In the second decade of the 21st century, in an uncertain and changing environment in the economic and geopolitical sphere, organizations must adapt to changes, but to do so successfully they must have the identification and commitment of their most valuable resource, human resources. It is there where a widely studied issue becomes relevant, but which should be of primary interest to organizations, labor cost overruns and workers' rights.
We can define labor cost overruns as additional payments to the remuneration that the employer must assume, for the concept of providing labor benefits to its workers, such as health insurance, vacations, bonuses, CTS, etc.
Likewise, we can define the rights of workers as the benefits that workers enjoy regardless of their employment status, such as remuneration, working hours, compensation for arbitrary dismissal, etc.
In order to illustrate the problem of labor cost overruns and workers' rights, I am going to take as a reference the current situation on the subject in Peru.
One of the great problems in the Peruvian labor field is the great existing informality and the distortion of labor regimes, especially in the public sector, and is that a country that wishes to maintain sustained economic growth, but also with equivalent average tax collection levels emerging economies with similar per capita incomes and with a commitment to reduce social gaps and provide workers with decent salary levels and competitiveness in the labor market, must necessarily initiate a structural change in human resource management.
However, in order for this structural change to be successful, it must necessarily have the active participation of the actors in the process, such as the Peruvian State, business unions, trade unions and representative social sectors, so that through an open dialogue and sincere a consensus is reached on the regulations and application of structural changes in the management of human resources, in my opinion one of the sensitive issues is the limit of compensation for arbitrary dismissal.
In this regard, I consider that said cap should be raised from 12 to 18 salaries, in the case of workers belonging to the general labor regime, given that the process of reintegration into the labor market is more difficult for older people and also as a fair legal framework for workers who have been working for a company for more than 12 years and who are arbitrarily dismissed. Recall that currently the compensation for arbitrary dismissal in the case of workers belonging to the general labor regime is one and a half salary per year of services up to a ceiling of 12 salaries.
Knowing also the uncertain external economic and geopolitical panorama, the greatest risk to continue growing does not lie in my understanding in the problems of the current labor market, considered restrictive by some sectors, but in increasing productivity in our public and private organizations through modern tools administrative management, in the search for new markets for our products and in the diversification of our exportable offer, focusing on non-traditional products with higher added value, in order to be better prepared for the challenges of the current uncertain international context.
