Legislation is a task that requires a deep knowledge of social reality, but above all an evaluation a priori, responsible and transparent for the immediate effects produced by legislative initiatives, even greater at this juncture of pandemic and crisis in a large sector of the national economy.
Apparently, little or nothing has been taken into account when drafting Law 5039: Labor Continuity Law during the declaration of health emergency produced by COVID-19 and up to 30 business days after. This is intended to curb business decisions related to employment contracts.
Initiatives such as the proposal may seem at a time highly beneficial for formal workers but in practice they generate exactly the opposite effect, and may even contribute – in times of coronavirus – to a systemic breakdown of our economy and worse still, contrary to the economic regime of our Constitution.
The effects of the national and global emergency situation have been felt since the first days of March, companies from different sectors of the national economy are reinventing themselves at this juncture, relying on free private initiative, freedom of work, freedom contractual and legal stability that promote adaptation and future generation even new jobs.
It is counterproductive to stop, closing our eyes to a reality, putting ties to companies to condemn them to die, closing the possibilities of making decisions that promote reactivating the economy in the future and creating jobs, even in better conditions for workers.
Measures such as the one proposed by FREPAP in the short term can generate massive layoffs, which as an extreme measure will surely be adopted by small, medium and large companies, in an effort to anticipate the freezing of labor contracts and what is worse, a call to the informality of various sectors.
Congressmen, it is a reality that the economy is being seriously affected and what we need are innovative legislative formulas that will allow us to overcome this crisis and for Peru to once again move towards economic growth.
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