Littler Global Guide - Peru - Q1 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q1 2022 Global Guide Quarterly updates   Download full Q1 2022 Global Guide Quarterly

Amendment to Outsourcing Regulation

New Legislation Enacted

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

Supreme Decree 001-2022-TR, which was published on February 23, 2022, modified the Regulation of the Law of Outsourcing of Services. In this sense, it established a series of limitations that require companies that outsource services to evaluate a series of elements regarding the outsourced activities to ensure compliance with the new regulation, especially as it relates to the core business activities. The Decree also sets forth a maximum of 180 calendar days to comply with its provisions.

Requirement of Three Doses of the Vaccine for Work

New Order or Decree

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

Supreme Decree 030-2022-PCM, which was published on March 28, 2022, modified the decree that declared the National State of Emergency and set forth measures to follow during the reestablishment of the social coexistence. Among its provisions, it extended the state of emergency until April 30. Further, it established that starting on April 16, 2022, any person that performs in-person work must accredit their full vaccination status with the three doses of the vaccine. When this is not met, they must provide services through remote work. If the job is not compatible with remote work, they will be subject to a perfect suspension of work, which means the employee no longer performs their job and the employer is not required to pay a remuneration, though the employment relationship continues as valid.

Extension of Health Emergency

New Order or Decree

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

Supreme Decree 003-2022-SA, which was published on January 22, 2022, extended the Health Emergency from March 2, 2022 until August 28, 2022, for a total of 180 days. This extension also applies to other related measures linked to the emergency, such as the modification of work hours, the mandate to apply remote work for people in a situation of disability, classification of risk groups, treatment of pregnant and lactating employees, the suspension of medical examinations and facilities for family members of people from a risk group.

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.