Virtual platform enablement for mandatorily giving notice in matters of sexual harassment. The platform on the link below must be used by employers:
https://trabajasinacoso.trabajo.gob.pe/HostigamientoSexual/
In order to give notice of the following facts to the Ministry of Labor and Employment Promotion in case of sexual harassment:
Every notice shall be given within a term no more than 6 business days from the pertinent event.
Banning access of the employee into the workplace during the separation procedure does not constitute a wrongful termination. The Supreme Court has established that if the employer exempts the employee from reporting to work—starting from the delivery of notice of charge of gross violation up to the issue of notice of acquittal or termination—employment relationship enters into a suspension period under paid leave time.
In that sense, denying access into the workplace, in any moment of such term, does not constitute an alleged de facto dismissal or wrongful termination (Labor Cassation Case No. 18716-2017 Lima). Based on this order, the Supreme Court ratifies the case law criteria applied to the Labor Cassation Case No. 11355-2014 Lima.
Union participation in labor inspections is not subject to challenge. By virtue of the last guidelines of the National Superintendency of Labor Control (SUNAFIL), labor inspectors are entitled to request union participation in inspection procedures, whatever the nature of investigation, without such decision may be discussed by the employer. This participation is mandatory in case of fatal accidents.
Rules of conduct unions or employees’ representatives must comply therewith are: not to interrupt and/or abandon unreasonably inspection procedures; not to commit misconduct or disrespect any participant; not to provide false facts or obstruct the company’s participation; etc. Any violation of provisions thereof may cause being deprived of their participation without no invalidating the investigation.
Health Technical Regulation for inspection of 100% smoke-free environments. The Ministry of Health recently published the Technical Standard for Health (NTS) No. 158-MINSA/2019 for the inspection of 100% smoke-free environment, whereby workplaces and other environments shall be verified to meet Act No. 28705 General Tobacco Smoking Prevention and Control Act.
Said document contains general and specific standards to be used by health entities to verify the following aspects: (i) no person with lighted cigarettes and other tobacco products; and (ii) no tobacco smoke in such environments. The standard includes characteristics that signs to be put in such environments must have.
