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Labor Newsletter – April 2025

LABOR NEWSLETTER

REM CURRENT NEWS

Updated the reference amounts for the compensation of internet and electricity in teleworking.- Approved the new Annexes 1 and 2 of the Regulations of the Teleworking Law (Law No. 31572), which set the new amounts that employers must consider to compensate the costs of internet service and electricity consumption to teleworkers (Ministerial Resolution No. 053-2025-TR).

The Ministry of Labor and Employment Promotion (MTPE) created this registry in order to have information for statistical use and of an unnamed nature, of workers in the labor informality at national, regional, provincial and district levels (Ministerial Resolution No. 057-2025-TR).

INSPECTIONS

Wage discrimination confirmed, but penalty reduced due to deficiency in the inspector’s qualification.- The Labor Inspection Court (TFL) confirmed that the Company incurred in direct wage discrimination, since it was corroborated that it paid different remunerations to a group of workers occupying the same position, performing the same functions, and no relevant evidence was presented to prove the objective criteria to justify a difference in remuneration.

However, the TFL found that the inspector did not adequately justify the reason of “any other nature” that equates to the prohibited factor required for the configuration of the legal type of aggravated discrimination. Consequently, the TFL reduced the Company’s sanction and determined that the fine should be calculated based on the number of 2 workers affected and not the total payroll.

(Resolution N° 109-2025-SUNAFIL/TFL-First Chamber)

OCCUPATIONAL SAFETY AND HEALTH

The PETAR and the Continuous IPERC demonstrate the execution of an effective supervision.- This was stated by the TFL in a recent resolution in which it revoked the sanction against a company for not carrying out an effective supervision.

According to the authority, the company did comply with its supervision obligation by having a Written Permit for High Risk Work (PETAR) for the work performed by the worker at the time of the event, in addition to having a Continuous IPERC that specifically included the risks of such activity, a document that was signed by the worker involved.

Artificial intelligence and digital transformation on World Day for Safety and Health at Work.- On April 28, the World Day for Safety and Health at Work was commemorated which, on this occasion, emphasized occupational risk prevention measures in the face of new technologies and their real impact on the workplace.

The International Labor Organization (ILO) has recently issued a global report that develops the subject, identifying the incidence of new technologies at work and their impact on workers’ health, from the physical and mental point of view. It emphasizes that employers and workers must face this new reality by accepting its benefits and disadvantages, as well as adapting prevention measures to these new technologies in order to create safer work environments.

REMINDER OF THE MONTH

The MTPE has implemented the mandatory notification via electronic mailbox.- Employers must register with their user and password of SUNAT’s Clave Sol at the following link: https://casillaelectronica.trabajo.gob.pe/account/login?ReturnUrl=%2F.

Please note the following provisions:

  • Notifications are made from Monday to Friday from 8:00 am to 4:30 pm. Any notification outside these hours is considered to be notified the following business day.
  • The deposit of a notification generates an informative message that is communicated to the mail and number registered in the system (alert).
  • The notification is understood to have been made with the deposit of the document in the electronic mailbox.
  • The user must confirm receipt by means of the acknowledgement of receipt within 5 working days following the notification. If the user fails to do so, the notification is considered to have been validly made, and will be effective as of the first working day after the expiration of said period.
  • If any user is in a situation of exception to the electronic notification, it must communicate it within a term no longer than 2 business days and present the corresponding support.
  • Among others, users are obliged to keep their electronic mailbox data updated and to pay attention to the alerts regarding the deposit of the notification.