REM TODAY
New measures to strengthen the protection of safety and life of workers.- The main changes set forth in Supreme Decree N° 044-2019 (“DU”) are the following:
New regulations applicable to the agricultural sector.- The main amendments pursuant to Emergency Decree N° 043-2019 which will become effective on January 1, 2020, are the following:
New value of the Tax Unit (ITU) .- The value of the ITU during 2019 will be S/.4,300.00 (four thousand three hundred and 00/100 Soles).
CASE LAW
The trade union privileges protects trade union representatives during a temporary territorial allocation.- The Supreme Court has ruled that a worker provisionally transferred to another location who was designated as a union representative during said allocation, is protected by the trade union privileges, so that he cannot be returned to his place of origin without his consent. The protection operates while the trade union position persists (Labor Cassation No. 15113-2017 Arequipa).
INSPECTIONS
New version of the Directive “Citizens’ Rights in the Labor Inspection System”.- SUNAFIL disseminates the main rights of citizens -complainants, workers and employers – within the framework of the labor inspection system:
SAFETY AND HEALTH AT WORK
New provisions on OSH training and investigation of fatal accidents and occupational diseases.- The main changes introduced by Supreme Decree No. 020-2019-TR are the following:
That a worker drives under the influence of alcohol does not exempt the company from liability in the event of a fatal accident. – SUNAFIL sanctioned a company with more than S/.100,000.00 for not having taken the necessary prevention measures applicable to a worker who died while he worked driving a linear motorcycle under the influence of alcohol. Although the police technical report determined that the worker was under the influence of alcohol, SUNAFIL considered that such a situation does not exempt the company from administrative responsibility who had to grant the worker adequate safety conditions based on their work.
The company was sanctioned for not identifying and evaluating the risks related to motorcycle riding on public roads in its Hazard Identification and Risk Assessment (IPER) matrix. Likewise, the company also did not have a procedure for driving these vehicles. Finally, it was determined that the Sub Committee on Safety and Health at Work was not conformed according to Law, since the Secretary of said body was not responsible for the area of safety and health at work as required by the regulation.
