Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
Download full Q4 2020 Global Guide Quarterly
New Law Covering Domestic Workers
New Legislation Enacted
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
The newly enacted Act 31047 establishes new provisions on domestic workers, including enhancement of benefits and bonuses, and amends the legislation in respect to compensation for services, vacations, and the recognition of full compensation for work on holidays. Additionally, domestic workers now are entitled to earn the minimum wage and have written employment contracts. The contracts must be submitted to the Ministry of Labor. Significantly, under this new law, the termination of domestic workers must comply with the same rules that apply to other employment contracts. This means they cannot be dismissed without a just cause, and they are entitled to monetary compensation or their reinstatement when dismissed without just cause. The act entered into effect on October 1, 2020.
Measures to Recover Formal Jobs and Extension of Remote Work
New Order or Decree
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
Emergency Decree 127-2020, published on November 1, 2020, sets forth a series of measures for the recovery of formal jobs in the private sector. It provides subsidies for qualifying employers that can establish that they have hired new employees within the last few months. It also allows employers to rehire permanent employees who had been dismissed. Additionally, it extends the term for which employers can implement remote work, until July 31, 2021. Further, it amplifies certain obligations for employers that are using remote work, such as the right of digital disconnection that all employees have during resting periods.
Extension of State of Emergency and Related Measures
New Order or Decree
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On November 27, 2020, Supreme Decree 031-2020-SA extended the Sanitary Emergency that was set to end on December 6, for 90 calendar days (i.e., until March 6, 2021). Other measures connected with the declaration of Sanitary Emergency are extended, as well, including: (i) the mandate to implement remote work for people in risk groups (e.g., based on age or medical reasons); (ii) the requirement to grant paid leave to employees who are unable to work due to the nature of the job; (iii) the possibility to modify work schedules to protect the safety and health of employees; (iv) allowing employees to access employment facilities when employees’ family is part of a risk group; and (v) various measures on workplace health and safety obligations relative to taking medical occupational exams, Safety and Health Committees, mandatory trainings, among others.
New Guidelines for COVID-19 Protocols for the Workplace
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On November 29, 2020, the Ministry of Health issued Ministerial Resolution 972-2020-MINSA, establishing guidelines for COVID-19 Biosecurity Plan for the Workplace, which employers must perform for all in-person operations. Although it repeals the previous resolution on the matter (i.e., Ministerial Resolution 448-2020-MINSA), the majority of the content is the same. Among the changes are new definitions for concepts, such as “medium risk” and “low risk” jobs. Additionally, the new resolution amends the protocol for taking employees’ temperature, COVID-19 testing, and physical distancing (which is now one meter).
Directive on Verification of Arbitrary Dismissal
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On November 20, 2020, the National Superintendence of Labor Inspection (Sunafil) published a resolution, approving Directive 003-2020-SUNAFIL on the verification of arbitrary dismissal. Under the Directive, requests for verification of dismissal may be submitted in person or online; both methods are deemed equally valid. Note, during an inspection, the authorities are primarily focused on verifying the circumstances underlying a claim of arbitrary dismissal. An inspector who concludes that a dismissal was arbitrary will issue an Arbitrary Dismissal Verification Finding. Former employees claiming an arbitrary dismissal and seeking severance or reinstatement may subsequently use such findings of fact.