Finding ourselves 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 one aspect of the problem of labor cost overruns and workers' rights, I am going to take as a reference an issue that in many countries of the world has generated controversy, overtime to the working day and for this I am going to analyze a proposal on the subject in Peru.
Recently, Congressman Glider Ushñahua of the Fuerza Popular party has presented a bill in the Congress of the Republic that proposes to put a monthly cap on work outside of traditional hours, modifying Law 27671, Law on Working Hours, Hours and Overtime Work.
This bill proposes to put a monthly cap on work outside the traditional schedule, in this way the overtime that a Peruvian worker can present may no longer be unlimited, because according to this bill the average overtime hours that a worker per month may not exceed the hours worked per week, that is, 48 hours.
Also, the change will not only affect workers, since more serious administrative sanctions are also contemplated for companies whose employees exceed the monthly limits, since it could be presumed that overtime is imposed and not voluntary.
In such a way that imposing overtime could be a crime, an administrative sanction from the National Superintendence of Labor Inspection (SUNAFIL) and also a cost for the employer. In addition, the overtime no longer goes from 25% or 35% (of the hour), otherwise it would cost 100%.
In this regard, I must express that I do not agree with setting a monthly cap on workers' overtime, given that the nature of these is fortuitous and unexpected and depends on the dynamics of the activity at work, also although this This measure could reduce cost overruns for companies, care must be taken to limit the use of overtime, given that many Peruvian workers perform work voluntarily due to the need to obtain more income in coordination with their employer.
In any case, if you want to benefit the worker, what you should do is put a limit on overtime per day, in order to safeguard the physical or mental wear and tear of the worker, which can affect the health of the same and therefore harm to the company itself.
