Extension of the State of Emergency.- The National State of Emergency was extended until June 30, 2022.
Extraordinary withdrawal of funds from Pension Fund Administrators (AFP) is authorized.- Members of the Private Pension System may request, between June 13 and September 10, 2022, the withdrawal of up to 4 UIT (S/.18,400.00) from their Individual Capitalization Account of mandatory contributions. The funds shall be paid in up to 3 disbursements.
CTS withdrawal is authorized.- Workers may, for one time only and until December 31, 2023, withdraw 100% of their CTS deposits to cover the economic needs derived from the pandemic. The corresponding regulatory provisions are pending to be issued.
Immediate coverage for pregnant women affiliated to the ESSALUD Social Security System.- From this modification, affiliates or beneficiaries who are pregnant shall have immediate coverage in ESSALUD, from their affiliation. The Regulations of Law Nº 26790 are pending to be adjusted.
New Cross Information System to Identify the Employer’s Risk Profile (SICPRE).- The SICPRE is a computerized tool to analyze and identify the risk level of employers of committing infractions to the labor, social and occupational safety and health regulations. The management and administration of SICPRE shall be in charge of SUNAFIL, which shall use this tool for the purpose of programming and carrying out inspection or guidance activities. SUNAFIL has 90 working days from May 8, 2022 to implement the SICPRE.
Leave for workers who pass annual preventive oncological exams.- For further information, please visit the following link: https://www.estudiorodrigo.com/alerta-laboral-mayo-2022/
Guideline on access to employment of persons with disabilities.- The Supreme Court considered that companies do not incur in an act of discrimination in the access to employment of the person with a disability if the latter does not comply with the objectively reasonable and verified minimum requirements for the job position established in the call for applications. In this case, the magistrates found that the applicant did not provide the certificate of disability certifying his condition and that the latter was not a physical disability as provided for in the item of insertion of persons with disabilities provided for in the call for applications (Labor Cassation Nº 24267-2019- Lima).
In the case under analysis, the employer implemented a virtual platform where the employees registered the vacation days they requested to split, and these were understood to be approved if the hierarchical superior did not reject them in the system within a certain period of time (Resolution Nº 393-2022-SUNAFIL/TFL).
The Court of Labor Audit (“TFL”) considers that the mechanism used is valid, although it does not follow the traditional procedure (that the agreement is recorded in a document with the signature of both parties). In this regard, it concludes that the virtual platform implemented by the employer reflects the worker’s manifestation of will without evidence of vice, fraud or intimidation, and that the procedure reflects an agreement between the parties, since the worker submits a request and if there is no response to the contrary within a specific term, such request is validated and the fractioned vacations are granted.
Additionally, the TFL analyzed the e-mails in which the company invites the workers to split their vacations on a specific date and grants a term to make their observations, or the proposal is considered accepted. On this aspect, the court points out that, although it is lawful for the company to “invite” its employees to split their vacations and, for organizational reasons, to establish a deadline to respond, if any employee, after the deadline has expired, communicates his desire not to split them, the company must implement personnel management systems that guarantee the willingness of its employees in this matter. Therefore, there are no “extemporaneous” responses lacking legal effectiveness.
Peruvian Technical Standard (NTP) NTP-ISO 45003:2022 “Guidelines for the management of psychosocial risks at work”, and the Peruvian Available Specification (EDP) EDP-ISO/PAS 45005:2002 “General Guidelines for Safe Work during the COVID-19 Pandemic” (Directorial Resolution Nº 004-2022-INACAL/DN) were approved.
These provisions contain important guidelines for occupational safety and health management to improve internal standards both with respect to psychosocial risks at work and in general in the context of the COVID-19 pandemic. The documents are advisory in nature, i.e., they are not mandatory.
Approval of the user manuals of the Computerized System for Notification of Occupational Accidents, Dangerous Incidents and Occupational Diseases (SAT).- Two documents were approved: (i) Internal user manual of SAT; and (ii) External user manual of SAT, which are addressed to the internal bodies of the labor authority, employers and medical assistance centers, respectively, for the communication and registration of occupational accidents (fatal or non-fatal), dangerous incidents and occupational diseases (Ministerial Resolution Nº 144-2022-TR).
These manuals explain the mechanism, procedures and information to be sent to the labor authority in each case, which includes not only information about the injured worker, but also about the place and causes of the event, insurance, care, medical diagnosis of the affected person, among others. It is important to remember that the forms for the notification of such events were modified by S.D. Nº 006-2022-TR.
These manuals may be accessed through the following link: https://www.gob.pe/institucion/mtpe/normas-legales/3034604-144-2022-tr.
This notification mechanism is in force since May 29, 2022.
