Labor Newsletter - April 2026
Themes
LABOR NEWS
The Regulations of Law No. 32123, the Law on the Modernization of the Peruvian Pension System, were amended.
The principal amendment consists of the elimination of the obligation for independent workers to make pension contributions. This change aims to align the Regulations of Law No. 32123 with the provisions introduced by Law No. 32445.
INSPECTIONS
The scope of the infringement related to the time and attendance record is delimited.
In Resolution No. 0518-2026-SUNAFIL/TFL-First Chamber, the Labor Inspection Court (TFL) clarifies the scope of the infringement set forth in subsection 25.19 of Article 25 of the Regulations of the General Law on Labor Inspection and establishes that such infringement comprises three rules:
- Failure to maintain a time and attendance record: This entails the complete absence of a record with respect to a given employee. Likewise, the Labor Inspection Court (TFL) clarifies that this situation may also arise where a general record (covering multiple employees) exists, but the specific daily individual record of one or more employees required by the inspection authority is not available (i.e., the employee does not personally record their daily attendance).
- Obstruction of recording: This occurs when, despite the existence of a time and attendance record, the employer prevents the employee from recording their working time.
- Substitution of the employee in the record: This arises when, despite the existence of a time and attendance record, the employer (or another person) replaces the employee in completing the record, contrary to the requirement of personal entry
OCCUPATIONAL HEALTH AND SAFETY
The Regulations of Law No. 30102, the Law establishing preventive measures against the harmful health effects of prolonged exposure to solar radiation, have been published.
The Ministry of Health has issued the regulation defining the scope of Law No. 30102, incorporating and further developing preventive measures against the physical risk posed by solar radiation to workers.
Among the most noteworthy measures are the following:
- Solar radiation is formally incorporated as an occupational risk within the Occupational Health and Safety Management System, requiring its inclusion in the Baseline IPERC matrix.
- Certain technical criteria related to this risk are defined, such as the Ultraviolet Index (UVI), sun protection factor, photoprotection, among others.
- Mandatory minimum administrative measures are established, such as avoiding (where possible) work involving solar exposure between 10:00 a.m. and 4:00 p.m. (from 9:00 a.m. in highland regions); rotating exposed personnel; and informing workers of the specific risks associated with solar exposure, among others.
- The provision of personal protective equipment is required as a complementary protective measure, depending on environmental conditions.
- Specific occupational medical surveillance is mandated, including dermatological screenings and ophthalmological evaluations.
MONTHLY REMINDER
Work on May 1 (public holiday for “Labor Day”)
Employees who have worked on May 1 are entitled to the following payments in addition to their monthly remuneration (which already includes payment for such public holiday): (i) a daily remuneration for the work performed; and (ii) a 100% surcharge. Alternatively, the work performed may be compensated with compensatory rest in lieu of such additional payments. Finally, it should be noted that, only if May 1 coincides with the employees’ mandatory weekly rest day, an additional daily remuneration shall be due (regardless of whether the employee worked on that day).