Labor Newsletter – January 2020

REM CURRENT NEWS

New guideline for the use of video surveillance cameras.- For more information, see the following link.

Email notification for electronic box will be implemented in administrative procedures and actions of SUNAFIL.- SUNAFIL must implement the Electronic Notification Computer System, through which users will be assigned electronic boxes (mandatory digital address) to which administrative actions and acts of SUNAFIL can be notified, such as inspection measures, report of inspection actions, resolutions, among others.

REM CASE LAW

Moving from summer time to regular working hours could mean an extension of the working day subject to overtime pay.- The Supreme Court has concluded that returning to regular working hours, after the end of the summer time period implemented without any regulation, implies an extension of the working day. So the worker will be entitled to the payment of overtime and its collaterals. (Labour Cassation No. 11188-2017 Callao).

INSPECTIONS

SUNAFIL adopted new regulatory criteria.- Through Superintendence Resolutions N°358-2019-SUNAFIL and 016-2020-SUNAFIL, seven new criteria applicable to labour inspection procedures have been adopted:

1. Consortia: consortia inspections must be carried out by means of specific inspection orders by each consortium, provided that they are identified. Otherwise, a generic inspection order may be generated.
2. Board of owners: in the event of complaints against a board of owners, a specific inspection order must be issued to the members of the board, provided that they are identified. Otherwise, a generic inspection order will be issued until they are identified during the inspection proceedings.
3. Work Accident Registration: Failure to implement the register constitutes a permanent infraction.
4. Deposit of the CTS: Failure to deposit the CTS determines the commission of the infraction regulated in art. 24.5 of the Regulations of the General Labour Inspection Act (RLGIT), while the lack of direct payment of the benefit to the worker constitutes the infraction defined in numeral 24.4 of the RLGIT.
5. Proof of the fulfilment of economic obligations: the payment of the labour economic obligations is evidenced by any means of proof, without prejudice to proof by that the employer demonstrates compliance with labour ancillary obligations, by physical or computer means.
6. Contest of infractions: failure to pay remuneration and to hand over payment slips, for the same period, generates a contest of infractions. In this case, the infraction shall only be considered for non-payment of the remuneration in order to determine the fine to be imposed.
7. Internal Regulations for Safety and Health at Work (RISST): not having this document determines the commission of the very serious infraction classified in art. 28.9 of the RLGIT.

SECURITY AND HEALTH AT WORK

Failure to meet the deadlines for the creation of the Occupational Health and Safety Committee is comparable to not having said body.- SUNAFIL sanctioned a construction company with a fine greater than S/.20,000.00, for breaching the term of 15 working days required to mediate between the nomination of candidates for the Committee on Safety and Health at Work (CSST) and the call for elections.

Although the company carried out the procedure for the election of the representatives of the workers before the CSST, it did not demonstrate compliance with the deadlines, as the opening act of the election was on January 18, 2016, while the publication of the eligible candidates (nomination) was made on January 12, 2016; that is, only 4 working days before. Therefore, the company was sanctioned under the scope of article 27.12 of the Regulations of the General Labour Inspection Act that corresponds to not having a CSST.

Minimum requirements are established for the development of the Hazard Identification, Risk Assessment and Control Measures Matrix (IPERC).- For more information, please consult the following link.