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Labor Newsletter – April 2019

LABOR NEWSLETTER

REM TODAY

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:

(i) Registry of part-time employment agreement

(ii) Filing of services contracts entered into between staffing companies and user companies

(iii) Communication of minimum services

(iv) Private-sector collective bargaining settlement

New Directive of EsSalud Public Healthcare System. The new Directive of “Registry of Work Accidents and Work Accident Notification Form Procedures in Health Service Providers (IPRESS) of EsSalud Public Healthcare System” (Director’s Order No. 623-GG-ESSALUD-2019) includes the following news:

(i) Employers are required to introduce Health Service Providers (IPRESS), and the “Work Accident Notification” form.

(ii) The form shall have the following terms:

  • In Metropolitan Lima and Callao: within 2 calendar days following the accident.
  • In province: within 5 calendar days following the accident.

Benefits to workers commuting by bicycle. A new law provides the following for private-sector employers in order to promote the use of bicycles:

(i) Obligation to adequate their spaces for bicycle parking at a rate of 5% of the area used for motor vehicles within a 3-year term starting from the law publication.

(ii) Power to grant the following benefits to those commuting by bicycle: flexibility in start time, days off or hours off, provision of showers inside the workplace, among others.

REM CASE LAW

Substitute Employee Agreement—and its extensions—may be even signed after the effective first day of employment. The Supreme Court has established as case law that substitute employee agreement entered into after the first day of employment will not be distorted if: (i) omission is remedied by subsequent signing of the contract; and, (ii) their purpose is to keep the position of the worker being substituted (Labor Cassation Case No. 19684-2016 LIMA). This criterion also is applied to extensions of such special employment contracts.

REM INSPECTIONS

SAFETY AND HEALTH IN THE WORKPLACE

SUNAFIL fined a mining company S/100,000.00 for not washing regularly the worker’s coveralls. The company do not prove to wash regularly coveralls between 2014 and 2017; although workers were permanently in contact with minerals and other toxic substances.

SUNAFIL concluded that the company did not maintain adequately the personal protection equipment, but such responsibility was given to workers instead despite that occupational safety and health regulations set forth that the mining company shall bear all expenses related to safety and health at work (Superintendency’s Order No. 120-2019-SUNAFIL/ILM).

LABOR TEAM

If you wish, you can contact members of the labor team of Rodrigo, Elías & Medrano Abogados.

This bulletin contains the objective description of legal provisions, institutional reports of the Ministry of Labor, jurisprudence of the Constitutional Court and labor-related news. It does not contain the opinion of Rodrigo, Elías & Medrano Abogados on the matter, thus it cannot be considered as a source of interpretation or response to consultations.