A union is an association made by the workers of a company with the aim of defending the labor, economic and professional interests of the workers.
Requirements to Form a Union
In order for the State and the regulatory bodies of the unions to admit the association as a legal entity, a the following documents to the direction of the General Confederation of Workers of Peru.
- Formal request addressed to the CGTP.
- Minutes of the constitutive assembly of the union that you want to form.
- The statutes established by the members, advised and verified by a lawyer.
- List of founding members and other people that make up the union. In which the full names of those belonging and the identity document number of each one are described.
How to Form a Union in Peru
To create a union workers must comply with a series of rules established by Peruvian laws and local uses that previously establish the tradition of unions.
Once the union is satisfied with the aforementioned requirements, the associates should go to the General Confederation of Workers of Peru (CGTP) to obtain free and adequate advice where they will explain all the necessary procedures for the formation of a good union.
The CGTP office in Lima It is located in Plaza 2 de Mayo, organization department.
This is in charge of:
- Determine the type of union to be created.
- Accredit a minimum number of 20 members who must belong to the permanent payroll of the company for which the union is formed.
- Constituting itself in an assembly and forming a board of directors that adopts a name that describes its functions.
- Have a series of statutes that regulate their functions and activities.
What is a Union?
A union is an association made by the workers of a company with the aim of defending the labor, economic and professional interests of the workers.
The constitution of the Republic of Peru recognizes union freedom, which describes the right of company workers to belong to a union.
Types of Unions
- Business Unions: It is made up of the workers of a company that provide services to the same employer.
- Industry unions or branch of activity: These unions are made up of workers from different trades and professions but who serve a branch of the economy or the business movement at the national level.
- Guild Unions: It is made up of workers who have the same profession or trade but regardless of the economic activity carried out by their bosses.
- Unions of Various Trades: made up of professional citizens or those who exercise a trade and who are employees of people who carry out various economic activities.
Union Statutes
union statutes are carried out by the members of the formed associations, since they are norms, regulations and ordinances that only govern said union.
These internal statutes describe the functions of each union member, as well as their rights and obligations within this organization.
Said statutes must specify the denomination that distinguishes it from the others, the domicile, the objectives, the conditions for admission of members, the reasons and procedures for the expulsion of members who do not comply with the provisions of said statutes, as well as the form to convene an assembly, among other things.
How to Register a Union
The Ministry of Labor and Employment Promotion established a registration procedure in the union registry of the Republic of Peru.
The registration of the association before the Administrative Labor Authority is done to make itself known publicly since the formation of the unions is carried out by the will of its members, which specifies that the union is not established by the will of any state entity.
Union registration is a formal and constitutive act.
The registration of the association will be carried out automatically once the registration of the application is made in the form of an «affidavit».
Unions, once they register, may also register in the registry of associations for civil purposes.
The documents to be submitted by the organization to formalize the Union registration are the following:
- Minutes of the general assembly where the constitution of the union is specified.
- Name of the association that distinguishes it from the rest of the unions.
- List of affiliates with the name and identification document number of each one of the members.
- List of the elected board and the organization of the affiliates (if it were a federation or confederation).
This article may interest you: «Procedures and Requirements to Form a Company in Peru»
Frequent questions
What is the Union Book?
In this book all established statutes are specified by the union, the documents that describe its activity, its registration with the regulatory bodies. This is done in order to have a guarantee of the constitution of the association.
How are union elections?
The call to the electoral committee is made by the board of directors of the union 60 days before the end of the period of that board. The delivery of the charges will be made within a maximum period of 15 days after the election.
The counting of the votes will be made publicly once the voting is finished and when all the members have exercised their right to vote, on the same day of the elections, in addition the final procedure is carried out immediately after the end of the elections.
What is the Union Registry?
union register It is the formal act subsequent to the constitution of the association. Through which the administrative labor assembly registers the union in the corresponding registry that allows its legal formation, according to Peruvian laws.
What is the document issued by the administrative entity once the association presents the necessary documents for the Union Registry?
A registration certificate is issued to the system.
What is the purpose of the Union Registry?
The main purpose of the record is to grant trade union organizations union and legal status. With the duty conferred by that title to comply with laws and ordinances for the benefits of associates.
Who can establish or form a Workers Union?
According to the law, the workers’ union can be formed by people over 15 years of age. Employees who do not have a position of trust and who do not hold any other administrative position.
The unions are constituted and remain in exercise by reason of the associates and for the benefit of them. Compliance with what is described in this document guarantees good management, in accordance with the laws.
Then, Are you going to form a union within your company? Don’t forget to take into account all Procedures and Requirements to Form a Union in Peru.
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