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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Authorization for the Withdrawal of Pension Funds

New Legislation Enacted

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

On May 21, 2022, Act 31478 was issued, allowing affiliates to a Private Pension Entity to withdraw up to a total of PEN 18,400 (four tax units) from the individual capitalization account of their pension funds. This benefit can be accessed one time only. The withdrawal of funds is intangible except for withholdings derived from alimony debts (up to a maximum of 30%). The specific procedure for this withdrawal was set forth through Resolution 1767-2022/SBS and, in general, states that after the request is made, one tax unit will be deposited each 30 calendar days. On the third deposit, the remaining amount will be delivered in full.

Authorization for the Withdrawal of CTS Funds

New Legislation Enacted

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

On May 25, 2022, Act 31480 was published. This act authorizes the withdrawal of the compensation for time of services (CTS), a benefit granted to all employees twice a year for the equivalent of half a remuneration and which is deposited in a bank account that employees have access to only upon the termination of the employment relationship. The possibility of withdrawal is meant to cover economic needs caused by the pandemic and allows the free disposition of 100% of the deposits.

The benefit, that was previously granted until the end of 2021, is now available until December 31, 2023. The Regulation of this Act was published on June 5, 2022, through Supreme Decree 011-2022-TR.

Annual Compensable Leave for Oncological Examinations

New Legislation Enacted

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

Act 31479 published on May 25, 2022, made an addition to the National Cancer Law, to recognize the right of all employees of the private and public sectors to a compensable leave of up to two working days a year to undergo preventive oncological examinations. To access the leave, employees have to coordinate their leave with their employer and show the medical order indicating the examinations to be performed. Afterwards, employees shall present the documents that accredit the medical care received. The opportunity to compensate the hours not worked shall also be agreed.

Addition of Very Serious Infringements in Labor Matters

New Order or Decree

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

On April 21, 2022, the Supreme Decree 004-2022-TR was published, modifying the Regulation of the General Labor Inspection Law, Supreme Decree 019-2006-TR. This Decree set forth two new very serious infringements that can be identified and are subject to a fine by the Labor Inspection Authority (SUNAFIL), in the context of the Sanitary Emergency and the National State of Emergency.

The first one refers to allowing people that do not have the complete COVID-19 vaccination to enter the premises of the work center or stay to provide services in person. The second one is upon the noncompliance of any provision related to people that provide services and do not have the full vaccination against COVID-19, according to the current regulation, in relation to their return to in person activities in work centers.

Protocol for Oversight in Sexual Harassment Matters

New Regulation or Official Guidance

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

The Superintendency Resolution 257-2022-SUNAFIL approves Version 02 of the Protocol for oversight of sexual harassment matters. This new version sets forth certain changes, among which it now expressly includes the protection against sexual harassment for domestic workers, the reinforcement of the nonrevictimization principle and the introduction of the bill of rights of the complainant, among others.