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Labor Newsletter – June 2019

LABOR NEWSLETTER

REM TODAY

New international standard to combat violence and harassment at work. The International Labour Organization adopted a new Convention and Recommendation. The Convention will enter into force 12 months after two member States have ratified it.

Salary discrimination control. From June 1, 2019, National Superintendency of Labor Control (SUNAFIL) will start controlling the enforcement in terms of equal pay. Non-compliance has been qualified as very serious violation in matters of labor relations.

REM CASE LAW

Employer can sanction employees who go on strike declared unfounded. The Supreme Court has established the punishment imposed by the employer to the employees on strike to be valid, provided that this strike has been definitively refused by the labor administrative authority and the disciplinary measure shall be proportional to the infringement (Labor Cassation Case No. 21896-2018 AREQUIPA).

The arbitration award shall be null if it was granted after the pertinent deadline, provided that the affected party shall give proof of it. The Supreme Court has decided that the cause of nullity shall proceed for economic arbitration award for having been granted after the agreed deadline in compliance with provisions set forth in applicable arbitration regulation or by the arbitration tribunal, provided that the affected party has given written proof clearly (Labor Cassation Case No. 7920-2017 LIMA)

REM INSPECTIONS

Assistant inspectors may not participate in complex work inspections. SUNAFIL approved new criteria to determine whether a work inspection is complex or not. Under these criteria, assistant inspectors may not investigate matters related to collective bargaining agreements, freedom of association, strike, sexual harassment, forced labor, disability, Management System of Safety and Health at Work, among others.

Control by electronic means. From now on SUNAFIL may require from employers submitting papers by email or other electronic means as a consequence of the amendment to the Regulation of the General Work Inspection Act passed on this June 24.

SAFETY AND HEALTH IN THE WORKPLACE

New obligations of Safety and Health at Work will be under control. SUNAFIL amended the provisions of general control standards in matters of safety and health at work, incorporating more obligations to be under control like: timely employee training by competent and experienced personnel; evaluation of adolescent employee’s position prior to his employment; audits of the Management System of Safety and Health at Work by authorized auditors; among other 32 new obligations to be under control.

LABOR TEAM

If you wish, you can contact members of the labor team of Rodrigo, Elías & Medrano Abogados.

This bulletin contains the objective description of legal provisions, institutional reports of the Ministry of Labor, jurisprudence of the Constitutional Court and labor-related news. It does not contain the opinion of Rodrigo, Elías & Medrano Abogados on the matter, thus it cannot be considered as a source of interpretation or response to consultations.