36.
following:
On December 27, 1992, Decree Law No. 26120 was published. Article 7 provided for the
After an agreement with the Commission to Promote Private-Sector Investment (Comisión
de Promoción de la Inversión Privada—COPRI) was reached, all the measures aimed at
economic, financial, legal and administrative restructuring, as well as streamlining the staff,
of the companies included in the process of private-sector investment referred to in
Legislative Decree No. 674 shall be adopted on the basis of a Supreme Decree, including the
following measures:
a) Employee streamlining 1: to adopt and implement voluntary retirement programs for the
staff, with or without incentives. once the deadline for accepting the voluntary retirement
has expired, the company shall submit to the Administrative Labor Authority a request for
downsizing redundant staff, attaching therewith the list of employees included in this
measure. The employees who are dismissed as a result of the downsizing shall be entitled
only to the corresponding social benefits in line with the law, and the provision of additional
benefits shall not be admissible.
The Administrative Labor Authority shall adopt the Downsizing Program proposed within
five (05) days of submitting the request, without the applicability of the procedures provided
for by Legislative Decree No. 728.
If the Administrative Labor Authority does not issue a ruling within the time-limits set in the
preceding paragraph, said Program shall be deemed automatically approved with full rights.
On the basis of the express or implied ruling referred to in the preceding paragraphs, the
administrative remedy will have concluded. (...)
B.
Special procedures in each of the entities, their application to the alleged victims, and
remedies invoked
1.
Dismissals by ENAPU
37.
In November 1992, Decree Law No. 25582 was published, which included ENAPU in the
process of promoting private-sector investment in line with Legislative Decree No. 674.
38.
the following:
On January 12, 1996, Supreme Decree No. 003-96-PCM was adopted. Article 1 provided for
Article 1. The Board of Directors of the state seaport administration company Empresa
Nacional de Puertos S.A. (ENAPU) is hereby authorized to implement the program adopted
at the session of January 10, 1996 of the Commission to Promote Private-Sector Investment
(Comisión de Promoción de la Inversión Privada—COPRI), which is based on the provisions
set forth in subparagraph a) of Article 7 of Decree Law No. 26120.11
39.
On January 22, 1996, Directive No. 001-96 ENAPUSA/GRRHH which governs the Staff
Downsizing Program was adopted. The Directive points out the following:
Any invited employee who decides not to accept the PRVCI [voluntary retirement plan] by
the deadline for doing so, as established in the present Directive (...), shall be dismissed by
ENAPU S.A., in accordance with the procedure set forth in subparagraph a) of Article 7 of
Decree Law 26120 (...)12.
11
Annex 2. Supreme Decree No. 003-96-PCM. Annex 1-L to the petitioners’ communication of November 2, 1998.
12
Annex 3. Petitioners’ communication of November 2, 1998.
7