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The main measures ordered by the Government are the following:

(i) Compulsory social isolation : The State of National Emergency (EEN) is extended until June 30, during which the compulsory social isolation and restriction of movement of people and vehicles continues.

(ii) Resumption of activities : In addition to the activities of Phase 1, the resumption of other activities is authorized, such as e-commerce services for the sale of clothing, footwear and household appliances, diagnostic support services, dentistry, ophthalmology , rehabilitation, human reproduction, veterinary, mobile application services for home delivery services, technical services and independent professionals such as computer technicians, plumbing, gardening, electricity, equipment maintenance and repair, among others.

Prior to restarting activities, the applicable protocols by sector must be complied with and the COVID-19 surveillance, control and prevention plan must be implemented, which must be approved and registered in the Integrated System for COVID-19 (SICOVID-19) of the Ministry of Health.

Those companies that were providing essential services since before the gradual and progressive resumption of economic activities must comply with the foregoing, without prejudice to continuing to carry out their activities.

(iii) Withdrawal of AFP funds : Members of the Private Pension System (SPP) are empowered to withdraw voluntarily and extraordinarily 25% of their pension funds accumulated in their Individual Capitalization Account, for a minimum amount of 1 ITU (S / 4,300.00) and with a cap of 3 ITU (S / 12,900.00).

(iv) New definition of risk group : Includes people over 65 years of age or who have comorbidities such as uncontrolled hypertension, diabetes mellitus, severe cardiovascular disease, moderate or severe asthma, chronic lung disease, chronic kidney failure under treatment with hemodialysis, obesity with a body mass index of 40 or more, other diseases or immunosuppressive treatments.

(v) Face-to-face work of workers in risk groups : In case these workers wish to go to work, they may sign a sworn declaration of voluntary responsibility assumption, with the format approved by the Ministry of Labor and Employment Promotion, following a procedure and specific deadlines, with the participation of a doctor responsible for health surveillance in the workplace, in accordance with the provisions of Ministerial Resolution No. 099-2020-TR.

(vi) Facilities for the care of relatives diagnosed with COVID-19 or within a risk group: Workers who are the only caretakers of direct relatives diagnosed with COVID-19 or within the risk group who are not hospitalized, have the right to be granted the following facilities: (i) leave with the benefit of having been compensated later; (ii) reduction of the workday subject to subsequent compensation; (iii) reorganization of work schedules, shift work or remote work; (iv) temporary permits during the workday subject to subsequent compensation; or (v) any other facility that is relevant. In the absence of an agreement, the worker decides within the options proposed by his employer, which should not imply the reduction of remuneration or social benefits.

(vii) Measures that facilitate communications and management of individual and collective work relationships : The use of (i) digitization, information and communication technologies for the replacement of physical documents and holographic signatures for issuance, referral and preservation of documents in labor matters; (ii) information and communication technologies, such as audio and video recording, e-mail, among others, for carrying out acts typical of union activity; and (iii) electronic mail, or other suitable digital means of communication, for communications between union organizations and employers.

JURISPRUDENCE

Constitutional Court validates that the employer discounts taxes and social security contributions on amounts ordered in labor judgments.- Through Judgment No. 05445-2014-AA / TC Santa, the Constitutional Court determined that on the amount ordered to be paid in a labor judgment As a matter of res judicata, discounts can be made for Income Tax and AFP, while such payments constitute legal obligations.

The procedural deadlines and judicial work will remain suspended until June 30.- The Executive Council of the Judiciary has adopted the following measures:

(i) Judicial work and procedural deadlines will remain suspended until June 30.

(ii) As of June 17, the institutional protocols will be in force to prepare for the resumption of activities.

(iii) Starting July 1, hearings will be scheduled and rescheduled.

(iv) Hearings will begin to take place from July 17 via remote means or, exceptionally, in person.

The Constitutional Court implements the presentation of written documents by digital means.- As of May 25, the writings of all pending cases or those that must be processed through the virtual window and institutional email ( [email protected]. pe ).

Likewise, the procedural deadlines remain suspended until June 30.

INSPECTIONS

New version of Directive 002-2017-SUNAFIL on "Service for attention to labor complaints" .-   The main aspects included in this new version are summarized below:

(i) The labor complaint can be presented in person or virtual.

(ii) Notification to the employer is made through electronic communications that include the use of the Electronic Box of the SUNAFIL Electronic Notification Computer System.

(iii) In an inspection order, it is possible to accumulate and attend to several complaints filed against the same employer, as long as they deal with the same matters or periods, and the requisite measure has not been issued.

(iv) In the event of complaints about breaches of a remedial nature, the Administrative Conciliation of labor disputes is mandatory prior to the initiation of the inspection proceedings. If the parties do not reach an agreement, the inspection order is generated.

(v) Complaints are processed through the Compliance Management Module (MGC) when: (i) the reported events do not relate to the violation of fundamental rights, or situations that may put life or safety and health at risk, ( ii) no greater risk is generated by processing through the MGC, and (iii) they are not part of the list of complex matters issued by SUNAFIL.

In these cases, the employer is notified, electronically, with an inductive letter granting him a period of 5 days to prove compliance with the reported obligations. Failure to comply with the requirement orders the initiation of the inspection proceedings.

(vi) Complaints about arbitrary dismissal, fatal workplace accident, strikes or work stoppages, closure of the workplace, proof of cessation, suspension of work, collective termination of contracts, sexual harassment at work or other matter that requires urgent intervention, the start of the inspection proceedings is carried out on the same day that the labor inspector receives the inspection order.

Extension of deadlines. SUNAFIL has extended until June 10, 2020, the suspension of the calculation of the deadlines for inspection actions, administrative sanctioning procedures, procedures for access to public information, fractioning of fines and coercive execution.

SECURITY AND HEALTH AT WORK

Temporary closure or stoppage of activities in the event of a COVID-19 outbreak in the workplace. In the event of an outbreak in the workplace, the following procedure will be followed:

(i) The health authority defines the “outbreak” situation according to the regulations of the Ministry of Health.

(ii) Said authority immediately informs SUNAFIL of this event.

(iii) SUNAFIL performs the corresponding inspection actions to eventually determine the stoppage of activities or temporary closure of the economic unit or a part of it.

(iv) The corresponding procedure for applying the measure is followed, and an act must be drawn up that will be immediately notified to the company.

Workers must undergo a digital discard triage of COVID-19 before going to their workplace. - Workers who rejoin or have been coming to their workplace, must perform a differentiated digital triage through the following link: https : //www.gob.pe/8665-sintomas-del-coronavirus-conocer-si-puedo-haber-contraido-el-covid-19. In case of having symptoms of suspected COVID-19 infection, the worker must immediately communicate the results to his employer through the use of some information technology; not going to work and contacting your first level of care health facility.

This obligation does not detract from that of the employer to carry out the surveillance of workers' health and the corresponding clinical follow-up in the event of a suspected or confirmed case by COVID-19.

 

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