New paid rest on the occasion of elections.- Citizens who fulfill the function of being members of the polling stations and who have completed the training process, will receive a paid rest day with a non-compensable character, which is effective within 90 days following the date of the election (Law No. 32231). The opportunity of the rest shall be fixed by mutual agreement between the employer and the worker, but in the absence of agreement, the employer determines the date. This paid rest is in addition to the leaves of absence that may correspond for the citizen to exercise his/her role as member of the polling station.
New value of the Procedural Reference Unit (URP).- In line with the new value of the Tax Unit, the value of the URP for the year 2025 is fixed at S/ 535.00 and the Table of Values of the corresponding Judicial Tariffs is approved (Administrative Resolution No. 000004-2025-CE-PJ).
The Court of Labor Inspection (TFL) stated that, regardless of the medium used (physical or digital), the attendance control record must necessarily contain the hours and minutes of departure from the workday. Otherwise, it is impossible to verify overtime work (Resolution No. 07-2025-SUNAFIL/TFL).
In order to determine the existence of an employment relationship, subordination must be reliably proven.- The TFL declared the nullity of a Resolution of the Superintendence because it did not sufficiently demonstrate or develop the element of subordination of the hired personnel. Specifically, the TFL considered that the delivery of protective equipment such as masks and the existence of a schedule for the provision of services are not sufficient to prove the labor relationship with the contractors (Resolution No. 010-2025-SUNAFIL/TFL).
Guidelines for the prevention, control and management of infectious diseases.- The Peruvian Technical Standard NTP – ISO 45006:2024 for occupational safety and health management was approved, which includes the “Guidelines for organizations on prevention, control and management of infectious diseases” (Directorial Resolution No. 535-2024-INACAL/DN).
This is the first edition of this document, which is aimed at incorporating prevention standards in workplaces for the control of infectious diseases in general. It is important to remember that INACAL’s technical standards are not mandatory, but their application entails compliance with a higher parameter than the legal one to ensure the safety and health of workers.
The Medical Evaluation Report on Disability is valid to prove the damage caused to the worker.- The TFL stated that the Medical Evaluation Report on Disability issued by the SCTR insurance company is a sufficient document to prove the damage caused by the work accident (Resolution No. 041-2025-SUNAFIL/TFL First Chamber).
Although in the specific case the company questioned the legality of such document to sanction its non-compliance with occupational health and safety regulations as causes of the accident (since it was not a medical leave), the TFL stated that it was sufficient for these purposes. On the other hand, it partially revoked the sanction because a contradiction was found: initially, it was required the correction of the training and information on occupational health and safety issues, but this was qualified as a cause of the accident by the lower instances.
SUNAFIL sends inductive letters requesting information on the hiring of persons with disabilities.- SUNAFIL has been sending inductive letters with the purpose of verifying compliance with the obligations regarding the hiring of persons with disabilities (“PCD”). By way of example, SUNAFIL requires the certificates of disability of the PDCs during 2024, proof of discharge of the PDCs, and a list of all the personnel that worked in the company, specifying if they are PDCs and when they acquired the disability.
Let us remember that it is the obligation of private employers with more than 50 workers to comply with a disability quota of no less than 3% of their payroll, unless they comply with the legally established assumptions to justify the lack of hiring of PWD.
The Ministry of Women and Vulnerable Populations (“MIMP”) requires information on the breastfeeding service.- The MIMP has been sending letters requesting employers, for each work center or headquarters, to fill out a virtual form (https://facilita.gob.pe/t/18517) in order to prepare the Annual Report of Breastfeeding Centers that reports the progress in the implementation of the service nationwide.
