Modifications to the pension system in Peru.- The following is a summary of the main modifications provided by the new Law for the Modernization of the Peruvian Pension System (Law No. 32123), whose entry into force has been postponed until the publication of its respective regulations:
Guidelines for the inspection of compliance with the rules of the labor regime of the artist, performer and executor.- The most relevant provisions are the following:
It establishes specific guidelines for auditing based on five assumptions:
I) If the employer declares an employment relationship with the artist or technical worker.
II) If the employer declares a civil relationship or a relationship for the provision of services.
III) If the employer declares a relationship with the artist or technical worker through intermediation or outsourcing.
IV) If the artist or technical worker is a foreigner.
V) If the artist or technical worker is a minor.
All audits of this type begin with the verification of the electronic spreadsheet.
It is essential to identify the organizer, producer or presenter of the event who, in the event of non-compliance, assumes subsidiary liability.
Reiterates the minimum content of the employment contract under this modality.
The work performed by children and adolescent artists must not harm their health or development, their educational development or their morals and good customs.
The PNP and the Public Prosecutor’s Office shall participate when a minor needs to be rescued.
(Directive N° 003-2024-SUNAFIL/DINI, approved by Superintendence Resolution N° 173-2024-SUNAFIL).
The employer is not obliged to include the risks associated with the use of private vehicles in the IPERC Baseline.- The Labor Inspection Court revoked the sanction against an entity for not including the risks related to the use of private vehicles in its IPERC Baseline matrix.
The entity was initially sanctioned for such omission, which would have caused the death of a worker while driving his motorcycle on the public road (collision with a passenger bus). However, the Court clarified that the driving of the unit owned by the worker was not part of his work, so it should not have been included in the IPERC matrix, regardless of the supervision that the employer should have exercised with respect to the use of this type of means of transportation by its personnel (Resolution No. 764-2024-SUNAFIL/TFL-First Chamber).
Employers are urged to be flexible when workers have difficulties in commuting to work.- Through a communiqué, the Ministry of Labor and Employment Promotion has urged employers to adopt flexible measures (such as prioritizing teleworking, tolerating entry, compensating for delay time, etc.) for workers who have difficulties in commuting due to the transportation stoppage in Lima and Callao. Although this communiqué was intended to address the transportation difficulties caused by the transportation strike that occurred on September 26, it is foreseeable that, if transportation difficulties continue, employers will be urged to adopt these types of flexibilities.
