Labor Newsletter - June 2026
Themes
LABOR NEWS
Null Dismissal Based on a Cancer Diagnosis
Supreme Decree No. 008-2026-TR has regulated this new ground for null dismissal introduced by Law No. 32431.
The Supreme Decree incorporates Article 48-A into the Regulations of the Employment Promotion Law, establishing the following provisions:
- A dismissal is null and void if it is based on a cancer diagnosis, its treatment, or any resulting effects.
- A dismissal is presumed to be based on such grounds when the employer fails to prove a just cause unrelated to the employee's health condition.
- A finding of null dismissal requires that the employer was aware of the employee's cancer diagnosis, treatment, or resulting effects before the dismissal took place.
- An employee who informs the employer of a cancer diagnosis, treatment, or resulting effects must support such notification with a certificate issued by a duly licensed medical professional.
- If the duties performed by an employee diagnosed with cancer pose a risk to the employee's health or safety, the employer must implement reasonable workplace accommodations. The employee's remuneration may not be reduced.
New Criterion on Withdrawal of Trust
Labour Cassation No. 29553-2024 holds that an employee whose position of trust is withdrawn is entitled to compensation for unfair dismissal, even if the employee was classified as a trust employee from the beginning of the employment relationship.
This decision was adopted by majority vote of the Fourth Temporary Chamber of Constitutional and Social Law of the Supreme Court.
In reaching this decision, the Chamber departs from the legal criterion established by the Seventh Supreme Jurisdictional Plenary of 2018, which held that employees hired directly into trust or managerial positions were not entitled to compensation for dismissal following the withdrawal of trust.
INSPECTIONS
A “Suggestion” to Resign from a Trade Union May Constitute the Promotion of Union Disaffiliation
The Labour Inspection Tribunal (TFL) of SUNAFIL upheld the sanction imposed on a company for committing a very serious labour relations violation, finding that its conduct infringed the employee's freedom of association.
In this case, the company's lawyer sent a WhatsApp message to an employee affiliated with a trade union stating: “I suggest that you resign from the union for your health, your family, your financial well-being, because of the agreement we have, and to avoid problems at work (…).” The company argued that the message was merely a suggestion.
The TFL held that the violation does not require threats, coercion, or an express demand to resign from the union. It is sufficient that the employer's conduct promotes union disaffiliation or interferes with the autonomy of the trade union. Even though the communication was framed as a suggestion, the Tribunal found that it encouraged the employee to leave the union and constituted interference with the union's autonomy.
(Resolution No. 0801-2026-SUNAFIL/TFL–First Chamber)
OCCUPATIONAL HEALTH AND SAFETY
MINSA Establishes Provisions for the Promotion of Health in the Workplace
Ministerial Resolution No. 546-2026/MINSA, issued by the Ministry of Health, approved the technical document “Health Promotion in the Workplace.” The document aims to encourage healthier habits, behaviours, and lifestyles within the employment relationship.
The document is not mandatory. Rather, it provides guidance and emphasizes healthy eating, hygiene and workplace environment, physical activity, sleep hygiene, sexual and reproductive health, mental health and respectful treatment, life skills, and road safety and traffic awareness.
Employers Must Continuously Monitor Workplace Safety Conditions
The Labour Inspection Tribunal (TFL) reaffirmed this principle by upholding a sanction imposed on a company following an accident involving an employee who was handling caustic soda.
Although the company had provided an appropriate workspace and training for the employee, it failed to effectively monitor workplace safety conditions.
The TFL took into account the absence of a specific procedure for carrying out the activity, the lack of digital thermometers in the work area, and the failure to provide adequate personal protective equipment.
(Resolution No. 784-2026-SUNAFIL/TFL–First Chamber)
MONTHLY REMINDER
SUNAFIL Issues Compliance Letters Requesting Information on Profit-Sharing Payments for Fiscal Year 2025
The authority is requiring various employers to submit, among other documents, the following information: the profit-sharing calculation statement; proof of payment, such as deposit receipts, bank transfer confirmations, or other documents evidencing payment; and the Annual Corporate Income Tax Return for fiscal year 2025.