Labor Newsletter – May 2023




Regulation of the General Law for the Protection of Persons with Diabetes is approved.- The regulation establishes provisions for the prevention, intervention and control of diabetes at the national level, as well as some directed to employers (Supreme Decree No. 008-2023-SA).

In the workplace, the regulation establishes obligations in order to generate a healthy work environment, such as:

Avoid discrimination on the basis of diabetes, both in access to employment and during the employment relationship.

Job offers may not contain requirements in this regard.

Develop concrete actions for the prevention of diabetes, for example, through the sale of water, fruit and healthy products.

Elaboration of healthy eating policies.

Communication campaigns in networks.

 New Single Text of Administrative Procedures (TUPA) of EsSalud – This new TUPA contains the updated details of the administrative procedures and services provided by EsSalud (Supreme Decree No. 005-2023-TR). Along with the TUPA, the processing fees and forms corresponding to the procedures and services detailed in the TUPA were also approved.


 Law for the Integral Management of Chemical Substances.- The health authority approved the Law for the Integral Management of Chemical Substances, the purpose of which is to establish obligations, attributions and responsibilities for both public entities and users of chemical substances, including any person (natural or legal) that manufactures, imports, distributes, markets, packages, stores or carries out any other activity with these substances.

The regulation emphasizes certain obligations of the employer in the context of occupational safety and health, such as the evaluation of hazards and risks, having safety data sheets, providing training to workers on the handling of hazardous chemicals and, in general, carrying out an adequate management of chemicals in an integrated manner with the environment. SUNAFIL is also responsible for overseeing the provisions on the classification and labeling of chemical substances in the workplace, and for adapting the Regulations of the General Labor Inspection Law accordingly.

The application of this norm is subject to the publication of its regulations, which would occur within one year.


Law that regulates the administrative notification through the Electronic Mailbox.- Law No. 31736 establishes general provisions for the notification, by such means, of the administrative acts and actions issued by the entities of the Public Administration subject to Law No. 27444, such as SUNAFIL. Thus, SUNAFIL must adapt its computer systems to this rule until August 3, 2023 (term not exceeding 90 calendar days from its entry into force).

This rule provides that it is a requirement for the validity of the notification that the Electronic Notification System sends an informative alert message to the e-mail and cellular phone registered by the person concerned.


End of the Health Emergency.- The main implications for employers of the conclusion of the last extension of the State of Health Emergency in May are as follows:

End of the automatic extension of the mandate of the Safety Committee or Occupational Safety and Health Supervisor.

Resumption of the obligation to carry out audits of the Occupational Health and Safety Management System.

The obligation to carry out the corresponding medical examinations is resumed.

The facilities for the issuance, remission and preservation of documents in labor matters are terminated.

Facilities for workers in charge of the care of family members diagnosed with COVID-19 or within the risk group are no longer applicable.

June 7 holiday not yet confirmed: Although the plenary of Congress approved to declare June 7 as a holiday to commemorate the Battle of Arica and the Flag Day, the regulation that would confirm the creation of this holiday has not yet been published.