Labor Newsletter - July 2026
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LABOR NEWS
Increase in the Minimum Monthly Wage Announced
In the Presidential Address delivered on July 28, 2026, the Government announced an increase in the Minimum Monthly Wage (RMV) to PEN 1,300. The corresponding regulation establishing its effective date is still pending publication.
Teleworking Regulations Amended
Among the amendments introduced by Supreme Decree No. 009-2026-TR, the most relevant are the following:
- Expands the minimum content requirements of teleworking agreements.
- Requires employers to provide channels through which teleworkers may report technical failures.
- Requires the implementation of active breaks.
- Requires teleworkers to allow employers access to the teleworking location to conduct inspections.
- Places particular emphasis on risks arising from exposure to physical, chemical, and biological agents, as well as premises-related and electrical hazards, ergonomic risks, and psychosocial risk factors.
- Clarifies the rules governing activities unrelated to work performed during working hours.
Right to Seated Rest and Alternating Standing and Sitting Regulated
Law No. 32721 requires employers whose employees perform work in a standing position for more than three consecutive hours to comply with the following obligations:
- Provide chairs or seats with backrests that meet minimum ergonomic requirements.
- Ensure alternating standing and sitting postures, or provide seated rest periods.
- Include the relevant provisions in the Internal Occupational Safety and Health Regulations (RISST).
- Monitor measures related to the associated risks, with the participation of the Occupational Safety and Health Committee (SST) and the advice of the Occupational Safety and Health Service.
None of these obligations apply where standing is inherent to the nature of the work or where sitting would pose a risk to the safety of users, customers, or employees. In such cases, employers must provide active breaks, task rotation, or equivalent rest periods.
Although the Law is subject to implementing regulations, it is immediately applicable. The only obligation subject to a specific compliance period is the amendment of the Internal Occupational Safety and Health Regulations (RISST), which must be completed by July 4, 2027.
INSPECTIONS
SUNAFIL Clarifies the Elements of Constructive Dismissal Arising from the Transfer of an Employee
A change in the employee's workplace will be valid provided that:
- It responds to a legitimate business need.
- It is reasonable in light of the extent of the change.
- It does not cause economic or moral harm to the employee.
It is the employer's responsibility to demonstrate that the measure is reasonable and justified by business needs. Failing this, it is irrelevant whether the employee has proven that any harm was suffered.
The Tribunal further stated that an intention to cause harm may be inferred where the measure lacks reasonableness or clearly articulated business justification, or where it constitutes retaliation against the employee for exercising his or her rights or refusing to comply with improper requests made by the employer.
The Labor Inspection Tribunal (TFL) held that an act of hostility cannot be inferred solely from the fact that an employee has been transferred or assigned different duties. Rather, it is necessary to establish a legally relevant detriment and an abusive or unreasonable exercise of the employer's ius variandi.
In the case at issue, the labor inspector verified that the employee had been assigned to various workplaces and had performed duties outside his job category but failed to substantiate the alleged harm. The TFL therefore concluded that the infringement had not been proven and set aside the penalty.
(Resolution No. 0887-2026-SUNAFIL/TFL-First Chamber)
OCCUPATIONAL SAFETY AND HEALTH
Occupational Health Surveillance and the Provision of Equipment for Remote Work Are Separate Obligations
The Labor Inspection Tribunal (TFL) reaffirmed this distinction in a recent decision involving an employer accused of causing harm to an employee.
The employee alleged that he had suffered vision and spinal problems because his employer had failed to provide him with a larger monitor and an ergonomic chair while working remotely. The employee held the position of Personnel Administration Coordinator.
The employer was sanctioned for failing to carry out the employee's occupational health surveillance. However, the TFL overturned the sanction after finding that the employee had, in fact, undergone occupational medical examinations, which identified pre-existing medical conditions and obesity—factors that had not been taken into account by the lower instances.
The TFL emphasized that a finding of non-compliance with occupational health surveillance obligations requires a comprehensive assessment of several technical factors, including the nature of the work performed, the type of activity, the employee's medical history, and other relevant circumstances that had been overlooked during the investigation.
(Resolution No. 0135-2026-SUNAFIL/TFL-Second Chamber)
MONTHLY REMINDER
SUNAFIL Issues Compliance Letters Requesting Information on Workplace Sexual Harassment Obligations
SUNAFIL has been issuing compliance letters requiring employers to submit: (i) their internal policies for the prevention and sanction of workplace sexual harassment, including reporting channels, investigation and disciplinary procedures, and the applicable timelines for each stage; and (ii) documentation evidencing that employees hired between January 2026 and the date of receipt of the compliance letter received training on workplace sexual harassment at the commencement of their employment relationship.