not allow this groups of workers inter alia the right to defense and to challenge the
decision of an administrative authority.
21.
The petitioners state that in January 1996, they began receiving
notarized letters from the company in which they were invited to take part in a
voluntary retirement program. They say that these letters indicated that if the
proposal involving their resignation was not accepted, the stipulations of Decree Law
No. 26120, Article 7(a) would be applied, in the sense that the company would submit
to the Labor Administrative Authority the request for reduction of personal, including
the list of workers covered in that request, i.e. those who had not accepted voluntary
retirement. This group would only have the right to receive the social benefits dictated
by law and would not receive additional benefits.
22.
The petitioners allege that on January 30, 1996, the Consolidated
Petroleum Workers Union of Peru submitted a communication to the head of the
Regional Labor Office of Talara, informing him of the alleged irregularity in the
reduction of personnel carried out based on a law that had already been repealed. In
addition, the petitioners allege that the Union requested that the Labor Authority
inform them if the company had submitted a file requesting permission to carry out the
firings and, if so, that it send them a copy of it. The petitioners allege that they
received no response. They indicate that on February 8, 1996, the Union again
communicated with the Labor Authority to complain that the workers had received
dismissal letters, which indicated that on January 29, 1996, the Company had
requested permission from the Talara Regional Work Area, and, as a result, since the
5-day period had passed, the dismissals were carried out. The petitioners complained
that since no file had been opened by the Labor Authority, and later notified the Union
of the same, they had infringed on the workers’ right to defense and due process.
23.
They also point out that on February 6, 1996, the Union requested
that the decisions ordering the dismissals before the Labor Conflict Prevention and
Settlement Office not be applied, arguing violations of the guarantees to due process in
the administrative proceeding, especially with regard to the lack of notification of the
personnel reduction process to be implemented and infringement of the right to
defense given the impossibility of any type of challenge or review of the decision to
dismiss the workers in question. The petitioners maintain that the Labor Authority did
not reply to this request either.
24.
The petitioners point out that Decree Law 26120 established a
“special procedure” for personnel reduction that did not observe minimum guarantees
for the victims because it did not allow them to know about the procedure used to
carry out the dismissals since they were not notified, and because it implied
infringement on their right to defense and the power to challenge the dismissal
decision because neither did the law provide the possibility of any type of review of the
dismissal decision. The application of this law deprived them ab initio of an
administrative challenge of their dismissals. The petitioners allege that the fact that
there is a special procedure does not exonerate the State from observing due process
and minimum guarantees for all people under its jurisdiction.
25.
The petitioners also point out that several additional irregularities
were committed in the process. The petitioners maintain that they were coerced into
submitting resignation letters, and that the workers dismissed included workers who
had been victims of industrial accidents and workers in the pre and post natal
phases. However, since they were unable to access information on the reduction
6