Labor Newsletter – September 2020



Extension of the State of National Emergency.- The State of National Emergency was extended until October 31, 2020.

Resumption of activities: Phase 4 of the Resumption of Economic Activities was approved, authorizing the operation of shops (capacity of 60%), restaurants and related services, except bars (capacity of 50%), maritime, river and air transport (including international flights from October 5, 2020), and arts, entertainment and leisure services with different capacities.

For the resumption of activities, all companies must comply with the protocols of their sector and implement the COVID-19 monitoring, control and prevention plan.

Modifications to leave for workers with direct family members with serious or terminal illness, or who suffer a serious accident.- The main modifications are as follows:

(i) It is extended to workers who have under their guardianship or tutelage persons suffering from a serious or terminal illness, or who suffer a life-threatening accident.

(ii) Exceptionally and only for a maximum of 1 year, depending on the needs of the worker, a leave of absence is granted to a worker whose child under the age of 18 is diagnosed with cancer. This leave must be covered by the employer during the first 21 days, and the remaining time by Essalud.

New cancer allowance.- The institutions administering health insurance funds (IAFAS) must pay a cancer allowance equivalent to 2 minimum vital salaries per family to a worker who has a child under the age of 18 who is diagnosed with cancer, during the time that the hospital treatment lasts.


The Constitutional Court lays down rules for the protection in favor of pregnant workers and mothers.- The Constitutional Court has established in the judgment in file No. 00677-2016-PA/TC that any dismissal, termination or non-renewal of a contract, harassment or any other act of intimidation aimed at the resignation of a pregnant worker must be presumed and treated as a null dismissal. To this end, the plaintiff must prove that she has communicated her pregnancy status with the corresponding medical report. In such cases, the protection shall be extended until the first year of age of the child. 


New regulatory criteria on temporary contracts in the context of the Health Emergency and State of National Emergency.- To use employment contracts subject to modalities, such as the contract for the start or increase of activity, the contract for market needs, the occasional contract, the emergency contract or the contract for a specific work or service, employers may consider the following contexts: (i) the State of National Emergency; (ii) the Health Emergency; and/or, (iii) the stage of economic reactivation or recovery of the economic effects associated with the current situation.


The lack of soap in the bathrooms qualifies as a serious infringement in terms of occupational safety and health.- This was ordered by SUNAFIL, through a resolution in which it sanctions with almost S/. 20,000.00 to a company for not having liquid soap or degreasing substances in the bathroom.

Although this had not caused any specific harm to the workers, SUNAFIL considered that it was the responsibility of the employer to grant such a personal hygiene measure to prevent a serious risk to the health of the workers from materializing. The investigation that led to this sanction was carried out before the context of COVID-19.

SUNAFIL could initiate an inspection of the Occupational Safety and Health Committees.- SUNAFIL, through its regional departments, has been sending letters to employers informing employers about obligations, scope, purpose and other aspects related to the Occupational Safety and Health Committee. This document reiterates the importance of this internal body, so it is not ruled out that an operation shall be initiated for this purpose.