proved “perfect termination of the labor relationship.” In this regard, the petitioners
point out the company unilaterally, after delivering the dismissal letters to the workers
entered judicial policies with the Labor Jurisdiction for appropriate social benefits for
the workers. The petitioners allege that, if some of the workers “acceded to a
provisional assignment of social benefits” by withdrawing these sums that does not
constitute perfect termination of the labor relationship. They allege that the State has
admitted this situation because in its proposal for a friendly settlement, it employed
reparation criteria based on domestic indemnities paid in cases of arbitrary dismissals,
with which it is recognizing its liability, the insufficiency of the social benefits, and that
appropriate reparation encompasses amounts and items different from those included
in the these social benefits.
35.
Based on the arguments of fact and law expressed, the petitioners
request that the Commission declare this complaint admissible based on the alleged
violations of the rights set forth in Articles 8, 9, 24, and 25 of the Convention, in
accordance with the general obligation to respect and guarantee rights pursuant to
Article 1.1 and the duty to adopt domestic legal provisions as per Article 2 of the
American Convention.
B.
The State’s Position
36.
The State alleges that in February 1996, the administration of
PETROPERU S.A. of Northwest Operations, headquartered in the city of Talara, initiated
before the appropriate administrative authorities a personnel reduction process known
as “voluntary resignation with incentives,” which included a group of workers from
PETROPERU S.A. The State indicates that, in accordance with the procedure set forth
in Decree Law No. 26120, the workers included in the voluntary resignation with
benefits process (no fewer than 12 monthly remunerations without prejudice to
inclusion of their social benefits) were part of a collective dismissal implicitly approved
by administrative authorities five days after the company submitted the
request. Thus, the State affirms that nearly 90% of the workers involved in the
reduction process opted for voluntary resignation with incentives.
37.
According to the State, PETROPERU S.A. implemented the reduction
program in full observance of the legislation that was applicable and in force at the
time. The State maintains that by following a previously established process, it could
not be stated that an arbitrary dismissal had occurred or that actions had been taken
contrary to legal and constitutional rules in this area.
38.
With regard to exhaustion of domestic remedies as they relate to the
purpose of the petition, the State indicated in its original submission that the union
workers at the company filed an action for amparo without exhausting administrative
options or appealing the decision implicitly granted by the lack of administrative
response. The State indicates that the union also requested a precautionary measure
to render ineffective the letters to personnel inviting them to take part in the
retirement program. The State points out that this request for the precautionary
measure in question was declared admissible in a lower court, but was eventually
overturned in a higher court. Later on March 18, 1996, the Talara Civil Court rendered
judgment on the main file, declaring the exceptions employed by the company to have
merit and the complaint to be inadmissible. Lastly, the State says that on July 3,
1996, the Second Civil Division of Piura upheld the decision.
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