early pension regime. ... The said Multisectoral Commission may, also, review the reasons for
the dismissals and determine the cases in which the payment of earned or pending
remuneration or social benefits is owing, provided these aspects have not been the object of
legal action.
72.
On March 26, 2002, the Multisectoral Commission issued its final report, concluding, inter
alia, that “the norms that regulated the collective dismissals should not be questioned […], merely the
procedures by which they were implemented.” It also agreed “that any recommendation on reincorporation
or reinstatement should be understood as a new labor relationship, which could be a new contract or a new
appointment, provided that there are vacant budgeted posts in the entities or that such posts are opened up;
that the employees comply with the requirements for these posts; that there is legal competence to hire, and
that there is a legal norm authorizing appointments.”
73.
On July 29, 2002, Congress issued Law No. 27803 concerning the implementation by the
Multisectoral Commission of “the recommendations of the [Special] Committees created by Acts Nos. 27452
and 27586, responsible for reviewing the collective dismissals in the State enterprises undergoing processes
to promote private investment and in entities of the public sector and local government.”67 That act provides
the following:
Article 1.- Scope of application
This law applies exclusively to former employees who were terminated through collective
dismissal proceedings before the Administrative Labor Authority in the framework of the
private investment promotion process, which dismissals, as determined by the Special
Committee established by Law No. 27452, have been considered irregular; and to former
employees whose collective dismissals from the public sector and local governments have
likewise been considered irregular according to the parameters determined by the
Multisectoral Commission established by Law No. 27586.
This law also applies to former employees who were coerced to resign in the framework of
the above-mentioned private investment promotion process or in the context of the
collective personnel dismissals under Decree Law No. 26093 or reorganization processes
referred to in Article 3 of Law No. 27487, as determined by the Executive Committee
mentioned in Article 5 herein.
Article 2.- Purpose of the Law
A Special Benefits Program is hereby instituted, whose intended recipients are the former
employees covered by the scope of application of this law. ...
Article 3.- Benefits of the Special Program
The former employees covered by the scope of this law who are duly enlisted in the National
Register of Irregularly Dismissed Workers created in Article 4 herein shall be entitled to
choose exclusively one of the following benefits:
1. Reinstatement or redeployment
2. Early retirement
3. Financial compensation
4. Vocational training and retraining
Article 4.- Creation of the National Register of Irregularly Dismissed Workers
As part of the Special Benefits Program mentioned in Article 2, the National Register of
Irregularly Dismissed Former Workers (hereafter, “National Register”) is hereby established,
in which the former employees covered by Article 1 of this law must be enrolled in order to
have access to the benefits provided in the preceding article.
67
Annex 42. Law No. 27803. Available in Spanish at: http://www.mintra.gob.pe/contenidos/destacados/ceses/ley_27803.doc
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