Littler Global Guide - Peru - Q3 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 Q3 2022 Global Guide Quarterly updates   Download full Q3 2022 Global Guide Quarterly

New Teleworking Law

New Legislation Enacted

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

Act 31572 was published on September 11, 2022, and it constitutes the new Teleworking Law. This new legislation combines the Remote Work and Teleworking frameworks. The law: (i) creates an obligation to compensate employees for internet and electricity costs; (ii) regulates the right of all teleworkers to disconnect; and (iii) prescribes the specific provisions that must be included in an employment agreement for a teleworking arrangement. Further, the law introduces a new set of administrative fines for noncompliance. The Act established an implementation period of 60 calendar days since the publication of the regulations for this new law. To date, the regulations have not been published.

Use of Masks in the Workplace

New Order or Decree

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

On September 29, 2022, the Supreme Decree 118-2022-PCM was published, extending the National State of Emergency for 31 calendar days, for the whole month of October. Among other provisions, the decree states that the use of masks is optional in open spaces and closed spaces with ventilation.

Whether workplaces are closed or open spaces is open to interpretation. Accordingly, employers are encouraged to assess their facilities and determine whether to modify their policy on the use of masks in the workplace, especially considering the employer’s obligation to safeguard employees’ health.

Extension of the Sanitary Emergency

New Regulation or Official Guidance

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

On August 16, 2022, the Supreme Decree 015-2022-SA extended the Sanitary Emergency until February 25, 2023. This extension means that other measures linked to the Sanitary Emergency – such as the modification of work hours, the mandate to apply remote work for people in a situation of disability, and pregnant and lactating employees – are also extended.

New Protocol for the Inspection of Outsourcing

New Regulation or Official Guidance

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

On August 23, 2022, the Superintendency Resolution N° 428-2022-SUNAFIL was published. This protocol is to assist with the inspection of compliance with the new outsourcing rules that are entering into force. Among other provisions, the protocol establishes the possibility of using technological means for the inspections, and sets forth a list of obligations on outsourcing for each company being inspected, and the way in which any noncompliance can be corrected or, otherwise, sanctioned with an administrative fine.

Modifications to the Guideline for the Surveillance of Employees’ Health

New Regulation or Official Guidance

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

The Ministerial Resolution 675-2022/MINSA, published on September 3, 2022, modifies the Guideline for the surveillance, prevention and control of the employees’ health before the risk of exposure to the SARS-CoV-2, approved through the Ministerial Resolution 1275-2021/MINSA.

The main modification in this new Resolution is that it eliminates the requirement of full vaccination against COVID-19 to be able to perform in person work and establishes that it is only preferred that employees are duly vaccinated against COVID-19. Other important changes include the introduction of Annex 10, regarding the guide for the use of CO2 in work environments, and the simplification of the procedure to return to in-person work for personnel in the 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.