New obligations regarding sexual harassment by employers.- For further information, consult the following link: https://www.estudiorodrigo.com/nuevas-reglas-en-materia-del-hostigamiento-sexual/
Guidelines for the granting of reasonable accommodation to persons with disabilities and for determining the existence of a disproportionate or undue burden are approved.- The main novelties contained both in Ministerial Resolution No.171-2019-TR and in the Supreme Decree N°013-2019-MIMP are the following:
(i) During the selection process
– Reasonable accommodation apply to all human resources selection processes.
– The employer must disseminate job vacancies in formats accessible to persons with disabilities (easy reading, audio, etc.).
– The application forms must include an item that allows applicants with disabilities to indicate the reasonable accommodation required during the selection process.
– The employer must implement the reasonable accommodation requested by the applicants or, alternatively, adopt alternative accommodation. This includes the adaptation of methodologies, evaluation procedures and instruments, interview methods, among others; as well as accessibility conditions.(ii) During the labour relationship
– The adaptation of work tools, machinery and work environment including changes in the physical space, provision of technical aids, support services as well as adjustments in the work organization and schedules considering the requirements and needs of the disabled worker are involved in the reasonable accommodation during the labour relationship.
– The employer must reassign the person who has acquired a disability during the labour relationship (or if it has worsened) to another position compatible with their abilities, without limiting it to the existence of an available vacancy.
– Unjustified denial of reasonable accommodation is considered an act of discrimination.
– Situations that qualify as disproportionate or undue burden in the implementation of reasonable accommodation are the following: (i) paralysation or alteration of the productive cycle in a way that puts the productive goals of the company at risk;
(ii) a negative economic impact that jeopardizes the expected economic results for the corresponding year; or, (iii) lack of liquidity in the company that prevents the timely fulfilment of its obligations.
– The obligation to communicate the minutes of the deliberative procedure of reasonable accommodation to the Administrative Labour Authority has been eliminated; (ii) the default format request for reasonable accommodation.
New platform to update information of foreign citizens.- All foreign citizens who are in national territory and who have registered information with the National Superintendence of Migration should update it through the Migrations website once the new platform is implemented (www.migraciones.gob.pe).
The protection of the unfair dismissal is extended to a worker whose gestation status was interrupted.- The Supreme Court has resolved that the dismissal occurred one month after a pregnant worker suffered a loss, is unfair because she had the reason for pregnancy and the serious faults imputed were not proved by the employer. (Labour Cassation No. 15216-2018 LIMA).
SUNAFIL issued new regulatory criteria applicable to labour inspections. Through Superintendence Resolution No. 61-2019-SUNAFIL, three new criteria have been adopted to standardize the interpretation of legal provisions:
(i) Union leave: The denial of union leave will be classified as a serious infraction under the scope of article 24.11 of the Regulations of the General Labour Inspection Law, which refers to “Non-compliance with the provisions related to the provision of facilities for the exercise of the union activity”.
(ii) Table of categories and functions and salary policy: The employer who does not have any of the aforementioned documents has the possibility of correcting such omission. The labour inspector must issue a requirement measure for these purposes.
(iii) Notification of the requirement to appear: The notification is valid as long as it is made at the domicile of the inspected party, except when the only person in the place is the complainant. In these cases the notification must be delivered to a different person.
SUNAFIL approves Protocol for the hiring control of foreign workers.- For further information, click on the following link: https://www.estudiorodrigo.com/alerta-migratoria-julio-2019/
New Occupational Health and Safety Regulations for the Construction Sector.- This regulation complements the G.50 Standard on Safety during Construction and is in force as of July 12, 2019. The main aspects regulated by this standard are the following ones:
