Labor measures related to COVID-19.- The main measures ordered by the Government are the following:
(i) Health Emergency (ES): The ES was extended until September 7, 2020.
(ii) State of National Emergency (EEN): The EEN was extended until July 30, 2020. During this period, quarantine is maintained in some regions of Peru and for children less than 14 years of age and people within the risk group.
(iii) Resumption of activities: Phase 2 of the Resumption of Economic Activities was adopted, which authorizes the resumption of other activities such as: exploration of the stratum of large and medium mining, veterinary activities; beer, wine, tobacco and other alcoholic beverages; shoe manufacturing; legal activities; accounting, architecture, engineering and related activities, research and development. Likewise, the gradual and progressive start of economic activities of the productive and/or commercial conglomerates at the national level is adopted.
Prior to the restart of activities, it must comply with the protocols applied by sector and implement the Surveillance, Control and Prevention Plan of COVID-19, which must be registered in the Integrated System for COVID-19 (SICOVID-19) of the Ministry of Health, without having to carry out the authorization procedure with the relevant sector.
(iv) Withdrawal of funds from AFP: Pension funds withdrawn pursuant to Law No. 31017 maintain the status of intangibles. Therefore, they may not be subject to discount, legal or contractual compensation, seizure, retention, any form of affectation, either by court and/or administrative order.
(v) The COVID-19 as an occupational disease of health workers: The disease caused by the COVID-19 has been recognized as an occupational disease of health workers.
(vi) Perfect suspension of work: The following changes are incorporated: (i) in the event that the sales of the month prior to the adoption of the measure are equal to 0, the employer may apply the perfect suspension of work, it is optional adopt alternative measures provided for in section 3.1 of article 3 of Emergency Decree No. 038-2020; and (ii) for employers with up to 100 workers, it is optional to provide evidence of alternative measures being taken.
(vii) Subsidy for workers in perfect suspension of work: Workers who are in perfect suspension from work whose employer has up to 100 workers, and who receive a gross remuneration of up to S/.2,400.00, have access to the “Emergency Social Welfare Economic Benefit for the COVID-19 Coronavirus Pandemic”, for an amount of S/.760.00 for each calendar month that has elapsed during the corresponding measure of perfect suspension of work, up to a maximum period of 3 months.
The procedural deadlines are resumed from July 16, 2020.- The procedural deadlines are suspended until July 16, with the exception of the judicial districts located in Áncash, Arequipa, Ica, Junín, Huánuco, San Martín and Madre de Dios, in which the terms shall remain suspended until July 31. Lawsuits and briefs, in general, may be submitted by the Electronic Court Registry and judicial notifications shall be made through the electronic box.
The Judiciary adopts the “Temporary Protocol for Virtual Judicial Hearings during the Period of Health Emergency”. – The main measures for the parties are as follows:
A new Protocol on the exercise of labor inspection was adopted, within the framework of the Declaration of Health and National Emergency.- The most relevant aspects are indicated below:
A new version of the Protocol on the execution of preliminary actions and inspection proceedings regarding the verification of the perfect suspension of work was adopted.- Some of the criteria that SUNAFIL has been using as part of the verification procedure for the perfect suspension of work are made more flexible. The most relevant aspects are as follows:
Documents of the Occupational Health and Safety Management System for the registration of Covid-19 Plans. – Concerning the publication of Supreme Decree No. 101-2020-PCM authorizing the restart of economic activities in Phase 2, the application for registering the surveillance, control and prevention measures of COVID-19 at work was amended. This has led SICOVID today to demand the submission of a series of documents from the Management System of Safety and Health at work, such as:
Although the safety and health regulations already required having these documents, it is appropriate that companies keep them updated in order to meet the requirements of SICOVID and, in general, to face any labor inspection on these matters.