Last chance to comply with telework rules.- Employers must comply with the new telework rules by April 28. This implies, as a minimum, to comply with the following:
This, without prejudice to comply with other obligations arising directly from the use of teleworking, such as adapting the Internal Regulations on Safety and Health at Work.
I. Substantial modifications to the labor cassation appeal.- For further information, please access the following link: Labor Alert – March 2023
II. It is not sufficient to justify the difference in salary based on seniority.- The Supreme Court declared a claim for reinstatement of remuneration for salary homologation well founded after finding that the differential remuneration treatment between the plaintiff and her peer was due only to seniority in the performance of the position. The judgment establishes that this criterion should not be analyzed in isolation, since in order to establish a salary difference it is necessary to evaluate other objective and reasonable factors such as progression, functions or job responsibilities (Labor Cassation Nº. 24071-2019 La Libertad).
III. Exception to the automatic expiration of collective bargaining agreements.- The Supreme Court has specified that although the term of the collective bargaining agreement is only one year when there is no agreement between the parties, this does not apply to salary increases, bonuses or other benefits agreed upon in regulatory clauses, which will remain in force as long as they are not modified by subsequent agreements (Labor Cassation No. 33332-2019 Del Santa).
IV. Suspension of bureaucratic barriers procedure before INDECOPI related to the standard restricting outsourcing (Supreme Decree No. 001-2022-TR).- INDECOPI has declared the suspension of the procedure initiated by COSAPI against Supreme Decree No. 001-2022-TR until the final resolution of the constitutional process of popular action followed under File No. 756-2022-0-1801-SP-DC-03.
The Chamber bases its decision on the fact that, in said case, the Judicial Power will evaluate and determine the legality of the same provisions denounced before INDECOPI, and therefore the Chamber considers it necessary to have such prior judicial pronouncement in order to resolve the administrative proceeding (Resolution No. 72-2023/SEL-INDECOPI).
I. Allowing the entry of workers in the framework of a strike subsequently declared illegal does not affect the free exercise of the right to strike.- The Labor Inspection Court (TFL) analyzed the case of a union that, despite being notified with the arbitration award that resolved its list of claims, decided to go on strike. Some workers within the scope of the strike (who did not perform essential work) decided to go to work. The company facilitated their entry. The strike was then declared illegal.
In this case, the TFL determined that the company did not affect the free exercise of the right to strike because the strike should not have taken place, considering that the Union -on becoming aware of the arbitration award- should have immediately ceased or lifted such measure. Since it did not do so, the strike was illegal under article 84, paragraph e) of the TUO of the LRCT (Resolution No. 214-2023-SUNAFIL/TFL-First Chamber).
II. The TFL established that the very serious infraction regulated in article 25.6 of the RLGIT applies only when the worker has reached the right to vacation rest and the employer does not comply with its granting. On the other hand, the serious infraction regulated in article 24.4 of the RLGIT applies when the employer does not pay in full and on time, among others, the payment of vacation remuneration or truncated vacations (Resolution No. 229-2023-SUNAFIL/TFL-First Chamber).
I. The Health Authority approved the Technical Health Standard (NTS) No. 200-MINSA/DGIESP-2023 for the comprehensive care of the person affected by tuberculosis, the family and the community (Ministerial Resolution Nº 339-2023-MINSA).
The regulation establishes the technical criteria and procedures for the prevention, control and health interventions in the comprehensive care of the population affected or with risk factors for tuberculosis, which should be applied in all public, private and mixed health facilities in the country, including those that provide care to workers within the framework of the provisions of the occupational health and safety standards.
It should be remembered that these standards not only require permanent occupational health surveillance, but also that Law No. 30287 (Law for the Prevention and Control of Tuberculosis in Peru) and its Regulations provide benefits and other facilities for workers suffering from this disease.
II. New formats for the annual report on workers’ health surveillance.- For more information, access the following link: Labor Alert – March 2023
