INDECOPI declares illegal requirement demanded by EsSalud for the validation of medical certificates.- INDECOPI has declared illegal bureaucratic barrier that EsSalud requires to submit the validation file of medical certificates within a maximum period of 30 working days from its issuance (Resolution 0011-2025/SEL-Indecopi).
INDECOPI supported its decision by stating that this is a requirement not contemplated in the Regulation for the Recognition and Payment of Economic Benefits, approved by Supreme Decree No. 013-2019-TR. Therefore, it would be imposing obstacles to employers to recover the subsidies paid. With this decision, INDECOPI ratifies a previous first instance pronouncement on this matter.
The time spent putting on the uniform is part of the work day.- The Labor Inspection Court («TFL») analyzes that, when the change of work clothes is an obligation derived from the Internal Work Regulations, it means that the worker executes an order from his employer before and after the start and end of the work day, so the time spent changing work clothes is part of the work day.
Consequently, the TFL establishes that not considering the change of uniform as part of the working day generates two infractions: (i) preventing the registration of the actual time of arrival and departure in the Attendance Control Record; and, (ii) violation of overtime work by forcing the change of uniform during the ordinary working day (Resolution No. 0055-2025-SUNAFIL/TFL-First Chamber).
Negligence of the worker would rule out the company’s responsibility in an occupational accident.- This was stated by the TFL and left without effect the accusation against a company for not having trained a worker who suffered an accident (Resolution No. 1197-2024-SUNAFIL/TFL).
The worker (cleaning operator) was moving around a warehouse when a forklift went through a dividing curtain and hit her left leg hard. The authority initially attributed to the company the lack of training and information provided to the worker on occupational health and safety issues. However, the TFL dismissed the accusation after finding that the worker was listening to loud music through her headphones, which prevented her from hearing the forklift’s horn.
SUNAFIL sends inductive letters requiring information on the implementation of a first aid kit.- SUNAFIL has been sending inductive letters on occupational safety and health, in order to verify that employers comply with having a first aid kit, which complies with a minimum content and is in optimal conditions. SUNAFIL is granting a term of 5 working days to respond to such letters.
Let us remember that employers are required to have a first aid kit accessible and in optimal conditions.
