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Labor Alert – October 2019

ALERT – LABOR

In november, the election process starts to establish the occupational safety and health committee of mining companies

Holders of mining activity permits having employed 20 or more employees per each Mining Unit or Production Unit must establish its Occupational Safety and Health Committee (CSSO). The company appoints its representatives among directors and confidential personnel while employees choose them through a 5-phase proceedure:

– Proposals: Interested employees propose themselves or other coworkers to be members of the Committee.

– Candidate nominations: It should be made 15 business days before call for elections. Legal requirements are: i) Be an employee with a contract in effect; ii) Be on the company’s payroll with a minimum 1 year employment; and iii) Be over 18 years old.

– Call for elections: Elections are called by the union or, otherwise the company, in each november and through an Electoral Board. Call for elections is published in an internal mass media and in visible places of the Mining Unit or Production Unit.

– Voting or polls: Elections are democratic and held by secret and direct voting. Employees exercise their right to vote in designated polling places and must provide evidence by proof of signature and fingerprint in the electoral roll before inserting their ballots into the ballot box.

– Opening and call to order: CSSO shall be convened within the first 10 days of January. The CSSO meeting shall be called to order by the holder of mining activity permits; as well as minutes have to be taken. The meeting must be adjourned.

ELECTIONS PROCESS FOR EMPLOYEE’S REPRESENTATIVES BEFORE CSSO

It is important to remember that not having a CSSO or not appointing the pertinent representatives are considered a serious infraction with a penalty amounting to S/94,500.00 being imposed by the National Superintendency of Labor Control (SUNAFIL).