
formalization of employment". I will not argue the falsity of this assertion,
for reasons of space. I'll just say on this in the "formalization" has turned
much of the failures of "Tyrian and Trojan" to discuss the Pulpín Act.
What the IDB is saying, or pretending to smuggle, is exactly what makes
this another institution, twin, guarantor of the exploitation of labor by
capital is the ILO. This considers that formalize employment "is a strategy
for development and growth of the countries of Latin America and the
Caribbean". If so, the Pulpín Act must be repealed now! Because nothing
more opposed to the development and growth, in this case of Peru, this
Act, all I said for consortia and / or companies that are engaged youth.
PPPs are denial, par excellence, of any possibility of further growth and
national development.
In this sense, "to improve the formalization of employment in these
companies, involves coating the labor factor of a set of requirements and
legal requirements to immobilize the political capacity of workers and
return to a position of servitude and obsequiousness. In primary exporting
economies, where the only alternative to starvation is "cachuelear", or
beg, speak of "formalize employment" is cynical, if not perverse.
Informality is not only inseparable but also functional to the type of
economy that Peru and most countries of Latin America and the
Caribbean.
9. When our countries regain ownership of their natural resources and
initiate processes rational and sustainable thereof exploitation, along with
process manufacturing and industrial processing of these resources within
a framework of economic independence and political sovereignty, will not
need the IDB or any of these institutions, which benefits them informality
recommend that formalize employment.
The story of formalization, taken as a recurring theme by these
institutions, the declining newspaper, the "experts" and "political"
upstarts and mediocre, only serves to lure naive and stupefy the
understanding of reality. Informality is codeterminante with the type of
economy and "growth" we have in Latin America and now extends to
Europe and the US, where the measures neoliberal adjustment along with
changes in the global structure of production, has unemployment released
millions of "formal" workers. Ask formalization, is not "flex" the tying work
requirements and barbaric speculative financial capital, but pursue their
equiparidad, near the capital, productive transformation processes,
wealth generation and distribution. But this is a structural change.
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10. When our countries regain ownership of their natural resources and
initiate processes rational and sustainable thereof exploitation, along with
process manufacturing and industrial processing of these resources within
a framework of economic independence and political sovereignty, will not
need the IDB or any of these institutions, which benefits them informality
recommend that formalize employment.
The story of formalization, taken as a recurring theme by these
institutions, the declining newspaper, the "experts" and "political"
upstarts and mediocre, only serves to lure naive and stupefy the
understanding of reality. Informality is codeterminante with the type of
economy and "growth" we have in Latin America and now extends to
Europe and the US, where the measures neoliberal adjustment along with
changes in the global structure of production, has unemployment released
millions of "formal" workers. Ask formalization, is not "flex" the tying work
requirements and barbaric speculative financial capital, but pursue their
equiparidad, near the capital, productive transformation processes,
wealth generation and distribution. But this is a structural change.
www.alizorojo.com