Team size: Three

What has been the number one challenge that has impacted you over the past year?

One of the biggest challenges of CONFIEP’s legal team, in 2022, was the two requests for urgent interventions by the International Labour Organization (ILO).

On February of 2022, the Peruvian government amended part of the regulations of labour outsourcing services through the Supreme Decree 001-2022-TR. Said amendments limited outsourcing scenarios by introducing the concept of “core business”. Also, in July 2022, Supreme Decree 014-2022-TR was published, amending the regulation of the law on collective labour relations.

Both of the above-mentioned regulations implied violations and non-respect for social dialogue. With them, the Peruvian government undermined the institutionality of the country’s tripartite body, the National Council for Labour and Employment Promotion (CNTPE). It also ignored social dialogue by unilaterally and arbitrarily regulating matters contained in ILO conventions 87 and 98, in which the Peruvian State committed to submit to tripartite dialogue. Beyond such commitment, the fundamental nature of these conventions presents social dialogue as mandatory; therefore, convention 144 was also violated.

In such sense, as an employers’ and business member organisation and representative of ILO, CONFIEP was compelled to request the urgent intervention of the ILO in both cases (at the opportunity the regulations were published).

As the social dialogue and consultation with organisations of employers and workers for the preparation and development of legislation on collective labour relations is highly crucial and the non-compliance of the convention 87 was very serious, due to the efforts of CONFIEP’s legal team, the non-compliance of the convention 87 by Peru’s government was successfully considered at the definitive list (“short list”) of the individual cases to be examined by the committee on the application of standards at the 111th session of the International Labour Conference, which is taking place in Geneva, from June 5th to 16th.

It is important to mention that every year I am part of the Peru’s employer’s delegation that travels to Geneva to represent the employers’ members. This year the members will play a special role due to the defence of Peru’s case before the committee on the application of standards.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?

Soon, several technological advancements are likely to have a profound impact on in-house legal teams’ role. One of them is the implementation of artificial intelligence (AI) in legal operations. AI-powered tools can streamline legal research, contract analysis, and due diligence processes, saving valuable time and resources for in-house lawyers. Additionally, predictive analytics based on AI algorithms can help assess legal risks, optimise decision-making, and forecast outcomes, enabling legal teams to provide more strategic advice to their organisations.

Another significant advancement is the automatisation of repetitive tasks through legal tech solutions. Document automation, e-discovery tools, and contract management platforms can enhance efficiency and reduce human error.

In such sense, it is crucial for in-house legal teams to adapt by acquiring new skills in areas such as AI, data privacy, and legal tech. By embracing these, in-house legal teams can enhance their effectiveness, deliver more value to their organisations, and better navigate the complex legal landscape of the future.

What is a cause, business related or otherwise, that you care about, and why?

As legal manager of CONFIEP, I could say that one of my major interests is the contribution we can address to reduce the over-regulation Peru has. In fact, at CONFIEP we believe quality regulations can contribute to increase productivity and inclusive growth. However, most of the times the laws approved by the Congress, or the regulations issued by the executive miss out that this kind of over-regulation, especially for foreign or national investment, jeopardises the develop we have as a country. In such sense, I believe that lightening the administrative burden for start-ups and enterprises will have a direct impact at social wellness and productivity growth.