REM CURRENT NEWS
Labor measures related to COVID-19.- The main measures ordered by the Government are the following:
(i) Resumption of activities: Phase 3 of the Resumption of Economic Activities was adopted, authorizing the resumption of activities such as: energy and mining sector, agricultural sector, construction projects, shops in general (50% capacity), restaurants and related services (40% capacity), except for bars, land, rail and air transport services, art, entertainment and leisure services, among others.
For the restart of activities, every company must comply with the protocols of its sector and implement the Surveillance, Control and Prevention Plan of COVID-19, which must be registered in the Ministry of Health.
(ii) Amendment of the rules governing the bonus of S/760.00 for workers in perfect suspension of work: It is specified that this benefit shall be delivered for a maximum of 3 months, to workers who meet the following conditions:
• Be workers of employers with up to 100 workers.
• That your household does not receive any monetary subsidy.
• Be in a perfect suspension approved (expressly or fictionally).
• Receive a gross remuneration of S/.2,400.00 as maximum.
New provisions for domestic workers.- The following have been approved: (i) a reference model for a domestic employment contract; (ii) the reference format of the pay slip for domestic workers; and, (iii) the web application for registering the employment contract (www.gob.pe/mtpe).
Reference formats for sexual harassment complaints.- The reference formats for filing a complaint or denunciation of acts of sexual harassment have been approved, applicable both in the public and private sectors; as well as its respective instructions.
REM CASE LAW
Rules for the adaptation of the work process to remote work.- The “Protocol of adaptation of the procedures of the Corporate Labor Module”, transforms the processing of labor lawsuits:
(i) A record of business data shall be created for notification through an electronic box. Claims shall be submitted at the Electronic Reception Desk.
(ii) All documentation submitted at the hearing must be digitized in PDF. The audiovisual evidence must be incorporated into the database previously designated by the Court.
(iii) In ordinary proceedings, the defendant may submit the answer to the claim 5 days before the hearing.
(iv) The notification of the sentences shall be made only by electronic box.
INSPECTIONS
New version of the Protocol on labor inspection against COVID-19.- It adapts it to Ministerial Resolution No. 448-2020-MINSA, and specifies procedural aspects:
(i) Defines the concepts: (i) close/direct contact, (ii) COVID-19 quarantine, and (iii) return to work post-quarantine (by contact).
(ii) Amends the definitions of workplaces with low and medium risk of exposure, reducing the contact between workers and the public from two to one meter.
(iii) Specifies that the employer has 10 working days to respond to inductive letters from SUNAFIL.
(iv) Reduces the deadline from 10 to five working days for companies (except MYPE) to respond to deterrent letters from SUNAFIL.
(v) Reduces the documents required to verify compliance with the COVID-19 Surveillance Plan of COVID-19 in deterrent letters. It does not include the payroll of workers or the copy of the Minutes Book of the Health and Safety Committee.
SAFETY AND HEALTH AT WORK
Companies must annually update their Internal Regulations for Safety and Health at Work.- This was provided by SUNAFIL in a resolution confirming the fine imposed on a company for not having updated their Internal Regulations for Safety and Health at Work (RISST) for three years. The RISST is a key document of the Safety and Health Management System at Work to which the requirement for annual review of said system is applicable – at a minimum – according to the needs and risks present in the workplace.
The update is based on the Principle of Continuous Improvement included in safety and health regulations at work, stimulated by the risks of COVID-19.
New guidelines for the surveillance, prevention and control of the health of workers at risk of exposure to COVID-19.- They may be consulted at https://www.linkedin.com/posts/rodrigo-elias-%26-medrano_alerta-laboral-julio-2020-activity-6684235012495290368-DLAd
