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Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
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Suspension of Work to Mitigate Economic Effects
New Order or Decree
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On April 14, 2020, the government published Emergency Decree 038-2020, establishing the perfect suspension of work as an extraordinary measure for employees. As an exceptional measure, the perfect suspension of work is allowed only when remote work and remunerated leave subject to later compensation are not possible due to the nature of the job, or when the economic situation of the employer is such that it is the only option to maintain the employment relationship. Also, employers are required to apply alternative mechanisms before implementing the perfect suspension. This measure will be subject to later inspection by the Labor Administrative Authority and, if it has not been correctly applied, could be left without effect. This Decree has been later further regulated through the Supreme Decree 011-2020-TR.
Extension of the Sanitary Emergency
New Order or Decree
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On June 4, 2020, through the Supreme Decree 020-2020-SA, the government established the extension of the Sanitary Emergency for 90 additional days, scheduled to end on September 7, 2020. This decree, therefore, extends a number of labor measures, such as the ability to perform remote work, the obligation to maintain employees that belong to the risk group (because of their age or medical factors) performing remote work, the power to modify work schedules, among others.
Protocol for the Inspection of the Perfect Suspension of Work
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On June 25, 2020, the Labor Inspection Authority, Sunafil, approved the latest version of its protocol for the inspection of the perfect suspension of work. The protocol now reflects the modifications made by the Supreme Decree and the Emergency Decree and recognizes the exceptions that can be made in various scenarios. For example, employers with 100 or fewer employees can apply the perfect suspension without adopting alternative measures. The same applies for employers with a total of zero income in the month prior to the suspension.
Guidelines for Employers’ COVID-19 Prevention Plans
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On June 30, 2020, the Health Ministry published Ministerial Resolution 448-2020-MINSA, updating the guidelines that employers must follow to prepare a COVID-19 Prevention Plan to restart their activities, when allowed by law. This plan, which needs to be submitted to the Ministry of Health, will be automatically approved, but will be inspected thereafter to verify compliance. The guidelines address the cleaning and disinfection of workplaces, the evaluation of the employees’ health upon return or reincorporation to work, personal protection measures and continuous surveillance of the employees’ health in light of COVID-19. Finally, the plan must be updated whenever the employer is allowed to perform additional activities to the ones previously approved or as needed.
Affidavits for High-Risk Individuals Who Wish to Return to the Workplace
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On May 27, 2020, the Ministry of Labor published the Ministerial Resolution 099-2020-TR that approves the Affidavit model and procedure for employees that are part of the risk group and, although having the obligation to perform remote work, wish to perform in person work. Through this Resolution, employees that are considered of special risk due to medical factors or because of their age, will be able to perform in person work when they voluntarily decide to, by signing an affidavit certifying that they assume the responsibility for putting themselves at risk. For this affidavit to be valid, the employer must follow various steps, including the evaluation of the employee by the occupational doctor, to determine they are, in fact, able to go back to work.