Labor Newsletter - November 2025
Themes
LABOR NEWS
Designation of Personal Data Officer. - The deadline established in the progressive schedule contained in the Regulations of Law No. 29733, approved by Supreme Decree No. 016-2024-JUS, for owners of personal data databases with annual sales exceeding 2,300 Tax Units (UIT), who are required to designate a Personal Data Officer, expired on November 30, 2025.
From a labor perspective, it is worth mentioning:
- The Data Officer is not required to exclusively perform functions related to their designation.
- They can be an employee of the company or an external party.
- The designation is based on professional qualifications and, in particular, knowledge and experience in personal data protection.
For other owners of personal data databases subject to this requirement, the aforementioned Regulations establish different compliance dates, depending on their annual revenue level.
IMMIGRATION NEWS
Updating Foreigner Data. - The National Superintendency of Migration has established, as a prerequisite for carrying out any immigration procedure for foreigners with a Foreigner's Identity Card (change of immigration status, extension of residence, renewal of Foreigner's Identity Card, etc.), the updating of their data.
This includes:
- Photograph and biometric data.
- Usual address.
- Marital status.
- Information about employer, educational or religious institution.
- Passport number.
Additionally, all foreigners with a Foreigner's Identity Card must update their information with the National Superintendency of Migration whenever any changes occur, within a period of no more than thirty calendar days from the date of the event.
INSPECTIONS
The lack of assigned duties does not constitute an act of hostility when there are duly accredited objective reasons. - Lower levels of SUNAFIL(National Superintendency of Labor Inspection) proposed sanctioning a company for allegedly violating the dignity of a former employee, citing two main issues: the lack of assigned duties and the imposition of conditions for performing remote work.
However, the Labor Inspection Tribunal (TFL) concluded in Resolution No. 0289-2025-SUNAFIL/TFL-First Chamber that the company's actions did not constitute acts of hostility against the former employee, because:
- Regarding the lack of assigned duties for the former employee, the TFL determined that there was an objective and verifiable justification. This justification was based on the state of emergency and mandatory social isolation decreed by the Central Government. This situation constituted a valid reason for the lack of assigned duties, ruling out the existence of hostility on the part of the company.
- Regarding the conditions for implementing remote work, the Labor Court (TFL) concluded that the company offered this modality without committing any illegal acts or exceeding the employer's managerial authority. First, it was established that the acceptance of remote work depended solely on the former employee, thus ruling out any imposition by the company under its right to modify working conditions (ius variandi). Furthermore, the TFL verified that no regulations in force at the time were violated.
OCCUPATIONAL SAFETY AND HEALTH
The Law on Modernization of Social Security in Health was amended to benefit construction workers. - Law No. 32502 amended Law No. 26790, the Law on Modernization of Social Security in Health, to provide health and unemployment coverage to workers subject to the construction industry regime.
Among the new features are:
- The possibility for these workers and their dependents to access coverage provided they have contributed for at least two months (consecutive or not) within the calendar year in which the contingency began.
- Maintaining health coverage in the event of unemployment or temporary suspension of work. This coverage will be maintained for up to twelve months, provided they have contributed for three months in the last three years.
- For every six months of contributions, four months of waiting period are granted.
MONTHLY REMINDER
Letters from SUNAFIL requesting information on emergency prevention, preparedness, and response mechanisms. - SUNAFIL has sent mass letters to employers requesting: (i) a current emergency preparedness and response plan, (ii) a document or record guaranteeing the formation of the emergency brigade, and (iii) records of emergency response training drills.