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:
– Family allowance.
– Minimum night remuneration.
– Minimum mining remuneration.
– Minimum monthly allowance for people under training modalities that comply with the maximum training day.
– Social benefits for workers who receive the RMV.
Preliminary draft of the Labor Code.- The pre-publication of the Preliminary draft of the Labor Code seeks the consolidation of labor and special rules in a single text, but at the same time proposes several changes to the labor legislation in different matters (fixed-term contracts, elimination of the qualification of trust personnel, expiration of the disciplinary power, compensation for dismissal, groups of companies, outsourcing, collective matters, among others). The text has been subject to suggestions, comments or recommendations from employers and workers, or their respective organizations, until May 3, 2022.
Non-working days in the public sector.- The following days were declared as non-working days in the public sector in 2022: (i) Monday, May 2; (ii) Friday, June 24; (iii) Monday, August 29; (iv) Friday, October 7; (v) Monday, October 31; (vi) Monday, December 26; and (vii) Friday, December 30. The private sector may also grant the non-working days, prior agreement with the workers regarding the recovery of the hours (although, in the absence of agreement, the employer shall decide).
Requirements for non-remunerative bonuses.- The Supreme Court has established that a bonus shall not be considered as remuneration when by express rule it does not have such nature, or when the following conditions are met: (i) the value of the bonus is related to the event that determines its granting; (ii) the sum paid is reasonable (i.e., proportional to the reason for which it is granted); and, (iii) it does not constitute a patrimonial advantage for the employee. Thus, it can be concluded that if the bonuses do not meet these parameters, they shall be considered as remuneration (Cassation No. 26303-2017-Lima).
Employer does not incur in unfair dismissal if the termination of employment is due to the cancellation of a precautionary measure.- The Supreme Court considered that the plaintiff worker who obtained a provisional replacement in employment as a result of a precautionary reinstatement measure wihtin the framework of a dismissal challenge proceeding, he is not entitled to keep his job even if he continues to work after such process concluded without a decision on the merits.
In this sense, the Supreme Court points out that the employment relationship arising from the fulfillment of a precautionary measure is temporary, so that the delay of the employer in requesting its cancellation does not produce a permanent employment relationship. Consequently, the termination caused by a judicial resolution that cancels the precautionary measure does not constitute a dismissal without cause (Labor Cassation No. 19205-2019- La Libertad).
SUNAFIL shall fine employers who allow the provision of services without full vaccination.- Two new infractions applicable under the Health Emergency have been created by COVID-19, which sanction cases in which the employer:
(i) Allows workers or service providers who do not have the complete vaccination schedule (including the booster dose) or who, if exempted, do not meet the requirements to be considered as such, to enter the work center, or;
(ii) Failure to comply with the provisions related to service providers who do not have the required doses of vaccination against COVID-19.
The infractions are classified as very serious and the total number of people providing on-site services in the inspected workplace are considered as affected workers. The fine would range from S/.12,098.00 to S/ 241,638.00.
Modification of forms for reporting occupational accidents, dangerous incidents and occupational diseases.- For further information, please visit the following link:
Draft Regulations on Safety and Health at Work with Electricity (RESESATE) are published.- This document aims to adapt the current RESESATE (in force since 2013), to changes in recent years in the general occupational safety and health standards and to the COVID-19 context.
The project proposes the following:
Technical standard on occupational safety and health was adopted.- By Direct Resolution Nº 003-2022-INACAL/DN the NTP 399.018:2022 called “Occupational Safety and Health. Industrial safety helmets and tests. 2° Edition”. This document is aimed at updating the technical requirements for the use of industrial safety helmets (2014 version), the same that would be mandatory according to Law No. 31246, which amended Article 60 of the Occupational Safety and Health Law in the sense that personal protective equipment must comply with Peruvian technical standards.