Mandatory notification via electronic mailbox of the Ministry of Labor and Employment Promotion is approved.- The MTPE will assign an electronic mailbox to all those administered, which constitutes a mandatory digital address, through which notifications of administrative acts and/or actions issued within the framework of the functions and competencies of the MTPE will be made, such as: economic rulings, decrees, conciliations, coercive collection notices, first and second instance resolutions, among others.
The MTPE has until 01/17/2025 to publish the complementary provisions and the schedule for the progressive implementation of this electronic mailbox.
INDECOPI has declared illegal bureaucratic barrier not to receive documents during the whole day through the virtual desk.- INDECOPI has declared illegal bureaucratic barrier the provisions of paragraph b) of Article 46.2 of the Regulations of the Digital Government Law, according to which the electronic documents submitted to the entities of the Public Administration, through the Digital Desk Peru, after business hours and until 23:59, are considered received the next business day (Resolution No. 0518-2024/SEL-INDECOPI). This decision has general effects.
INSPECTIONS
New precedents of mandatory observance of the Labor Inspection Court (“TFL”).- The following criteria of mandatory observance have been established:
OCCUPATIONAL SAFETY AND HEALTH
An evaluation certificate does not accredit the training given to the worker.- This was confirmed by the TFL in a recent decision in which it partially revoked the fine against a company for not adopting the preventive measures for an occupational accident.
In this case, the company stated that it had provided training to the worker on the specific risks of his work, presenting an evaluation certificate containing up to 20 statements on the prevention measures for the job. However, the authority considered that this information was insufficient, as it omitted some specific prevention measures, and did not accredit constant training as it was a single document.
Likewise, the TFL ratified that an injunction measure is improper when it is aimed at accrediting an irremediable fact, as was in this case the request for documents proving the training of the worker prior to the event.
REMINDER OF THE MONTH
Obligations arising from the epidemiological alert on monkeypox.- In addition to the various prevention measures that can be adopted in public and private health entities, the epidemiological alert provides that employers with personnel who for work reasons must travel or return from areas with monkeypox transmission (such as some countries in Central and West Africa), should communicate to the National Center for Epidemiology, Prevention and Disease Control of MINSA-CDC-, through the mail cdc.respuesta@dge.gob.pe, about these travelers, to coordinate pre-travel orientations and monitoring of their health status.
