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Peruvian Court Admits Union Challenge to Petroperú Restructuring Decree

The admission launches a constitutional review that could pause executive plans to shift control to ProInversión and alter labor protections for Petroperú staff.

Overview

  • The Quinto Juzgado Constitucional de Lima admitted Fenpetrol’s acción de amparo on May 21, 2026, and ordered formal notice to the government bodies and Petroperú named in the suit.
  • The federation sued the PCM, MEF, Minem, ProInversión and Petroperú seeking that Decreto de Urgencia 010-2025 be declared inapplicable for its members and that any dismissals, reorganizations or privatization measures be suspended.
  • Union complaints say the decree transfers key company decisions to ProInversión and enables a ‘plan vinculante’ that contemplates private participation in strategic assets such as the Talara refinery, the Norperuano pipeline and Petroperú’s commercial network.
  • Fenpetrol argues staff costs do not justify wide restructuring, citing a 2025 payroll of US$128 million (about 3.77% of reported revenues), and it alleges irregular outside consultancies linked to the reorganization, including work by private firms like Deloitte.
  • The court set a single virtual oral hearing for October 5, 2026, and the admission means the case will be examined on the merits but does not decide whether the decree is unconstitutional; outcomes could delay or reshape the government’s reform plan and affect workers’ job security.