REM CURRENT NEWS
Non-working days in the public sector.- The following days were declared as non-working days in the public sector: October 11, November 2, December 24, 27 and 31, 2021, and January 3, 2022. The private sector may also grant non-working days, subject to an agreement establishing how the compensation of hours shall be made (although, in the absence of an agreement, the employer shall decide).
Documents for domestic workers.- The Ministry of Labor and Employment Promotion adopted: (i) the reference models of employment contracts for domestic workers; and, (ii) the reference format of payment slip.
INSPECTIONS
The reduction of remuneration adopted under the Health Emergency must comply with minimum requirements.- The Labor Inspection Court (TFL) has considered that the reduction of remuneration allowed by Supreme Decree Nº 011-2020-TR must comply with the following requirements: (i) be agreed, not imposed by the employer, (ii) be proportional to the causes that motivate it and, (iii) respect the Minimum Living Remuneration (Resolution Nº 419-2021-SUNAFIL/TFL).
It is unreasonable for inspectors to require face-to-face appearances during the Sanitary and National Emergency.- The TFL has concluded that, in the current context, labor inspectors must give priority to people’s health and issue virtual requirements, which produce certainty in the inspections, are still useful and preserve people’s care and health (Resolution Nº 423-2021-SUNAFIL/TFL).
OCCUPATIONAL SAFETY AND HEALTH
The reduction of remuneration adopted under the Health Emergency must comply with minimum requirements.- The Labor Inspection Court (TFL) has considered that the reduction of remuneration allowed by Supreme Decree Nº 011-2020-TR must comply with the following requirements: (i) be agreed, not imposed by the employer, (ii) be proportional to the causes that motivate it and, (iii) respect the Minimum Living Remuneration (Resolution Nº 419-2021-SUNAFIL/TFL).
It is unreasonable for inspectors to require face-to-face appearances during the Sanitary and National Emergency.- The TFL has concluded that, in the current context, labor inspectors must give priority to people’s health and issue virtual requirements, which produce certainty in the inspections, are still useful and preserve people’s care and health (Resolution Nº 423-2021-SUNAFIL/TFL).
OCCUPATIONAL SAFETY AND HEALTH
The TFL revoked the indictment against a company for a traffic accident with fatal consequences.- The TFL revoked the charge against a company for alleged non-compliance with occupational health and safety regulations that would have caused a fatal accident during the transfer to work.
Initially, the company was sanctioned for failing to comply with the Hazard Identification, Risk Assessment and Control Measures (IPERC) matrix and for the lack of specific training in the workplace, both of which were considered to have caused the accident that occurred on a highway in which one of the three workers involved died. However, by virtue of the police report and other investigation documents, it was proven that none of the workers used the seat belt and that the driver exceeded the speed limits; therefore, there was no justification to sanction such breaches under the scope of Article 28.11 of the Regulations of the General Labor Inspection Law, which requires a causality between the non-compliance and the fatal accident.
Finally, in this case the company was sanctioned for a serious infringement for not having provided specific training to the affected workers, since the record did not include the detailed content of the training subjects.
Peruvian technical standard on occupational safety and health is adopted.- The new version of NTP 851.003:2014 on Occupational Safety and Health for the Protection and Prevention of Falls was adopted by Directorial Resolution Nº 026-2021-INACAL/DN. The standard updates the definitions and nomenclatures used in the previous version, adapting it to the new international standards.
