Extension of the State of National Emergency and the Health Emergency: The State of National Emergency was extended until September 30, and the Health Emergency for 90 calendar days from September 8, 2020.
Internal provisions of EsSalud on Certificates of Temporary Disability for Work (CITT) for workers with COVID-19.- Through Circular Memorandum No. 085-GG-ESSALUD-2020, EsSalud has issued recommendations for the issuance of CITT for active policyholders with a diagnosis of COVID-19 who do not require hospitalization (mild cases).
Symptomatic policyholders with a positive immunological test or rapid serological test are entitled to 14 days of temporary incapacity for work from the onset of symptoms or from the first sampling, while asymptomatic policyholders with a positive rapid serological test are entitled to 7 days of temporary incapacity for work from the first sampling.
This document also recognizes the possibility of issuing CITT for regularization for policyholders who, despite not having treated in the IPRESS (Health Service Provider Institution) of EsSalud, have a positive immunological or serological test.
It is legitimate for the employer to require the accreditation of the representation of the trade union’s board of directors for the granting of a union license.- The Constitutional Court has ruled in file No. 00932-2018-PA/TC-LIMA that the employer is entitled to require the accreditation of workers who apply for the trade union license established by law. In the opinion of the Constitutional Court, this decision does not constitute an anti- trade union act if the employer lacks certainty about the composition of the payroll of the trade union board, taking into account that the applicants for representatives of the board of directors informed the employer that the trade union’s electoral process was challenged.
Unreasonable disciplinary measures would be sanctioned as acts of hostility.- SUNAFIL confirmed that the imposition of a disciplinary measure that does not meet the criteria of reasonableness and proportionality constitutes a very serious infringement in labor relations, referring to the carrying out of acts of hostility that violate the dignity of the worker. In the specific case, the authority considered that the written warning imposed on the worker was neither reasonable nor proportional.
The inspected employer defended itself by pointing out that the labor inspectorate is not competent to rule on the proportionality or reasonableness of a disciplinary measure, since the challenge of sanctions is an exclusive power of the labor courts. The Municipality of Lima dismissed this argument, considering that the labor inspectorate does have such power on the grounds that it must comply with its obligation to monitor and enforce labor rights.
Only management or trust personnel may represent the employer before the Occupational Safety and Health Committee (CSST).- This was reiterated by SUNAFIL in a recent statement, in which it sanctioned a company for not having a CSST conformed in accordance with the Law.
In this case, even though the employer proved to have exhausted all the stages legally foreseen for the constitution of its CSST (application, nomination, election and installation), SUNAFIL determined that its formation was invalid because the employer’s representatives were not registered on the electronic payroll as management or trust workers. Furthermore, the CSST did not have an equal number of full and alternate members.
