Read the Initial Assessment published by the Peruvian NCP 19 April 2021: Spanish
Read the Final Statement published by the Peruvian NCP 9 November 2021: English
Read the closing note published by the NCP: English
On 24 July 2020, former workers of Avianca Peru in Liquidation submitted a specific instance to the Peruvian NCP alleging that Avianca Perú S.A. en Liquidación and its parent company Avianca Holdings S.A had not observed the Concepts and Principles (Chapter I), Human Rights (Chapter IV), and Employment and Industrial Relations (Chapter V) provisions of the Guidelines. The submitters alleged that, as a result of the decisions adopted by Avianca Peru S.A. under Liquidation and its parent company Avianca Holdings S.A. in relation to the beginning of the liquidation process of Avianca S.A. under Liquidation, the human rights and employment and labour relations of the former employees had been violated.
Specifically, issues concerned allegations of damage to workers’ right to work, right to protection against unemployment, and right to labour stability, causing loss of economic income. The submitters further alleged that they had been affected by the concealment of information on decision making related to the liquidation, and were unable to propose protection measures against the related pending unemployment.
The NCP published an initial assessment on 19 April 2021 deciding that the specific instance warranted further examination concerning Chapters I and V of the Guidelines. The Peruvian NCP sent an offer of good offices to the parties involved but did not hear back from the companies.
On 9 November 2021, the NCP published a final statement concluding the specific instance without agreement between the parties. The NCP determined that, in relation to a failure to communicate and the eventual liquidation process, the companies had not observed Chapter V of the Guidelines.
The NCP did not issue recommendations and does not plan to conduct a follow up.