Non-working days in Metropolitan Lima and Constitutional Province of Callao.- On the occasion of the Asia-Pacific Economic Cooperation (APEC) Leaders’ Week, November 14, 15 and 16, 2024 have been declared as compensable non-working days for public and private sector workers in Metropolitan Lima and Callao (Supreme Decree No. 110-2024-PCM).
For the private sector, the hours not worked during the non-working days will be compensated according to the agreement between the employer and its workers. In the absence of agreement, the employer decides.
For further information, see the following link: Alerta Laboral – Octubre 2024 | Rodrigo Elias & Medrano
The attributions of the Ministry of Foreign Affairs in migratory matters are clarified.- The most important changes are the following:
The Ministry is the holder of the sanctioning power in migratory matters on the foreigner who has migratory quality issued by such entity (for example, of the migratory qualities of business or tourist), as well as the requests for change of migratory quality obtained through the Peruvian consulates abroad.
The penalties applicable by the Ministry of Foreign Affairs are fines (pecuniary infringement). This will be developed and specified in a subsequent regulation to be issued within 180 days.
It is an infraction conduct liable to fine, to remain in the national territory outside the term granted by the Ministry of Foreign Affairs, under the migratory qualities granted by this migratory authority.
(Legislative Decree No. 1687)
In order to attribute the infraction of employment discrimination, an analysis of the proportionality and reasonableness of the conduct must be carried out.- A company was initially sanctioned for employment discrimination, since the labor inspector determined that some of its workers were receiving lower amounts compared to others, despite having the same position and the same category.
The Labor Supervision Tribunal (“TFL”) declared the sanction null and void, stating that:
(Resolution N° 897-2024-SUNAFIL/TFL-First Chamber)
Annexes on Permissible Limit Values for Chemical Agents in the Workplace were updated through Ministerial Resolution No. 733-2024-MINSA, which updated the annexes of the Regulation on Permissible Limit Values for Chemical Agents in the Work Environment, approved by Supreme Decree No. 015-2005-SA (“DS 015”).
The update includes the incorporation of new ordinary chemical agents, carcinogenic chemical agents and those whose contact must be avoided according to annexes I, II and III of DS 015, respectively. It should be recalled that the permissible limit values are an estimate of the concentration of chemical agents in the workplace that must be respected and monitored by employers in order to guarantee occupational health and safety.
The generic determination of an employer’s infringing conduct does not imply the existence of a fully established causal link for the employer to be held liable for an occupational accident.- The Labor Supervision Tribunal (“TFL”) revoked the sanction imposed on a company for non-compliance with occupational health and safety regulations.
The company was initially sanctioned for an omission, which allegedly caused a worker’s accident (sprained foot) while polishing metal surfaces. However, a thorough analysis of the company’s IPERC matrix was not carried out to determine whether workplace hazards and risks were fully identified.
Thus, the TFL verified that in previous instances there was no comprehensive analysis of the preventive controls established in the IPERC matrix (training), and therefore concluded that the determination was general and that there was a lack of evaluation of the evidence presented by the company. Thus, the TFL annulled the sanction, since it considered that the causal link was not determined (Resolution No. 875-2024-SUNAFIL/TFL-First Chamber).
Letters from SUNAFIL requesting information on facilities for workers on the occasion of transport workers’ stoppages. In line with communications from the Ministry of Labor and Employment Promotion, urging employers to adopt flexible measures (such as prioritizing teleworking, having tolerance to income, compensating for delay time, etc.) due to the difficulties that workers might have to commute due to the transport workers’ strike in Lima and Callao, SUNAFIL has sent mass letters to employers, requesting information on the attendance of workers on the dates of the strikes. It is foreseeable that if the transportation stoppages continue to occur, they will continue to urge employers to adopt flexibilities and accredit them before SUNAFIL.
