We’ve been covering the case of the Peruvian group AJEPER
-later renamed
AJEGROUP-
for some time now, but it might be useful to recall a few
facts:
In Peru, the group has gained 20 percent of the
domestic soft drink market, owns eight plants and has just
opened a new one in Lima where it will produce beer,
launched under the name brand Franca. It also
operates in Costa Rica, Ecuador,
Guatemala, Mexico, Nicaragua, Venezuela
and Thailand. Its most famous brands are Kola Real,
Big Cola, and Big Chela beer in Mexico.
AJEGROUP
likes to present itself as a successful example of a family
business -it’s owned by the Añaños family-, capable
of competing with global brands of soft drinks and of
becoming a thriving transnational corporation. But, as we
will see below, this is not the same as saying that it is an
exemplary employer.
Last October, AJEPER workers obtained the recognition
of their union’s Governing Committee from the Ministry of
Labor of Peru for the 2007-2009 period. Spurred by growing
labor problems in this bottling plant, the Union of
Workers of Embotelladora San Miguel del Sur S.A.C.
renewed activities. This plant is located in Arequipa, a
mountain city close to Ayacucho, the Añañoses’
hometown. Union members contacted the IUF’s Latin
American division, Rel-UITA. to denounce the company’
violation of certain basic labor rights, such as the weekly
rest break and the maximum working day. What’s worst, they
say, is that most workers are paid minimum wage. Apparently,
when it comes to exploiting workers, the Añaños have
no qualms about abusing their own “paisanos” (fellow
countrymen).
Since they only earn the legally established minimum wage,
as a way of increasing their monthly income, workers began
working twelve hours or more a day, including Sundays. The
result has been that working overtime and during the weekly
rest day has become mandatory. If workers decide not to do
overtime or they want to enjoy their rest day, management
threatens not to give them any more overtime or work on
Sundays. The Union demands that this system of exploitation
be ended through collective bargaining.
The Union also brought up the case of its members Mauro
Quispe Choque and Wilfredo Rolando Valdivia Tito,
who chose not to work on a Sunday and were penalized with a
transfer from their usual place of work, where they
performed technical tasks, to another site where they now
perform manual tasks carrying loads. The Constitutional
Court that heard their case determined that a reduction in
job category, like in this situation, goes against the
principle of rationality, the very dignity of the human
person, and the right to free development and social
welfare.
As if all this were not enough, Union members also denounce
that the company, aware that the Union has become active
again and has increased its membership, started intimidating
and threatening workers with the aim of forcing them to
leave the Union.
This is not the first time that the AJEPER group has
violated Peruvian laws and the ILO Conventions ratified by
the country. In February 2005, when the National Union of
Workers of AJEPER S.A. was formed in the city of Lima,
the company succeeded in firing all the workers, thus
dissolving the Union. Some thirty lawsuits are currently
pending against this, but none of the laid off workers have
been reinstated.
Rel-UITA
approached Mr. Jorge Rolando Añaños Jeri, CEO of
Embotelladora San Miguel del Sur S.A.C., to express,
among other things, the following: The IUF, along
with its 373 affiliates from 122 country, wishes to inform
you that the Union of Workers of San Miguel del Sur S.A.C.
has our full international support, and we will remain in
permanent alert, monitoring the situation at this plant
until the company stops persecuting and penalizing workers
and begins to honor their labor and human rights, starting
with the right to unionize and to work only the maximum
hours established by law, and quickly establishes the
necessary conditions for rational bargaining.