The National State of Emergency is lifted.- Likewise, Supreme Decree 130-2022-PCM has provided that the National Government, Regional Governments and Local Governments will promote the optional use of masks, vaccination against COVID-19 and other measures related to the Health Emergency (current until February 25, 2023).
Worker’s negligence reduces the indemnity for damages.- The Supreme Court established that, when the worker affected with a physical ailment contributes decisively to the production of such event with a negligent or culpable conduct, the judge must reduce the amount of the compensation for damages. The amount will be determined taking into account the seriousness and importance of the consequences derived from the worker’s conduct (Labor Appeal Nº 22536-2019 Cajamarca).
The Labor Inspection Court issued three new precedents of mandatory observance.- Below, we summarize the main aspects:
|Plenary Chamber Resolution No.
|Trade union freedom
– The extension of any benefit agreed with a minority union to non-unionized workers constitutes a violation of the right to freedom of association, while its guarantee is threatened by such practice.
– The extension of the benefits of a collective bargaining agreement of limited effectiveness to non-members of the minority union affects, per se, the freedom of association, without it being necessary to prove that the conduct promoted disaffiliation.
|Mandatory weekly rest (DSO)
|– The payment of the legal surcharge for work performed on the DSO day is of an exceptional nature, and cannot be used to commit excesses that allow the employer to establish a workday of seven days a week.
– This payment does not exempt the employer from responsibility, since the purpose of granting one day of rest per week (as a minimum) is to allow the worker to rest in order to resume his work and establish his strength.
– The weekly rest should preferably be assigned on a Sunday and, if not, the corresponding day should be a calendar day, with a duration of not less than twenty-four consecutive hours, that is, from 0:00 a.m. to 11:59 p.m. of the same day.
|Perfect Suspension of Labor (SPL)
– SUNAFIL’s action is not intended to qualify the SPL request because it only supports the review of the case, without prejudice to the subsequent control that can be carried out through the labor inspection.
– If at the time of the inspection a request for SPL is pending, the inspector should not presume the illegality of the employer’s conduct by not making the payment of remunerations, since the SPL procedure has not yet concluded.
They detail the documents evidencing compliance with the obligations related to a work accident in transit.- The TFL annulled the fine against a company for a traffic accident that caused the death of a worker. This was due to the fact that compliance with its occupational safety and health obligations was evidenced by the following documents: proof of training in preventive driving, SOAT, driver’s license appropriate to the unit, satisfactory technical inspection, Hazard Identification and Risk Evaluation (IPER), which included the high speed hazard and the driver’s excellent driving record during his employment relationship.
On the other hand, according to the investigations, it was determined that the driver committed a substandard act, having previously ingested medication that caused drowsiness, exceeded the speed limits and ignored traffic signs (Resolution Nº 946-2022-SUNAFIL/TFL).