Labor Newsletter - September 2026
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LABOR NEWS
Increase in the Minimum Living Wage (RMV)
Supreme Decree No. 015-2026-TR ordered an increase of S/ 170.00 in the RMV, to be implemented in two installments:
- S/ 100.00 effective October 1, 2026. As a result, the RMV has increased to S/ 1,230.00.
- S/ 70.00 through a Supreme Decree to be issued in the first half of 2027.
As a result, the RMV will increase from S/ 1,130.00 to S/ 1,300.00.
This increase affects, for example, the amount payable for the family allowance, the minimum remuneration for night-shift work, and the Beta Bonus under the agricultural labor regime.
Measures for the October 4, 2026 Regional and Municipal Elections
Supreme Decree No. 014-2026-TR establishes the following for the private sector:
For Polling Station Board Members:
- Board members who complete the training and carry out the function: One day of paid, non-compensable rest. This must be granted within 90 days following the elections, by agreement between the employer and the employee. In the absence of an agreement, the employer shall set the date.
- Board members who did not complete the training, or who were selected from among the voters present, and carried out the function: One day of paid, compensable rest, on Monday, October 5, 2026. The hours not worked shall be made up within the following 10 calendar days, or as otherwise determined by the employer.
For Voters:
- Voters who work in a location other than their voting location: Provided they prove that they voted, they are entitled not to work on Friday, October 2, Saturday, October 3, Sunday, October 4, and Monday, October 5, 2026. Working days are subject to compensation, by agreement between the employer and the employee. In the absence of an agreement, the employer shall set the date.
- Voters who work on election day at the same location as their voting location: Tolerance periods to vote, subject to compensation.
INSPECTIONS
Virtual Systems May Be Used to Request and Approve the Splitting of Vacation Leave
The Labor Inspection Tribunal (Tribunal de Fiscalización Laboral, "TFL") set aside a sanction imposed for the alleged unilateral granting of split vacation leave, on the following grounds:
- The company had implemented a "Vacation Management System." Through this system, employees requested their vacation leave, and the immediate supervisor approved, modified, or rejected the request. If the supervisor failed to act within five business days, the system automatically approved the vacation days selected by the employee by default.
- According to the TFL, the key issue was to verify whether the system allowed the employee to express his or her intent and whether such intent was duly considered by the employer.
- In this case, the company's system contained dematerialized agreements reflecting the intent of the parties involved. These agreements could not be altered and included a record identifying the start and end dates of the vacation leave, as well as the corresponding vacation period. Although no rule expressly regulates this mechanism in the labor context, the principles set forth in the Preliminary Title of the General Administrative Procedure Law support the conclusion that it is valid.
- The TFL reiterated that digital tools may validly expedite processes and simplify procedures, provided that they safeguard employees' rights and comply with applicable law. This requirement is satisfied where:
- employees propose dates for their vacation leave;
- the company approves such dates;
- the platform makes it possible to verify that the employee's expression of intent is free from defect, fraud, or duress; and
- prior to the leave period, a procedure is followed that results in the agreement required by law for the splitting of vacation leave.
(Resolución 0847-2026-SUNAFIL/TFL-Primera Sala)
OCCUPATIONAL HEALTH AND SAFETY
The Mere Failure to Update the Hazard Identification and Risk Assessment Matrix (IPER) Does Not, by Itself, Cause a Workplace Accident
The TFL set aside the charge brought against an industrial company. The inspection had alleged deficiencies in the company's Hazard Identification and Risk Assessment Matrix ("IPER," by its Spanish acronym) that were claimed to have caused a workplace accident.
The accident occurred when the employee was replacing a brake regulator without using the hydraulic press, which was the equipment required to perform the task under the applicable work procedure and the IPER.
The authority had initially attributed the deficiencies in the IPER matrix to the company, alleging that: (i) it failed to identify the hazards and risks associated with the employee's specific task; and (ii) it had not been updated within the one-year period established by law.
The TFL set aside the sanction, holding that neither of these deficiencies was the cause of the accident, since the measure that would have prevented the accident (and that was not recorded in the IPER) was never identified. Furthermore, no specific information that should have been updated within the preceding year, and whose absence allegedly caused the incident, was identified either.
(Resolution No. 860-2026-SUNAFIL/TFL)
REMINDER OF THE MONTH
SUNAFIL Sends Inductive Letters to Various Employers Requesting Information on the Registration of Employees in the Electronic Payroll
The agency has been requiring the submission of, among other documents:
- A list of employees registered in the electronic payroll from July 2026 through the date on which the requested information is submitted.
- A list of labor intermediation, labor outsourcing, contracting, subcontracting companies or entities, or other service providers with which the company has a current contractual relationship.
- A query of the SUNAT Electronic Issuance System (SEE)/Fee Receipts ("Recibos por Honorarios") – Recipient, for the last three (3) declared periods.