Littler Global Guide - Peru - Q1 2020

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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Collective Bargaining of the Public Sector

New Order or Decree

Authors: César Gonzáles Hunt, Partner - Philippi Prietocarrizosa Ferrero DU & Uría

On January 23, 2020, the government published new provisions for the collective bargaining of the public sector. Emergency Decree N°014-2020 identifies which public entities can participate in collective bargaining, as well as at what levels. As an important addition, an Economic and Financial Report is now required to commence bargaining meetings. After the Decree’s publication, only entities registered with the National Registry for Arbitrators will be able to participate in collective bargaining of the public sector.

Regulatory Provisions for Life Insurance

New Order or Decree

Authors: César Gonzáles Hunt, Partner - Philippi Prietocarrizosa Ferrero DU & Uría

On February 10, 2020, the Ministry of Labor and Promotion of Employment published Supreme Decree N°009-2020-TR, which establishes a regulatory framework for the mandatory life insurance that all employers must have for their employees. Whereas, under the former framework, employers were required to provide life insurance only after the employee had accumulated four years of service; currently, it must be provided as soon as the employee is hired. The Decree also sets rules and deadlines for the availability of each life insurance benefit, whether based on a natural death, accidental death, or total and permanent disability due to an accident.

COVID-19: Exceptional and Temporary Measures to Prevent Spread

New Order or Decree

Authors: César Gonzáles Hunt, Partner - Philippi Prietocarrizosa Ferrero DU & Uría

Peru declared a National State of Emergency until April 12, 2020. Pursuant to Emergency Decree N°026-2020, published on March 15, 2020, employers can implement remote work for employees who do not provide essential services. Remote work is mandatory regarding all employees that are part of a “high risk group” that includes individuals 60 years old or older and those with a condition affecting their immune system. However, remote work cannot be imposed for employees on a sick leave or with COVID-19.

COVID-19: Measures to Reduce Impact on Peruvian Economy

New Order or Decree

Authors: César Gonzáles Hunt, Partner - Philippi Prietocarrizosa Ferrero DU & Uría

Emergency Decree N°029-2020, published on March 20, 2020, authorizes both public and private employers, until June 9, 2020, to modify workdays and work hours. It also authorizes employers to reach agreements with each of their employees to regulate how the quarantine period will be carried out when remote work cannot be implemented. Where there is no agreement between employer and employee, the employer must grant a paid leave, subject to subsequent compensation of the unworked hours once the State of Emergency ends.

COVID-19: Work From Home in the Private Sector

New Order or Decree

Authors: César Gonzáles Hunt, Partner - Philippi Prietocarrizosa Ferrero DU & Uría

Under Decree N°010-2020-TR, published on March 24, 2020, employers must communicate individually, through virtual or physical means, any changes to remote work arrangements. Employers must also inform employees about all security and health measures the employees should take into account when performing remote work. The workday cannot exceed the legal limit of 8 hours per day or 48 hours per week. Additionally, employees performing remote work must be available throughout the whole work day, through the communication means agreed upon with the employer.

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.