Littler Global Guide - Peru - Q1 2023

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

Download full Q1 2023 Global Guide Quarterly

Extension of the Sanitary Emergency

New Order or Decree

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

The Supreme Decree 003-2023-SA, published on February 24, extended the Sanitary Emergency from February 25 until May 26, 2023, for a total of 90 days. This extension also signifies the extension of other measures linked to the Sanitary Emergency such as the modification of work hours, the suspension of medical examinations, the extension of the mandate from the employees’ representatives before the Safety and Health Committee, the suspension of audits to the Safety and Health at Work Management System, and facilities for family members of people from the risk group.

New Directive for the Verification of Arbitrary Dismissal

New Regulation or Official Guidance

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

On February 10, the Superintendency Resolution 074-2023-SUNAFIL was published. This Resolution approved the second version of the Directive for the verification of arbitrary dismissal for impediment of entrance to the workplace. This document is to be followed by Labor Inspectors for purposes of verifying an arbitrary dismissal in the situation described.

Regulation of the Teleworking Law

Upcoming Deadline for Legal Compliance

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

Supreme Decree 002-2023-TR, which approves the new Regulation for the Teleworking Law 31572, was published on February 26, 2023. This new regulation sets forth a number of obligations for the implementation of telework, namely regarding the parties’ rights and obligations, the agreement for the change of modality from in-person to telework, work equipment supplies and compensations, occupational health and safety, among others.

All of the obligations mentioned must be adopted by employers who wish to use this modality and the deadline for compliance with these provisions is April 28, 2023.

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.