Today, 10 August 2023, Resolution Nº 0383-2023/SEL-INDECOPI was published in the Official Gazette "El Peruano", ruling that Article 36 of Supreme Decree Nº 009-97-SA, Regulation of the Law of Modernization of Social Security in Health, contains an illegal bureaucratic barrier.
This was stipulated in Article 8.2 of Legislative Decree Nº 1499, which temporarily suspended some occupational safety and health obligations due to the Health Emergency (ES).
Law Nº 31828 grants various benefits to young entrepreneurs (aged 18 or over and not older than 29) and private sector companies that hire young people as of 1 January 2024.
New holiday - June 7 was declared as a holiday to commemorate the Battle of Arica and the Flag Day.
Agro-industrial activities included in Law 31110, of the Agrarian Labor and Incentive Regime for the agricultural and irrigation, agro-export and agro-industrial sector are determined.
The regulation establishes provisions for the prevention, intervention and control of diabetes at the national level, as well as some directed to employers (Supreme Decree No. 008-2023-SA).
Employers must comply with the new telework rules by April 28.
Minimum pensions and voluntary contributions.
R.M. Nº 031-2023/MINSA ("RM 031") was published, which approves a new administrative directive for the surveillance, prevention and control of workers' health against COVID-19.
The value of the UIT during the year 2023 shall be S/ 4,950.00.
Law Nº 31632 establishes some rules regarding the compensation of accrued paid leave accumulated by workers in the context of the COVID-19 pandemic.
Modification of the standard that regulates the payment of the family allowance.- In addition to the previously regulated cases, workers with one or more children over 18 years of age, with severe disability, duly certified, are also entitled to receive the family allowance (Law Nº 31600).
The National State of Emergency is lifted.- Likewise, Supreme Decree 130-2022-PCM has provided that the National Government, Regional Governments and Local Governments will promote the optional use of masks, vaccination against COVID-19 and other measures related to the Health Emergency (current until February 25, 2023).
The National State of Emergency was extended until October 31, 2022. Also, the scope of the mandatory use of masks was reduced to: health establishments, vehicles for land transportation of people and closed spaces without ventilation, as well as to any person with respiratory symptoms.
The State of National Emergency was extended until September 30, 2022, and the Health Emergency was extended for a period of 180 calendar days from August 29, 2022.
Extension of the State of Emergency.- The State of National Emergency was extended until August 28, 2022.
The National State of Emergency was extended until June 30, 2022.
Extension of the State of Emergency.- The National State of Emergency was extended until May 31, 2022. Increase of the Minimum Living Wage (RMV).- From May 1, 2022, the minimum living wage was increased from S/.930.00 to S/.1,025.00. This increase has an impact on the following items:
The value of the UIT during the year 2023 shall be S/ 4,950.00.
The following days were declared as non-working days in the public sector: October 11, November 2, December 24, 27 and 31, 2021, and January 3, 2022. The private sector may also grant non-working days, subject to an agreement establishing how the compensation of hours shall be made (although, in the absence of an agreement, the employer shall decide).
Extension of the State of Emergency.- The State of National Emergency was extended until October 31, 2021, with the corresponding restrictive measures.
Extension of the State of Emergency and Health Emergency.- The State of National Emergency was extended until September 30, 2021, and the Health Emergency was extended from September 3, 2021 for a term of 180 days.
Extension of the State of Emergency and restrictions. - The National State of Emergency was extended until August 31, 2021, and the restrictions applicable to each region were defined, depending on the level of alert.
Extension of the State of Emergency and restrictions.- The National State of Emergency was extended until May 31, 2021, and the restrictions applicable to each region were defined, depending on the level of alert, until May 9, 2021.
Extension of the State of Emergency and restrictions.- The National State of Emergency was extended until May 31, 2021, and the restrictions applicable to each region were defined, depending on the level of alert, until May 9, 2021.
Extension of the State of Emergency and new restrictions.- The State of National Emergency was extended until March 31, 2021 and new restrictions were established depending on the level of alert of each region, valid from March 1 to March 14, 2021. Some of these restrictions are summarized below.
On Friday, January 29, D.S No. 001-2021-TR was published amending several articles of the Regulations of Law No. 29783, Occupational Safety and Health Law.
Extension of the State of Emergency and new restrictions.- The State of National Emergency was extended until February 28, 2021 and new restrictions were established depending on the level of alert of each region, valid from January 31 to February 14, 2021. Some of these restrictions are summarized below.
Extension of the State of National Emergency.- The State of National Emergency was extended until January 31, 2021.
Extension of the State of National Emergency and the Health Emergency.- The State of National Emergency was extended for the month of December 2020, and the Health Emergency as of from December 7, 2020 for a period of 90 calendar days.
Extension of the State of National Emergency.- The State of National Emergency was extended until November 30, 2020...
Extension of the State of National Emergency.- The State of National Emergency was extended until October 31, 2020....
Extension of the State of National Emergency and the Health Emergency...
REM CURRENT NEWS
On July 11, 2020, SUNAFIL published the new version of the “Protocol on the exercise of labor inspection,...
Labor measures related to COVID-19.- The main measures ordered by the Government are the following...
Resumption of deadlines and electronic notification from SUNAFIL.
Additional provisions are established with regard to the Monitoring, Prevention and Control Plan of Covid-19 at work.
New labor measures in the framework of the Health Emergency and of a permanent nature.
Labor measures related to COVID-19.
Labor measures related to COVID-19.- The main measures ordered by the Government are the following...
Labor measures related to COVID-19.- The main measures established by the Government are the following:
Provisions that establish exceptional and temporary measures to prevent the spread of Coronavirus (COVID-19) are developed
Implement labor supplementary measures to reduce the impact of COVID-19
Exceptional labor measures to prevent the spread of Coronavirus (COVID-19) and declaration of state of emergency.
New "Guide for the prevention of coronavirus (COVID-19) in the workplace".
Amendments to the Regulations of the General Labor Inspection Act.- The main amendments to the labor inspection regulations are as follows:
“Vida Ley” Life Insurance.- Employers must hire a “Vida Ley” life insurance for all their workers, regardless of their seniority, from February 11, 2020.
New guideline for the use of video surveillance cameras.
Directive for the use of surveillance cameras
Minimum requirements for the development of the hazard identification matrix, risk assessment and control measures (IPERC) are established.
New measures to strengthen the protection of safety and life of workers.- The main changes set forth in Supreme Decree N° 044-2019 (“DU”) are the following:
Virtual platform enablement for mandatorily giving notice in matters of sexual harassment. The platform on the link below must be used by employers:
New Control Protocol for Sexual Harassment.- The Protocol contains the guidelines that SUNAFIL must follow in case of complaints of sexual harassment. The main novelties are the following:
In november, the election process starts to establish the occupational safety and health committee of mining companies
Orientation and Accompaniment Service is created in cases of sexual harassment “Work without Harassment”.- Guidelines were issued through this service and the Ministry of Labour and Employment Promotion offers the following:
New regulations on granting social benefits. The Regulation on Granting and Payment of Social Benefits of Act No. 26870 has been approved in order to regulate, simplify and standardize granting
New obligations regarding sexual harassment by employers.-
Employers’ new obligations in matters of sexual harassment
New international standard to combat violence and harassment at work. The International Labour Organization adopted a new Convention and Recommendation
New Protocol that regulates the control of compliance with equal play obligations.
Termination Certificate for CTS severance pay withdrawal. If the employer does not issue the Termination Certificate, it will be issued by the Labor
Several administrative procedures of the Ministry of Labor and Employment Promotion (MTPE) are simplified and removed. Main procedures having been removed from Consolidated Text of Administrative Procedures (TUPA) pursuant to Ministerial Order No. 107-2019-TR are the following:
Draft of Sexual Harassment Prevention and Sanction Law Regulation The most relevant amendment proposals are as follows...
New regulations on vacation advancement and fractionation.- The Supreme Decree No. 002-2019-TR contains the following news:
(i) Vacation in advance: It must be agreed previously and in writing. Vacation in advance must be compensated with those that are acquired when the respective record is completed or with incomplete vacation generated upon termination of the employment relationship.
New directive version on the labor complaints service is approved.- Through Superintendency Resolution No. 045-2019-SUNAFIL, published on January 26, the Resolution approving Directive No. 003-2017-SUNAFIL/INII (Directive regulating the issuance of the worker's termination certificate) is canceled and the second version of Directive No. 002-2017-SUNAFIL/INII, called “Labor Complaint Service” is approved.
“It is a great team, very serious and although it is quite cautious with the analysis of the regulations that can be issued, it always provides the best possible solutions to the company to avoid contingencies and to continue with the operation of the company, adapting it in the best way possible.” (The Legal 500, […]
Ministerial Resolution Nº 633-2023/MINSA approved the new Single National List of Essential Medicines (PNUME) for the Health Sector and repealed the previous one, approved by Ministerial Resolution Nº. 1361-2018/MINSA.
By means of Supreme Decree Nº 017-2023-SA, Articles 8.3 and 8.5 of the Manual of Advertising Warnings were modified within the framework of the provisions of Law Nº 30021, Law for the Promotion of Healthy Eating for Children and Adolescents.
Law No. 31828, published on July 12, 2023, provides for various benefits to encourage the creation of jobs for young people.
CLOSURES AND AUTHORIZATIONS I. REPRODUCTIVE CLOSURE OF THE RESOURCE “RAINBOW TROUT” IN THE DEPARTMENT OF HUANCAVELICA IS ESTABLISHED By means of Ministerial Resolution Nº 175-2023-PRODUCE, published in an extraordinary edition of the Official Gazette “El Peruano” on May 24, 2023, the reproductive ban of the resource “rainbow trout” in the high Andean water bodies […]
On March 31, 2023 PROINVERSION announced the re-launching of the public tender for the award of the concession of the Longitudinal Highway of the Highlands - Section 4 ("Project").
Legislative Decree Nº 1548, published on April 16, 2023, amends Article 76 of the IGV Law in order to make this procedure more flexible.
Supreme Decree No. 004-2023-SA approved a new regulation on cannabis for medicinal use that provides new opportunities for those interested in this market.
PRACTICES Criminal Economic and Corporate Criminal Law Criminal Litigation Mirella Romero specializes in criminal law, economic criminal law and criminal procedural law. Her experience includes legal advice related to preventive consulting and conflict resolution of criminal and criminal procedural nature, linked to corporate and business activity. Likewise, Mirella focuses on the elaboration of procedural […]
Ministerial Resolution Nº 945-2022/MINSA adopted the Complementary List of Medicines for the Treatment of Neoplastic Diseases to the Single National List of Essential Medicines for the Health Sector.
Ministerial Resolution Nº 863-2022/MINSA publishes the draft Technical Document: Single National Request for Essential Medicines for the Health Sector on the website https://participacionciudadanapnume.minsa.gob.pe for a period of 60 calendar days in order to receive the opinions of citizens and institutions.
Ministerial Resolution Nº 735-2022/MINSA publishes the draft "List of Abbreviated Designations of Pharmaceutical Products and their classification for Standard Health Data Identification Nº 002".
Supreme Decree Nº 108-2022-PCM extended the State of National Emergency until September 30, 2022.
Specific Procedure "Physical examination - extraction and analysis of samples" DESPA-PE.00.03 (version 4) is adopted.
MINSA establishes that the identification and signage of health facilities at the first level of care with cultural relevance -which have indigenous, Amazonian, Andean and/or Afro-descendant populations within their scope- must have colors, pictograms and cultural characteristics particular to these populations.
New provisions on the sending of electronic invoices and the expiration of monthly tax obligations.
PRACTICES Litigation Constitutional Arbitration Roberto Ganoza specializes in judicial and arbitration dispute resolution. He counsels domestic and foreign companies on civil, commercial, constitutional and administrative litigation. He has extensive experience in the design and elaboration of legal strategies in these areas. Roberto also participates in negotiations, conciliations and judicial and extrajudicial transactions for the resolution […]
It is provided that the Electronic Health Record Information Systems whose ownership is exercised by the MINSA shall be called Electronic Health Record Information Systems - SIHCE of the MINSA.
“We have been very happy with the service provided by Rodrigo, Elías & Medrano Abogados. They offer in-depth, detailed and timely advice on some of the most complex cases in the market.” (Chambers & Partners Latin America, 2023: Competition and Antitrust) We provide advice on matters related to the prior control regime for business […]
Through Supreme Decree Nº 156-2021-PCM the government clarified that passengers entering Peru must have a molecular test with a result date no more than 72 hours before boarding from their point of origin. It is not mandatory to present a vaccination card or certificate.
The Ministry of Health officially launched the National Registry of Medicinal Oxygen - Renoxi Peru, which allows to know the stock and consumption of medicinal oxygen reported by public, private or mixed Health Service Provider Institutions (IPRESS) throughout the country. Renoxi Peru was created in compliance with Law Nº 31113 that regulates, authorizes, ensures and guarantees the use of medicinal oxygen in health facilities.
The Ministry of Health (Minsa) adopted Health Directive Nº 134-MINSA/2021-INS (Ministerial Resolution Nº 804-2021-MINSA) that establishes specific provisions for the use and application of rapid tests for the detection of SARS-CoV-2 virus antigens.
Through Resolution N° 178-2021-OS/CD ("Resolution"), published on July 15, 2021, in the Official Gazette "El Peruano", the "Procedure for the Elaboration of Tariff Studies on Regulated Aspects of Natural Gas Distribution
The new "National Directive of Internal Order for the protection of National Critical Assets - ACN" is published
By Ministerial Resolution Nº 00144-2021-PRODUCE, published in the Official Gazette "El Peruano" on May 21, 2021, exceptionally authorizes the extraction, transfer and supply for aquaculture purposes of 2.5 tons of specimens smaller than 65 mm in valvar height of the shellfish resource (Argopecten purpuratus), in the marine area where this resource is distributed, off the coast of the Constitutional Province of Callao and on the southeast side of San Lorenzo Island.
On June 26, 2021, the Ministry of Economy and Finance - MEF published in the Official Gazette "El Peruano" the Supreme Decree Nº 162-2021-EF (hereinafter, the "Supreme Decree"), whereby it amends the rules contained in the Regulations of the State Procurement Law, adopted by Supreme Decree Nº 344-2018-EF (hereinafter, the "Regulations").
Exceptionally authorize the extraction, transfer and supply of shellfish resource for aquaculture purposes and adopt other provisions
Guidelines and technical provisions for the elaboration of Safety Risks Studies and Response Plans
Extension of deadlines for fulfilment of tax liabilities in departments with extreme and very high alert level is established.- Superintendence Resolution N° 016-2021/SUNAT, published on February 2, 2021, new due dates for certain tax liabilities are established...
PRACTICES Civil Litigation Arbitration Jack Zapata specializes on alternative dispute resolution methods, such as arbitration, dispute adjudication boards and conciliation, as well as giving legal advice in construction law matters. His practice is focused on preparation of construction contracts (EPC, EPCM, ECM), and in the contract management of infrastructure projects executed under standardized contracts models, such […]
Supreme Decree No. 002-2021-SA adopted the regulation for granting conditional health record of the COVID-19 vaccine with phase III clinical trials with preliminary results. The General Directorate of Medicines, Supplies and Drugs (Digemid) has a maximum period of 3 months to grant the aforementioned record. The conditional health record is valid for one year and may be renewed 4 times.
Safety provisions related to Risk Studies and Contingency Plans are amended and complementary measures are established.
