LABOR NEWSLETTER
REM CURRENT NEWS
The Plenary of the Congress approved in first vote the draft rule that modifies the way profits are calculated.– The main modifications are as follows:
- The percentage of annual pre-tax income distributed by industrial electric companies would increase progressively from 5% to 10%.
- The substitute text proposes that 75% of the profits be distributed on the basis of the days worked, and only 25% on the basis of the remunerations received. These percentages would be applied progressively.
- In the days worked, it is proposed to include paternity leave and all paid leave.
- In the remunerations received, it is proposed to include what the workers on maternity, paternity or temporary disability leave would have continued to receive if they had been working. Likewise, it is specified that when the remuneration is variable, the average of the last 12 months is considered.
A second vote is pending.
INSPECTIONS
New enforceable precedents of the Labor Fiscal Tribunal (“TFL”).- The following enforceable criteria have been established:
OCCUPATIONAL HEALTH AND SAFETY
Employers must adopt preventive measures to avoid damages due to exposure to carcinogenic agents at work.- Supreme Decree N° 039-93-PCM, Regulation for the Prevention and Control of Occupational Cancer, establishes specific measures for the protection of workers against the risk of exposure to various carcinogenic or cocarcinogenic agents at work. These measures include the following:
- Procure the substitution of the agent and, if not possible, implement the use of a closed system.
- Identify annually the hazards and risks that such exposure represents for workers.
- This process should consider the nature, degree and duration of worker exposure.
- Limit the amount of use of such agents and the number of workers exposed.
- Signaling and delimiting risk areas.
- Provide truthful and timely information to workers.
- Inform the National Health Institute (INS): (i) activities or procedures involving such substances, including the reasons for their use and quantities; (ii) number of workers exposed and protective equipment used; (iii) magnitude of exposure; (iv) cases of substitution; and, (v) others.
REMINDER OF THE MONTH
SUNAFIL sends inductive letters on different matters.- SUNAFIL is sending inductive letters requesting information to validate compliance with different labor obligations:
- Hiring of the Supplemental Risk Work Insurance (“SCTR”): Among other documents, SUNAFIL requires submitting current proof of insurance of the applicable workers in the SCTR, as well as the payment of the SCTR. SUNAFIL is granting a term of 8 business days to respond to such letters.
- Appointment of social worker: Considering that companies with more than 100 workers must have a social worker, SUNAFIL requires accrediting the appointment of this person at the industrial relations service, accrediting his/her registration certificate, and submitting his/her professional qualification certificate, among other documents. SUNAFIL is granting a term of 8 working days to provide the information.
