Regulation With Labor Incidence

Urgency Decree No. 026-2020, published on March 15, 2020: "Urgency Decree establishing various exceptional and temporary measures to prevent the spread of the Coronavirus (COVID-19) in the national territory."

Find the standard here

Measures:

• In the framework of the Health Emergency by COVID 19, employers are empowered to modify the place of provision of services for all their workers through remote work, whenever the nature of the work allows it.
• When the nature of the work is not compatible with remote work, the employer must grant a leave with enjoyment subject to compensation.
• Remote work will not be applicable to workers confirmed with COVID 19 or medical rest, in which case the imperfect suspension of work operates with payment of remuneration.
• Workers who cannot enter the country due to the provisions of the Ministry of Transport and Communications within the framework of COVID 19, may carry out remote work from the place where they are located.
• The equipment and computer, telecommunications and similar means (internet, telephony or others), or others that are necessary for the provision of services may be provided by the employer or the worker.
• Workers considered in the risk group must be identified and prioritized, that is, people over 60 years of age and / or who have clinical symptoms of high blood pressure, diabetes, cardiovascular diseases, chronic lung diseases, cancer, among others, in order to apply remote work on a mandatory basis.
• Regarding the training modalities, the aforementioned lines will be applied as appropriate.

Urgency Decree No. 029-2020, published on March 20, 2020: “Urgency decree whereby they issue complementary measures aimed at financing micro and small businesses and other measures to reduce the impact of COVID-19 on the Peruvian economy ”.

Find the standard here

Measures:

• Public and private sector employers are authorized so that, during the term of the Health Emergency, they can modify and establish in a staggered manner the work shifts and schedules of their workers and civil servants as a preventive measure against the risk of spread of COVID-19, without prejudice to the right to compulsory weekly rest.
• During the validity of the State of National Emergency in the public and private sectors, it is provided that the employer must apply the following measures in order of priority:

1. Whenever the nature of the work allows it, choose to implement remote work.
2. In the case of those activities in which remote work cannot be applied, employers must grant a valid license, which will be regulated according to the terms agreed by the parties or, failing that, compensation of days after the validity of the State of National Emergency.

Supreme Decree No. 010-2020-TR, published on March 24, 2020: "Supreme Decree that develops provisions for the Private Sector, on remote work provided for in Emergency Decree No. 026-2020."

Find the standard here

Measures:

• Aspects related to communication to the worker of the application of remote work are regulated.
• Details are given regarding the means used to carry out remote work and the compensation of expenses.
• Duties related to Occupational Safety and Health are specified.
• Aspects related to remote working hours are developed, as well as regarding the prioritization of risk groups.
• It is specified that the provisions will be in force during the period of the Sanitary Emergency declared by the Ministry of Health due to the existence of COVID 19.
• New very serious administrative infractions are foreseen for the breach of the exceptional and temporary labor provisions to prevent the spread of COVID 19 in the national territory:

1. Provide, demand or allow the entry or permanence of people to provide services in work centers whose activity is not exempt from the declared State of National Emergency or for tasks that are not strictly necessary within the scope of the exception.
2. Failure to comply with the regulations applicable to remote work for workers considered to be in the risk group for periods of national and health emergency.

A very serious administrative infraction could amount to at least S/ 11,309 and at most S/ 225,879, depending on the number of workers affected.

Superintendence Resolution No. 74-2020-SUNAFIL, published on March 24, 2020: "Resolution approving Protocol No. 003-2020-SUNAFIL / INII on the exercise of the inspection function during the State of Emergency."

Find the standard here

Measures:

• Aspects related to the calculation of deadlines of inspective actions and sanctioning administrative procedures are regulated, as well as administrative procedures subject to negative or positive silence from the Labor Inspection System.
• Likewise, the suspension of administrative procedures and procedures of any kind that are subject to time limits is regulated, including procedures for access to public information, fractionation of payment of fines and coercive execution of SUNAFIL.
• It is specified that, during the period of validity of the declaration of Sanitary Emergency, the Labor Inspectorate exercises its functions of monitoring and demanding compliance with social and labor regulations and Occupational Health and Safety, especially to guarantee compliance with the measures exceptional and temporary to prevent the spread of the coronavirus (COVID-19). The inspective actions can be carried out through information request by any electronic communication system.
• The inspectors must initiate the inspection actions on the day of the receipt of the inspection order, the same as duly accredited are empowered to enter freely at any time of the day or night without prior notice in all work centers and remain the time that the investigation it is warranted, and may be accompanied by members of the National Police, Public Ministry, Armed Forces, among others.
• Appearances that involve showing up at the public office are temporarily suspended during the State of Emergency, so inspecting personnel must request and receive information through the use of information and communication technologies.
• The inspection staff will verify whether or not the workplace is included in the permitted activities, as well as the adequate labor provision to guarantee essential services and goods. Likewise, it will verify that the measures have been taken on the application of remote work or the granting of a license with the benefit of having been compensated.
• In case it is noticed that the employer, despite not being within the excepted activities, continues to operate and compel its workers to attend, the National Police of Peru, the Public Ministry, the Armed Forces or the Municipality will be notified so that the measures are adopted relevant.

Ministerial Resolution No. 072-2020-TR, published on March 26, 2020.

Find the standard here

Measures:

• The document called “Guide for the application of remote work” is approved, in order to provide relevant information to guide employers and workers in the application of remote work during the period of the State of National Emergency.

Urgency Decree No. 037-2020, published on April 12, 2020: "Urgency Decree whereby they issue complementary measures aimed at Health Sector in the framework of the Health Emergency due to the effects of COVID-19".

Find the standard here 

Measures:

• Among the main measures approved, the following stand out: i) the granting of life insurance to healthcare personnel, ii) the creation of the SERVICER which authorizes the incorporation of health personnel without SERUMS, iii) the financing of transportation of personnel to and from the work centers and iv) the possibility of hiring personnel for the prevention, control, diagnosis and treatment of COVID-19 in health establishments and the INS, under the CAS regime and the exemption from public tender.

Urgency Decree No. 038-2020, published on April 14, 2020: "Urgency Decree whereby they issue complementary measures aimed at the economic effects caused to workers and employers before COVID-19 and other measures."

Find the standard here

Measures:

• For private sector companies, there is: i) the possibility of applying the perfect suspension of work when it is not feasible to implement the remote work modality; ii) the postponement of the CTS deposit from May 2020 until November, unless the worker is under a perfect suspension of work or his gross remuneration is up to S/ 2,400.

• In the case of workers who are included in a perfect suspension of work, it is established: i) the continuity of ESSALUD benefits; ii) the provision of the CTS for up to a gross monthly remuneration for each calendar month past due for the duration of the perfect suspension of work; iii) the advancement of the bonus for the month of July 2020; iv) an exceptional financial benefit for a maximum amount of S / 760, up to a maximum period of three months, for workers belonging to the microenterprise; and v) the extraordinary withdrawal of up to S/ 2,000 from the Individual Capitalization Account (CIC) of members of the Private Pension Fund Administration System.

Ministerial Resolution No. 111-2020-MINEM / DM, published on April 15, 2020.

Find the standard here

Measures:

• The Protocol for the implementation of prevention and response measures against COVID-19 is approved within the framework of the transfer of personnel from Mining Units and Production Units, in compliance with the provisions of section 3.11 of Article 3 of the Supreme Decree No. 051-2020PCM, incorporated by Supreme Decree No. 068-2020-PCM.
• In this sense, guidelines are issued to guarantee the mining companies the demobilization of those personnel who are in the Mining Units or Production Units, who have completed the workday according to their special labor regime or isolation social obligation, and can return to his residence or habitual place of work.

Supreme Decree No. 011-2020-TR, published on April 21, 2020.

Find the standard here 

Measures:

• Complementary measures are established for the application of Emergency Decree No. 038-2020, a device that establishes extraordinary measures to mitigate the economic effects caused to workers and employers in the private sector, in the framework of the health emergency and the state of emergency. national by COVID-19.
• In this sense, the situations that determine the impossibility of applying remote work or leave with enjoyment are regulated, due to the nature of the activities; along with those that determine the impossibility of applying a license with enjoyment compensable by the nature of the activities. Likewise, it is regulated when it is understood that there is an impossibility of applying remote work or leave with enjoyment due to the level of economic affectation.
• Likewise, the alternative measures that employers can adopt in order to maintain the validity of the employment relationship and the perception of remuneration are regulated, privileging dialogue with workers. Once this possibility has been exhausted, the employer may exceptionally apply the perfect suspension of work provided in the Emergency Decree No. 038-2020.
• It is specified that the employer that provides false or fraudulent information to the law in order to adopt any of the measures provided for in Emergency Decree 038-2020, will be subject to criminal actions for a crime against the public faith or another that corresponds .
• At the administrative level, if fraud or falsity is verified in the employer's declaration, within 48 hours the annulment of the administrative act sustained in said declaration will be declared, leaving without effect the perfect suspension of work and ordering the payment of wages not received by workers during said period. Likewise, a fine between 5 and 10 UIT will apply.

Resolution No. 76-2020-SUNAFIL, published on April 24, 2020: “It is approved the Protocol on carrying out preliminary actions and inspection actions, regarding the verification of the perfect suspension of work in the framework of the Emergency Decree No. 038-2020, which establishes complementary measures to mitigate the economic effects caused to workers and employers before COVID-19 "

Find the standard here  

Measures:

• Protocol No. 004-2020-SUNAFIL / INII has been approved, called “Protocol on the carrying out of preliminary actions and inspection actions, regarding the verification of the perfect suspension of work in the framework of Emergency Decree No. 038- 2020, which establishes complementary measures to mitigate the economic effects caused to workers and employers before COVID-19 ”, in order to establish the rules and provisions for carrying out preliminary actions or inspection activities, with respect to the verification of the perfect suspension of work provided for in the aforementioned Emergency Decree, during the State of National Emergency.
• This Protocol is available on the SUNAFIL web portal, www.sunafil.gob.pe

Ministerial Resolution No. 239-2020-MINSA, published on April 29, 2020: "It approved the Technical Document Guidelines for the surveillance of the health of workers at risk of exposure to COVID-19".

Find the standard here  

Measures:

• The Technical Document: “Guidelines for the surveillance of the health of workers at risk of exposure to COVID-19” has been approved, in order to establish the general guidelines for the surveillance, prevention and control of the health of workers with risk of exposure in the workplace.

Supreme Decree No. 012-2020-TR, published on April 30, 2020.

Find the standard here   

Measures:

• Complementary provisions are established on the role of the Administrative Labor Authority and SUNAFIL, in the verifications that it carries out on the perfect suspension of work regulated in Emergency Decree No. 038-2020 and Supreme Decree No. 011-2020- TR, in order to specify the aspects to be evaluated regarding the access of employers to the subsidies granted in the framework of the Health Emergency.
• In order to maximize its operational capacity and meet the 30 business day deadline, related to the subsequent verification of the suspension measure, the Administrative Labor Authority may sign collaboration agreements, decentralize or delegate its powers in order to carry out verification of the facts related to the perfect suspension of work. 

Resolution No. 563-GG-ESSALUD-2020, published on May 2, 2020.

Find the standard here    

Measures:

• The General Management Directive No. 09-GCSPE-ESSALUD-2020, “Complementary provisions for the application of the Emergency Decree No. 026-2020, regarding the exceptional allowance for the first twenty days of temporary disability for the work of the server diagnosed with COVID-19 ”, in order to establish complementary provisions that regulate the administrative procedure in charge of EsSalud, for the granting of the exceptional subsidy for the first 20 days of temporary disability of the worker diagnosed with COVID-19.

Legislative Decree No. 1474, published on May 3, 2020.

Find the standard here   

Measures:

• Measures are issued to strengthen mechanisms and actions for comprehensive care and adequate protection of the elderly during the health emergency by COVID-19.
• In labor matters, the facilities that older adults or those workers who are in charge of caring for older adults must have are specified.

Ministerial Resolution No. 265-2020-MINSA, published on May 8, 2020: "Modify the Technical Document: Guidelines for the surveillance of the health of workers at risk of exposure to COVID-19".

Find the standard here    

Measures:

• The Ministry of Health has modified the Technical Document: "Guidelines for health surveillance of workers at risk of exposure to COVID-19", approved by Ministerial Resolution No. 239-2020 / MINSA.
• In this sense, regarding the considerations for the reinstatement of workers with risk factors for COVID-19 in the workplace, it has been specified that those with obesity with a BMI of 40 or more, cannot return to work center and will maintain quarantine until the end of the Health Emergency.
• Likewise, public entities and public and private companies are authorized, through their health services or Health Service Provider Institutions (IPRESS), to perform serological tests on the workers in their charge. The results of the tests must be registered in the SISCOVID-19 system, of the Ministry of Health.

Resolution No. 576-GG-ESSALUD-2020, published on May 9, 2020: "It is approved the General Management Directive No. 10-GCSPE-ESSALUD-2020, Complementary provisions for the implementation of the continuity of health benefits to workers in perfect suspension of work before the pandemic of the coronavirus COVID-19 ”.

Find the standard here     

Measures:

• Social Security Health - ESSALUD has approved the General Management Directive No. 10-GCSPE-ESSALUD-2020, "Complementary provisions for the implementation of the continuity of health benefits to workers in perfect suspension of work in the face of the pandemic of the coronavirus COVID-19 ", which aims to establish the complementary provisions of internal application in ESSALUD, for the implementation of the continuity of health benefits to workers included in a perfect suspension of work, who do not have the minimum contributions established in article 11 of Law N ° 26790, Law of Modernization of Social Security in Health and its regulatory norms, and to those who by application of said article would have only accessed the benefit for a period of two months.
• The special coverage includes its beneficiaries.

Legislative Decree No. 1498, published on May 10, 2020: "Legislative Decree granting accessibility to the Single Labor Certificate for adults in the face of the impact of COVID-19".

Find the standard here    

Measures:

• It has been arranged to grant accessibility to the Single Labor Certificate for Adult Persons - CERTIADULTO, to citizens from 30 to more years of age, in order to facilitate their access and / or reintegration into the formal labor market, through the granting, in a single procedure. , of all the information required by employers, in the framework of the National Health Emergency declared as a consequence of COVID-19.

Legislative Decree No. 1499, published on May 10, 2020: “Legislative Decree that establishes various measures to guarantee and oversee the protection of socio-labor rights of workers in the framework of the Health Emergency by COVID - 19 ”.

Find the standard here    

Measures:

• Various measures have been established in the workplace, in order to guarantee and oversee the protection of the social and labor rights of workers in private activity and civil servants in the public sector in the framework of the National Health Emergency, declared by Supreme Decree No. 008-2020-SA.
• In this sense, it facilitates the issuance, remission and preservation of documents in labor matters; facilitates the conduct of union activity; dictates temporary measures in relation to occupational medical examinations; regulates training in occupational health and safety; audits of the Occupational Health and Safety Management System; establishes the temporary extension of the validity of the mandate of the representatives of the workers before the Committee on Safety and Health at Work and the Supervisor of Safety and Health at Work; establishes the use of electronic and technological means in labor inspection; among other topics.

Resolution No. 80-2020-SUNAFIL, published on May 12, 2020: "They extend the suspension of terms of the Labor Inspection System and administrative procedures in SUNAFIL."

Find the standard here

Measures:

• The suspension of the computation of the terms of the inspection actions and of the sanctioning administrative procedures of the Labor Inspection System has been extended for 15 business days, starting on May 7, 2020, in charge of the corresponding instances of the SUNAFIL Regional Intendancies, as well as the Regional Labor Management and Employment Management or Directorates of the Regional Governments, and the suspension of the calculation of the start and processing deadlines of the administrative procedures and procedures of any kind that are found subject to deadlines, including procedures for access to public information, fractioning of the payment of fines and coercive execution of SUNAFIL.
• Likewise, the extension of the suspension of the calculation of terms is provided for 15 working days, counted from April 29, 2020, on the administrative procedures subject to negative or positive silence of the Labor Inspection System, in charge of the corresponding instances of the SUNAFIL Regional Intendancies, as well as the Regional Labor and Employment Promotion Management or Directorates of the Regional Governments.

Ministerial Resolution No. 281-2020-MINSA, published on May 12, 2020.

Find the standard here 

Measures:

• The Health Directive No. 095-MINSA / 2020 / DIGEMID, the Health Directive for the control and surveillance of in vitro diagnostic devices: rapid and molecular tests for COVID-19, approved by Ministerial Resolution No. 231-2020, has been amended. -MINSA, in order to allow, exceptionally, public, private or mixed companies and public and private institutions, to acquire in vitro diagnostic devices directly from drugstores or manufacturers: Rapid tests for COVID-19 , in order for them to be applied in the surveillance, prevention and control of the health of their workers.
• The aforementioned tests must be carried out through their occupational health and safety services or the Institutions that Provide Health Services (IPRESS), in biosafety conditions, and their results must be registered in the Integrated System for COVID-19 (SICOVID- 19).

Ministerial Resolution No. 283-2020-MINSA, published on May 13, 2020: "Modify the Technical Document: Guidelines for the Surveillance, Prevention and Control of the Health of Workers at Risk of Exposure to COVID-19".

Find the standard here  

Measures:

• The Technical Document: “Guidelines for the Surveillance, Prevention and Control of the Health of Workers at Risk of Exposure to COVID-19” has been modified, approved by Ministerial Resolution No. 239-2020-MINSA, in order to establish how people belonging to risk groups against COVID-19, to those workers over 65 years of age or who have morbidities such as: hypertension, diabetes mellitus, cardiovascular diseases, asthma, chronic lung disease, chronic kidney failure, cancer, obesity or others immunosuppressed states.
• Likewise, it is incorporated into the considerations for the return or reincorporation to the work center of workers with risk factors for COVID-19, to those who are over 65 years of age and who are obese with a Body Mass Index. from 40 to more.

Resolution No. 600-GG-ESSALUD-2020, published on May 15, 2020.

Find the standard here  

Measures:

• The General Management Directive No. 11 GCSPE-ESSALUD-2020 V.01, "Complementary provisions for the implementation of the economic provision of emergency social protection in the face of the COVID-19 coronavirus pandemic" has been approved, in order to establish the procedures necessary for the granting, by ESSALUD, of the economic benefit for workers who are in a perfect suspension of work, belong to the microenterprise labor regime and whose gross remuneration is up to S / 2,400.00, as established in the Emergency Decree No. 038-2020.

Ministerial Resolution No. 092-2020-TR, published on May 26, 2020: “Approve the General Directive No. 0012020-MTPE / 2/14, General Directive for conducting virtual meetings in the framework of nature labor conflicts collective during the health emergency by COVID-19 ”.

Find the standard here 

Measures:

• In order for the Administrative Labor Authority to fulfill its functions related to the prevention and solution of collective labor conflicts, taking into account the sanitary measures that prevent the spread and spread of COVID-19, it is considered necessary to approve a general directive that guarantees the development of virtual meetings that contribute to the solution of labor conflicts of a collective nature during the Health Emergency.
• In this sense, General Directive N ° 001-2020-MTPE / 2/14, “General Directive for conducting virtual meetings in the framework of collective labor conflicts during the health emergency by COVID - has been approved - 19 ”, in order to guarantee the realization and development of extra-process, informative meetings and dialogue tables in a virtual way, within the framework of the peaceful solution of labor conflicts of a collective nature during the Health Emergency.

Ministerial Resolution No. 099-2020-TR, published on May 27, 2020: “Approve the document called Sworn Declaration referred to in number 8.3 of article 8 of the D.S. No. 0832020-PCM ”.

Find the standard here  

Measures:

• The document called “Affidavit” of voluntary assumption of responsibility is approved, which must be submitted by those persons considered in the risk group to contract the COVID-19, in case they wish to attend work or provide services in the authorized activities, in accordance with the provisions of Supreme Decree No. 083-2020-PCM.

Resolution No. 082-2020-SUNAFIL, published on May 27, 2020: "Approve Version 3 of Directive No. 002-2017-SUNAFIL, called LABOR COMPLAINTS ATTENTION SERVICE".

Find the standard here   

Measures:

• Directive No. 002-2017-SUNAFIL, called "LABOR COMPLAINT ATTENTION SERVICE", is approved, in order to regulate the attention of labor complaints for the alleged violation of social and labor and occupational health and safety standards, and establish the care process for uniform treatment by the members of the Labor Inspection System.

Administrative Resolution No. 000187-2020-P-CSJLI-PJ, published on May 27, 2020: "They reconform the Collegiate of the Mixed Emergency Room of the Superior Court of Justice of Lima."

Find the standard here   

Measures:

• The jurisdictional organs of the Superior Court of Justice of Lima have been authorized to process processes with the Electronic Judicial Record - EJE, and those who carry out remote work, to proceed with the programming of new hearings and the reprogramming of those frustrated during the suspension of activities until July 16, 2020, so that they are carried out as video hearings and exceptionally in person, from July 17, 2020, having to observe the guarantees of due process and effective judicial protection. In the resolution of programming or reprogramming, it must be specified that the hearing will be held through video hearing, through the Google Hangouts Meet application.

Resolution No. 83-2020-SUNAFIL, published on May 29, 2020: "Suspension of deadlines of the Labor Inspection System referred to in Res. No. 074-2020-SUNAFIL has been extended, and other provisions are dictated."

Find the standard here    

Measures:

• The suspension of the calculation of deadlines has been extended until June 10, 2020, of the inspective actions and of the sanctioning administrative procedures, as well as of the administrative procedures subject to negative or positive silence by the Labor Inspection System ( SIT), of the SUNAFIL Regional Intendances, and of the Regional Labor Management and Employment Promotion Management or Directorates of the Regional Governments.
• Likewise, the computation of start and processing deadlines for administrative procedures and procedures of any kind that are subject to time limits has been extended, including procedures for access to public information, fractionation of payment of fines and coercive execution. from SUNAFIL.

Resolution No. 28-2020-SUNAFIL-GG, published on May 29, 2020: "Approve Procedure No. 001-2020-SUNAFIL / OGA called" PROCEDURE TO ACCESS EXCEPTIONAL FACILITIES FOR THE PAYMENT OF FINES IMPOSED BY THE NATIONAL SUPERINTENDENCY OF LABOR AUDIT - SUNAFIL IN THE FRAMEWORK OF ARTICLE 13 OF LEGISLATIVE DECREE N ° 1499 ”.

Find the standard here    

Measures:

• Procedure N ° 001-2020 SUNAFIL / OGA has been approved called “Procedure to access exceptional facilities for the payment of fines imposed by the National Superintendency of Labor Inspection - SUNAFIL within the framework of article 13 of Legislative Decree N ° 1499”, in order to establish the guidelines that regulate the operational management of all the organs and organic units of SUNAFIL for the granting of facilities for the payment of fines imposed on micro and small companies for non-compliance with social and labor regulations, in accordance with the provisions of the TUO of the Law to Promote Productive Development and Business Growth, approved by Supreme Decree No. 013-2013-PRODUCE.

Resolution No. 0085-2020-SUNAFIL, published on June 4, 2020.

Find the standard here  

Measures:

• Version 2 of Protocol No. 004-2020 SUNAFIL / INII has been approved, called “Protocol on the carrying out of preliminary actions and inspection actions, regarding the verification of the perfect suspension of work within the framework of Emergency Decree No. 038 -2020, which establishes complementary measures to mitigate the economic effects caused to workers and determined before COVID-19 ", in order to establish the rules and provisions for carrying out preliminary actions or inspection activities, with respect to the verification of the perfect suspension of laboratories during the State of National Emergency.

Resolution No. 0087-2020-SUNAFIL, published on June 15, 2020.

Find the standard here 

Measures:

• The suspension of the calculation of the terms has been extended, for 12 working days from June 11, 2020, of the inspective actions and of the sanctioning administrative procedures, as well as of the administrative procedures subject to negative or positive silence in charge of the Labor Inspection System (SIT), of the SUNAFIL Regional Intendancies, and of the Regional Labor Management and Employment Promotion Directorates or Directorates of the Regional Governments.
• Likewise, the computation of start and processing deadlines for administrative procedures and procedures of any kind that are subject to time limits has been extended, including procedures for access to public information, fractional payment of fines and coercive execution. from SUNAFIL.

Resolution No. 0089-2020-SUNAFIL, published on June 17, 2020.

Find the standard here 

Measures:

• Protocol No. 005-2020-SUNAFIL / INII has been approved, called “Protocol on the exercise of labor inspection within the framework of the Declaration of Health and National Emergency due to the grave circumstances that affect labor and economic activities as a consequence of the Coronavirus (COVID-19) in the national territory ", in order to establish the provisions and rules for the development of the functions of the labor inspectors referred to the promotion of the fulfillment of the socio-labor legal order and that of health and safety in the work, participation in orientation and technical assistance activities, as well as for the initiation and development of investigation or verification operations during the state of National Emergency as a result of COVID-19.
• Likewise, it is pointed out that Protocol No. 003-2020-SUNAFIL / INII, called “Protocol on the exercise of the inspection function against the Sanitary Emergency and the State of National Emergency to prevent the spread of the Coronavirus ( COVID- 19) in the national territory ”, approved by Res. 74-2020-SUNAFIL.

Emergency Decree No. 072-2020, published on June 24, 2020

Find the standard here 

Measures:

• Complementary measures are required to mitigate the economic effects caused by workers and critics of COVID-19 and other measures, in order to incorporate workers who are in a perfect suspension of laboratories whose employer has up to 100 workers and receive a gross remuneration of up to S / 2,400, in order to make available the prescription “Economic Benefit for Emergency Social Protection against the Coronavirus Pandemic COVID19”, granted by the Social Health Insurance - EsSalud up to a maximum amount S / 760 for each calendar month past due that the corresponding measure of perfect suspension of work lasts, up to a maximum period of 3 months.
• This benefit is not applicable to those workers who have been beneficiaries of any monetary subsidy granted by the government in the framework of the Health Emergency by COVID-19.
• The workers benefited from this measure must enter an Interbank Account Code (CCI) that corresponds to a valid account and activated in national currency, not being able to correspond to a Compensation for Time of Services account. The account reported by the worker must belong to an entity of the national financial system that participates in the interbank transfer system via the Electronic Clearing House (CCE). Alternatively, workers can authorize that the economic benefit be made through an electronic money account in accordance with the provisions of the applicable regulations and the provisions of regulation and supervision of the Superintendency of Banking, Insurance and AFP.
• The "Economic Benefit for Emergency Social Protection in the Face of the Coronavirus Pandemic COVID-19" reaches those workers who meet the conditions indicated in number 7.3. of Article 7 of Emergency Decree No. 038-2020 and its modifications, have been notified with a resolution approving the perfect suspension of work prior to the entry into force of this Emergency Decree.
• The rule will be in force until December 31, 2020. 

Supreme Decree No. 015-2020-TR, published on June 24, 2020

Find the standard here 

Measures:

• Supreme Decree No. 011-2020-TR, Supreme Decree establishing complementary rules for the application of Emergency Decree No. 038-2020, Emergency Decree establishing complementary measures to mitigate the economic effects caused to has been modified workers and measures before COVID-19 and other measures.
• By virtue of this norm, problems with up to 100 workers are allowed to apply the perfect suspension of work, being accredited the adoption of measures that were necessary in order to maintain the validity of the labor bond and the perception of remuneration (granting vacations pending or to be generated in the future, reduction of working hours and remuneration).
• Similarly, it is specified that the employer can apply the perfect suspension of work in the case of sales of the month prior to the adoption of the corresponding measure are equal to zero, being optional the adoption of measures such as the application of remote work or the license with enjoyment.
• This new regulation resulting applicable to administrative procedures in process at the date of its entry into force, parameters for the perfect suspension of laboratories regulated in number 3.2 of Article 3 of Emergency Decree No. 038-2020.

Superintendency Resolution No. 0096-2020-SUNAFIL, published on June 25, 2020.

Find the standard here 

Measures:

• Version 3 of Protocol No. 004-2020 SUNAFIL / INII has been approved, called “Protocol on the carrying out of preliminary actions and inspection actions, regarding the verification of the perfect suspension of work within the framework of Emergency Decree No. 038- 2020, which establishes complementary measures to mitigate the economic effects caused to workers and employers by COVID-19.
• The purpose of the regulation is to incorporate the modifications established in the Emergency Decree No. 072-2020 and the Supreme Decree No. 015-2020-TR, regarding the verification of facts regarding the perfect suspension of work, taking into account the information provided by the employer in the sworn statement submitted to the Administrative Labor Authority, in order to guarantee the principle of legality, due process and generate predictability in the verification of the perfect suspension of work by the Inspective Labor Authority.

Ministerial Resolution No. 448-2020-MINSA, published on June 29, 2020: Technical Document "Guidelines for the Surveillance, Prevention and Control of Health of workers at risk of exposure to COVID - 19" is approved and they modify the Ministerial Resolution N ° 377-2020 / MINSA ”.

Find the standard here 

Measures:

• The Technical Document: "Guidelines for the Surveillance, Prevention and Control of the health of workers at risk of exposure to COVID-19" has been approved, in order to establish measures for the prevention of COVID-19 infection, in the workplace of workers at risk of exposure.
• Likewise, provision has been made for the creation, through the National Center for Occupational Health and Environmental Protection for Health (CENSOPAS), of a computer application to register complaints so that workers can communicate the existence of false information or not. authentic linked to safety and health at work in the Plan or that it does not comply with the "Guidelines for the surveillance of the health of workers at risk of exposure to COVID-19", any other information will expose your life or health, because of work.

Urgency Decree No. 077-2020, published on July 2, 2020: “Establish measures for the granting and payment of pensions by the pension normalization office (ONP) to affiliates who are in risk situation in the framework of health emergency produced by the covid-19, and dictates other provisions. "

Find the standard here 

Measures:

• The ONP is authorized to finance actions to mitigate the risks of impact and exposure of its affiliates and / or pensioners to COVID-19, charged to its institutional budget.
• The ONP grants provisional pension under the Decree Law No. 19990 in favor of applicants for those applications for disability, retirement and survivor's pension for which, within thirty (30) business days of having been submitted , had not been previously pronounced either recognizing or rejecting the requested service. The provisional pension is equivalent to the minimum amount of the pension established for each type of benefit. The process for the definitive pension continues ex officio, and the respective resolution must be issued within a maximum period of one (01) year from the granting of the provisional pension.
• The administration and payment of pensions by the ONP of the pensioners of Decree Law No. 20530 and its complementary regulations, of the Charitable Societies in charge of the Local Governments, as well as the contingencies derived from said administration and payment, are made in accordance with the provisions of article 12 of Emergency Decree No. 015-2019 and are progressively addressed, taking as a reference the amount of pensions in October 2020 or the following months. Likewise, the ONP assumes the procedural succession of the judicial processes in process, in accordance with the regulations established.
• The rule will be valid until March 31, 2021.

Urgency Decree No. 078-2020, published on July 2, 2020: “Establish extraordinary and complementary measures for the compensation of leave hours with the enjoyment of having been granted in the framework of the health emergency caused by the coVid -19 in the public sector ”.

Find the standard here 

Measures:

• Extraordinary and complementary measures have been approved to compensate hours of leave with the benefit of having granted them within the framework of the health emergency caused by COVID-19 in the public sector, with respect to workers whose employment relationship had ended before fulfilling with the compensation of hours as a consequence of resignation, non-renewal of the contract or the application of an administrative or judicial sanction.

Superintendency Resolution No. 098-2020-SUNAFIL, published on July 2, 2020: “Extend the suspension of the computation of deadlines for inspection actions and administrative sanctioning procedures of the Labor Inspection System (SIT), in the departments of Arequipa, Ica, Junín, Huánuco, San Martín, Madre de Dios and Áncash”

Find the standard here 

Measures:

• The extension from June 30, 2020 to July 31, 2020, of the suspension of the calculation of deadlines for inspection actions and the administrative sanctioning procedures of the Labor Inspection System (SIT), which are found in charge of the corresponding instances of the Regional Intendences of the National Superintendence of Labor Inspection-SUNAFIL and of the Regional Management or Directorates of Labor and Employment Promotion of the Regional Governments located in the departments of Arequipa, Ica, Junín, Huánuco, San Martín, Madre de Dios and Áncash, in order to safeguard the life and health of citizens in these territorial areas of COVID-19.

Ministerial Resolution No. 126-2020-TR, published on July 9, 2020: “Establishment of complementary norms for the modification of the maximum period of duration of the perfect suspension measures for laboratories whose term is extended by virtue of the extension of the Health Emergency established by Supreme Decree No. 020-2020-SA ”.

Find the standard here 

Measures:

• Regulations are issued for the best application of the provisions of Supreme Decree No. 011-2020-TR, Supreme Decree establishing complementary rules for the application of Emergency Decree No. 038-2020, Emergency Decree establishing complementary measures for mitigate the economic effects caused by the workers and the evaluations before the COVID-19 and other measures, for the modification of the maximum term of the perfect suspension measures of the laboratories whose term is extended by virtue of the extension of the Sanitary Emergency established by Supreme Decree No. 020-2020-SA.
• In this sense, due to the extension of the Health Emergency, the measure of perfect suspension of the work regulated under the number 3.2 of Article 3 of the Emergency Decree N 038-2020 can be extended, at most, until 7 October 2020.
• The procedures that have applied a measure of perfect suspension of work under the protection of number 3.2 of Article 3 before commenting on our term of duration coincide with July 9, 2020, may extend, for the only time, the term of said measure in by virtue of the extension of the Health Emergency. For this purpose, the modification of the maximum term of the measure of perfect suspension of work is carried out on the virtual platform of the Ministry of Labor and Employment Promotion, from July 10, 2020 to July 17, 2020.
• This criterion is applicable to the measures of perfect suspension of laboratories whose administrative procedure is in process.
• The problems that operate to extend the term of the perfect suspension measure of knowledge work, said extension to the affected workers, physically or using the corresponding computer means.

Ministerial Resolution No. 484-2020-MINSA, published on July 10, 2020: “Clarify the R.M. N ° 448-2020-MINSA, which approved the Technical Document: “Guidelines for Health Surveillance, Prevention and Control of workers at risk of exposure to COVID - 19” and modified the R.M. N ° 377-2020 / MINSA ”.

Find the standard here 

Measures:

• Details have been provided regarding Ministerial Resolution No. 448-2020-MINSA, which approves the Technical Document: "Guidelines for the Surveillance, Prevention and Control of Health of workers at risk of exposure to COVID - 19", indicating that the Register of Complaints indicated in said Ministerial Resolution replaces the Incident Register established by Ministerial Resolution No. 377-2020-MINSA, through which it was delegated to the National Institute of Health, through the National Center for Occupational Health and Protection of the Environment for Health (CENSOPAS), the administration of the registry of the “Plan for the surveillance, prevention and control of COVID-19 at work” in the Integrated System for COVID-19 (SISCOVID-19).

Resolution No. 103-2020-SUNAFIL, published on July 11, 2020: “Approve version 2 of the Protocol on the exercise of labor inspection, within the framework of the declaration of National Health and Emergency due to the serious circumstances that affect the labor and economic activities as a consequence of the Coronavirus (COVID-19) in the national territory ”.

Find the standard here 

Measures:

• Version 2 of the “Protocol on the exercise of labor inspection has been approved, within the framework of the declaration of National Health and Emergency due to the serious circumstances that affect labor and economic activities as a result of the Coronavirus (COVID-19) in the national territory ”, in order to incorporate the normative modifications issued by reason of the declaration of national emergency and health emergency, mainly those that affect labor, labor inspection and health matters.

Supreme Decree No. 017-2020-TR, published on July 13, 2020.

Find the standard here 

Measures:

• Supreme Decree No. 011-2020-TR, Supreme Decree establishing complementary rules for the application of Emergency Decree No. 038-2020, Emergency Decree establishing complementary measures to mitigate the economic effects caused to workers has been modified and employers before the COVID-19, in order to establish complementary measures for the granting of the Economic Benefit for Emergency Social Protection in the face of the Coronavirus Pandemic COVID-19, in favor of the workers included in the perfect suspension of work.

General Management Resolution No. 821-GG-ESSALUD-2020, published on July 23, 2020.

Find the standard here 

Measures:

• The General Management Directive No. 13GCSPE-ESSALUD-2020 V.01, “Complementary provisions for the implementation of the economic provision of emergency social protection in the face of the coronavirus COVID-19 pandemic” has been approved, with the aim of establishing the procedures necessary for the granting, by ESSALUD, of the economic benefit for workers who are in a perfect suspension of work, in accordance with the provisions of Emergency Decree No. 072-2020 and Supreme Decree No. 017 -2020-TR.

General Management Resolution No. 849-GG-ESSALUD-2020, published on August 4, 2020.

Find the standard here 

Measures:

• The General Management Directive No. 10GCSPE-ESSALUD-2020 has been modified, which establishes the “Complementary provisions for the implementation of the continuity of health benefits to workers in perfect suspension of work in the face of the coronavirus COVID-19 pandemic ”, With the aim of specifying that, in the case of workers who have passed the grace period but do not have sufficient contribution months to access the special right to unemployment coverage, the period of continuity of health coverage comprises from the start date to the end of the perfect suspension of work, presented by the employer to the Ministry of Labor and Employment Promotion.
• Likewise, it is pointed out that the prevention, promotion and health care benefits are granted exclusively in the network of health facilities run by ESSALUD.

Superintendency Resolution No. 119 -2020-SUNAFIL, published on August 6, 2020.

Find the standard here 

Measures:

• The extension, from August 1 to 31 of the aforementioned month of 2020, has been ordered to suspend the deadlines for inspection actions and administrative sanctioning procedures of the Labor Inspection System (SIT), suspended by Superintendency Resolution N ° 074-2020-SUNAFIL, which are in charge of the corresponding instances of the SUNAFIL Regional Intendancies and of the Regional Labor and Employment Promotion Management or Directorates located in the departments of Arequipa, Ica, Junín, Huánuco, San Martín, Madre de Dios and Áncash, as well as in the province of Tambopata in the department of Madre de Dios, in the provinces of Santa, Casma and Huaraz in the department of Ancash, in the provinces of Mariscal Nieto and Ilo of the department of Moquegua, in the province of Tacna of the department of Tacna, in the provinces of Cusco and La Convencion of the department of Cusco, in the provinces of San R Oman and Puno of the department of Puno, in the province of Huancavelica of the department of Huancavelica, in the provinces of Cajamarca, Jaén and San Ignacio of the department of Cajamarca, in the provinces of Bagua, Condorcanqui and Utcubamba of the department of Amazonas, and in the Abancay and Andahuaylas provinces of the Apurímac department.
• Likewise, the suspension of the calculation of deadlines for inspective actions and the sanctioning administrative procedures of the SIT, for the period between July 26 and 31 of the aforementioned month of 2020, in the provinces of Cajamarca, Jaén and San Ignacio of the department of Cajamarca and in the province of La Convencion of the department of Cusco, and which are in charge of the corresponding instances of the SUNAFIL Regional Intendancies and of the Management or Regional Directorates of Labor and Employment Promotion of the Regional Governments of said territorial areas.

Superintendency Resolution No. 000220-2020-Migrations, published on October 28, 2020: "They approve virtual processing of the service provided exclusively called" Permit to Work "through the Digital MIGRATION Agency Platform.

Find the standard here 

Measures:

• The National Superintendency of Migration (Migrations) resolved to approve the virtual processing of the service provided exclusively called "Permit to Work", provided for in the TUPA Migrations, through the Digital Migration Agency Platform.
• The presentation of the requirements for this service will be made through the aforementioned virtual platform, as well as the documents for the correction of the observations that may be generated in the processing.

Emergency Decree No. 127-2020, published on November 1, 2020: "Establishes the granting of subsidies for the recovery of formal employment in the private sector and establishes other provisions."

Find the standard here 

Measures:

• The granting of a subsidy to an employer from the private sector affected during the State of National Emergency declared as a result of COVID-19, and the establishment of measures to guarantee the observance of remote work hours and the enjoyment of the right to break.
• The approved subsidy is a monetary amount that is granted temporarily in favor of eligible private sector employers, in order to promote the hiring of workers, preserve those jobs and encourage the return of workers under perfect suspension of work and leave without enjoy having, in accordance with the qualification criteria and the established conditions. The amount of the subsidy is calculated on a monthly basis based on a percentage that is applied to the gross monthly wages of workers that do not exceed S / 2,400. The amount of the subsidy received by the employer does not alter the amount of remuneration to which the worker is entitled for the purposes of the declaration, calculation and payment of labor benefits, taxes, contributions or contributions provided for in the legal system.
• On the other hand, Emergency Decree No. 026-2020 is modified, in order to establish the extension of remote work until July 31, 2021, both for the private and public sectors. Likewise, it is specified that the worker who performs remote work has the right to digital disconnection, to disconnect from the computer, telecommunications and similar means used for the provision of services during rest days, licenses and periods of suspension of the employment relationship . The employer cannot require the worker to carry out tasks or coordination of a labor nature during the time of digital disconnection. In the case of workers not included in the maximum working day, such as management workers, trusted workers not subject to effective control of working time, the disconnection time must be at least twelve continuous hours in a period of twenty-four hours, in addition to days of rest, licenses and periods of suspension of the employment relationship.

Law N ° 31068, published on November 18, 2020: “Law that authorizes the withdrawal of private pension funds in the context of the COVID-19 pandemic”.

Find the standard here

Measures:

• Extraordinarily, the optional withdrawal of up to 4 UITs from the total funds accumulated in their individual capitalization account (CIC) is authorized to affiliates of the Private Pension Fund Administration System until October 31, 2020 do not have proof of pension contributions to the CIC for at least 12 consecutive months.
• Likewise, the exceptional withdrawal of up to 1 UIT is authorized for affiliates who do not register contributions until October 2020 and of up to 4 UIT for affiliates suffering from oncological and / or clinical hematology diseases diagnosed by the National Institute of Neoplastic Diseases and by public and private health entities in the country, as appropriate.

SBS Resolution No. 2979-2020, published on November 28, 2020: “Approves the Operational Procedure for the optional extraordinary withdrawal of funds in the Private Pension System, established in Law No. 31068”

Find the standard here

Measures:

• The Superintendency of Banking, Insurance and Private Pension Administrators (SBS) has approved the operating procedure for the optional extraordinary withdrawal of funds in the Private Pension System, established in Law No. 31068.
• The procedure that is applicable to the Private Pension Fund Administrators (AFP), among other provisions, establishes that for access to the extraordinary withdrawal from the account of mandatory contributions of up to 4 UIT, the AFP must consider as the cut-off date the October 31, 2020, so that it can be established whether, as of this date, the affiliate meets the following conditions: i. That it does not have the accreditation (registration) of mandatory contributions in the CIC for at least twelve (12) consecutive months; and, ii. That does not access the REJA.
• The optional exceptional withdrawal of up to 1 UIT applies to those who do not register the mandatory contribution in the CIC for the accrual of September 2020, and who do not access the retirement benefit of up to 4 UIT described above.
• In the case of those requesting up to 4 UITs, the following schedule is available:
• First disbursement of up to 1 UIT: Within a maximum period of 30 calendar days, counted from the day after the request is submitted to the AFP.
• Second disbursement of up to 1 UIT: Within a maximum period of 30 calendar days, counted from the day after the first disbursement was made by the AFP.
• Third disbursement for the remainder of up to 4 UIT: Within a maximum period of 30 calendar days, computed from the calendar day following the second disbursement by the AFP.
• For affiliates who can only make an optional exceptional withdrawal of up to 1 UIT, the norm provides that the AFP make the delivery in a single assembly within a maximum period of 30 calendar days.
• This resolution will enter into force on December 9, 2020.

SBS Resolution N ° 3031-2020, published on December 3, 2020: “Modifies the Operating Procedure for the optional extraordinary withdrawal of funds in the Private Pension System established by Law N ° 31068, approved by SBS Resolution N ° 2979- 2020; and Annex N ° 1 of Circular N ° AFP-109-2010, referring to Operational Codes ”.

Find the standard here 

Measures:

• In compliance with the provisions of the Third Final Complementary Provision of Law N ° 31068, in due course, the SBS issued Resolution SBS N ° 2979-2020 and established the operating procedure for the extraordinary optional withdrawal of funds in the Private System of Pensions (SPP).
• The Second Final Complementary Provision of the aforementioned law provides for the exceptional withdrawal for health of up to four (4) Tax Tax Units (UIT) in a single withdrawal of funds from the Individual Capitalization Accounts (CIC) of those affiliates who are or are not contributing and suffering from oncological diseases diagnosed by an institution that provides health services (Ipress) that is registered in the National Registry of Healthcare Providers (Renispress) of the National Superintendence of Health (Susalud) and that has registered the authorization health services for the practice of the Health Services Production Unit (UPSS) of oncology and / or clinical hematology, as appropriate.
• For the purposes of the aforementioned procedure, the Ministry of Health issued Ministerial Resolution No. 970-2020 / Minsa and approved Administrative Directive No. 297-Minsa / 2020 / DGIESP / DGAIN / OGTI.
• In this sense, with the published resolution, the SBS makes the pertinent modifications to SBS Resolution No. 2979-2020, in order to incorporate the applicable operating procedure so that affiliates who comply with the provisions of the Second Final Complementary Provision of the Law N ° 31068 can present their requests for extraordinary withdrawal within the periods indicated in the aforementioned law.
• It should be noted that, taking into account the context of Health Emergency, the AFPs must establish, after their own evaluation or that of the union that represents them, the most suitable channels and formats for receiving these withdrawal requests.
• This resolution will enter into force on December 9, 2020.

Emergency Decree No. 028-2021, published on March 6: “Emergency Decree that establishes extraordinary measures in economic and financial matters for the financing of the“ TRABAJA PERÚ ”Program”.

Find the standard here 

Measures:

• The Ministry of Labor and Employment Promotion (MTPE) is authorized to implement the development of immediate intervention activities for 1,141 local governments in targeted districts through the "Trabaja Perú" program, within the framework of the National Health Emergency and the National State of Emergency due to COVID-19, in order to generate temporary employment for the most vulnerable population that has been affected by the mandatory isolation and social immobilization measures, adopted in 2020 and 2021.
• The regulation is valid until December 31, 2021, unless otherwise provided.

Law No. 31171, published on April 23: "Law that authorizes the provision of compensation for time of service in order to cover the economic needs caused by the COVID-19 pandemic."

Find the standard here 

Measures:

• It has been provided to authorize, only once and until December 31, 2021, workers included within the scope of the Single Ordained Text of Legislative Decree No. 650, Law of Compensation for Time of Service, approved by Supreme Decree N ° 001-97-TR, to freely dispose of one hundred percent (100%) of the deposits for compensation for time of services (CTS) made in financial entities, in order to cover the economic needs caused by the pandemic of the Covid-19.
• The Executive Power must dictate the necessary regulatory provisions, within a maximum period of ten (10) calendar days from April 24, 2021.

Resolution No. 189-2021-SUNAFIL, published on June 29: “Version 3 of Protocol No. 005-2020-SUNAFIL / INII, called“ Protocol on the exercise of labor inspection, within the framework of the Declaration of Health and National Emergency due to the serious circumstances that affect work and economic activities as a result of the Coronavirus (COVID-19) in the national territory ””.

Find the standard here 

Measures:

• Version 3 of Protocol No. 005-2020-Sunafil / INII is approved, called "Protocol on the exercise of labor inspection, within the framework of the declaration of health and national emergency due to the serious circumstances that affect the activities labor and economic as a result of the coronavirus (COVID-19) in the national territory ", which incorporates the regulatory modifications issued due to the declaration of national emergency and health emergency, mainly those that affect labor, labor inspection and health , in other aspects.

Supreme Decree No. 014-2021-TR, published on July 4: “Supreme Decree that modifies the Regulations of the General Labor Inspection Law, approved by Supreme Decree No. 019-2006-TR”.

Find the standard here 

Measures:

• As a consequence of the provisions on labor matters of Legislative Decree No. 1499, which establishes various measures to guarantee and oversee the protection of the socio-labor rights of workers in the framework of the Health Emergency due to COVID-19, the Articles 2 (Definitions), 3 (Organizing principles of the Labor Inspection System), 4 (Functions of the Labor Inspection), 6 (Inspection powers), 7 (Prior actions), 8 (Inspection actions), 9 (Initiation of Inspection actions), 14 (Guidance actions), paragraphs 17.3 and 17.7 of article 17 (Completion of inspection actions), paragraph 23.5 of article 23 (Minor infractions in labor relations), paragraph 25.19 of article 25 (Very serious infractions in matters of labor relations) and the name of Title II, which is now called "Previous actions and actions of the labor inspection) of the Regulation of the General Law of Ins Labor inspection, approved by Supreme Decree No. 019-2006-TR.
• Likewise, article 7-A (Compliance Management Module) has been incorporated and paragraph 17.6 of article 17 of the aforementioned regulation has been repealed.

Law No. 31301, published on July 22: "Law that establishes measures of access to a proportional pension for the insured of the National Pension System."

Find the standard here  

Measures:

• They establish measures that guarantee access to a pension in favor of insured persons of the National Pension System (SNP) who cannot access a pension regulated by Decree Law No. 19990.
• The rule specifies that SNP members have the right to access a special proportional retirement pension in the SNP, in accordance with the following conditions:

a) Those who are at least sixty-five years old and comply with crediting at least ten years of contributions and do not reach fifteen years of contributions are entitled to a retirement pension of up to two hundred fifty-00/100 soles (S / 250.00) twelve times a year. b) Those who are at least sixty-five years old and comply with the proof of at least fifteen years of contributions and do not reach twenty years of contributions are entitled to a retirement pension of up to three hundred fifty-00/100 soles (S / 350.00) twelve times a year.

• Members who are at least fifty years old and twenty-five years old with more than contributions, are entitled to an early retirement pension in the SNP. The reference remuneration is equal to the monthly average that results from dividing by sixty the total effective remuneration or insurable income received by the member during the last sixty months prior to the last month of contribution.
• Finally, as long as the health emergency declared by COVID-19 lasts, the disability pension for work is available to people who are in a condition of disability for regular work in fifty percent (50%) and who comply the following conditions:

a) The presentation of the certificate or report of the specialist doctor of one of the public health provider institutions (IPRESS) attached to the Social Health Insurance (ESSALUD), Ministry of Health (MINSA) or a health service company (EPS) that certifies the health status of the person.

b) The presentation of an affidavit stating that your disability prevents you from carrying out work activity, even if your employer has made the necessary reasonable adjustments.

c) The date of disability indicated above is determined with the date of the specialist doctor's certificate.

d) The granting of this type of disability pensions and the documents presented by the member are evaluated and qualified according to the guidelines established by the ONP

Law No. 31334, published on August 7: "Law that grants the right to paid leave to workers on the day scheduled for their vaccination against COVID-19."

Find the standard here   

Measures:

• The right of the worker, of the public and private activity, to enjoy a paid leave on the day that has been scheduled for their vaccination against Covid-19 has been established.
• The license will be granted for up to 4 hours and must be communicated to the employer and processed by the human resources area, or whoever takes its place, at least 48 hours in advance.
• If there is an exceptional situation whereby the vaccination center is not operating on the day of the leave, the worker may reapply for it.
• The Law entered into force on August 8, 2021 and must be regulated within a period of no more than 30 business days.

Ministerial Resolution No. 142-2021-TR, published on August 13: “Approves the List of eligible employers who have qualified for the allocation of the subsidy created by the D.U. N ° 127-2020, as well as the amount corresponding to said concept with respect to the month of May 2021 ”.

Find the standard here    

Measures:

• Approves a new list of eligible employers who have qualified for the allocation of the subsidy created by Emergency Decree No. 127-2020, Emergency Decree that establishes the granting of subsidies for the recovery of formal employment in the private sector and establishes other provisions, as well as the amount corresponding to said concept with respect to the month of May 2021.
• The employers included in this new list manage the disbursement of the subsidy provided that, previously, they accredit in the Virtual Comprehensive Window of the Insured - VIVA of the Social Health Security - ESSALUD, the fulfillment of the essential conditions established in paragraph 9.2 of article 9 of the aforementioned decree.

Emergency Decree No. 087-2021, published on September 16: “Emergency Decree that modifies Urgency Decree No. 038-2020, Emergency Decree that establishes complementary measures to mitigate the economic effects caused to workers and employers before COVID-19 and other measures ”.

Find the standard here 

Measures:

• Faced with the progressive and gradual resumption of economic activities, the new targeted measures adopted in the framework of the pandemic and the progressive recovery of national production, as well as wage employment in the private formal sector, Article 3 and the Fourth Final Complementary Provision of Emergency Decree No. 038-2020, which establishes complementary measures to mitigate the economic effects caused to workers and employers in the face of COVID-19 and other measures.
• According to the modifications, the perfect suspension of work will only apply until October 2, 2021.

General Management Resolution No. 1218-GG-ESSALUD-2021, published on September 20: "Modifies the General Management Directive No. 10-GCSPE-ESSALUD-2020" Complementary provisions for the implementation of the continuity of health services to the workers in perfect suspension of work in the face of the COVID-19 coronavirus pandemic "".

Find the standard here  

Measures:

• The General Management Directive No. 10-GCSPE-ESSALUD-2020, "Complementary provisions for the implementation of the continuity of health benefits to workers in perfect suspension of work in the face of the COVID-19 coronavirus pandemic", is modified. approved with General Management Resolution No. 576-GG-ESSALUD-2020 and modified with General Management Resolution No. 849-GG-ESSALUD-2020, in order to determine which organic unit of the Central Insurance Management and Economic Benefits is the activity of validation of the health payments granted to the beneficiaries.

• The changes affect articles 5 (Definitions), 10 (Benefit / Assistance Networks and Decentralized Bodies), 13 (On the granting of the right to coverage for continuity of health benefits, 15 (On the consolidation of information regarding benefits health benefits granted at the national level), 16 (On the settlement and valuation of health benefits granted to beneficiaries) and 17 (On the validation of health benefits granted to beneficiaries); in addition, article 20 ( Of the validation of the health settlements granted to the beneficiaries).
• The rule also provides that the Central Insurance and Economic Benefits Management prepare an updated text of the General Management Directive No. 10-GCSPE-ESSALUD-2020.

Supreme Decree No. 161-2021-PCM, published on October 7: “Supreme Decree that declares non-working days in the public sector at the national level”.

Find the standard here 

Measures:

• The incorporation of non-labor holidays has been arranged for public sector workers nationwide, in order to promote the reactivation and promotion of domestic tourism.
• The days declared non-working days for public sector workers are the following: October 11, 2021, November 2, 2021, December 27, 2021, December 31, 2021 and January 3, 2022.
• For tax purposes, the days indicated above will be considered business days.
• The private sector work centers may benefit from the provisions of the decree, with prior agreement between the employer and their workers, who must establish the way in which the recovery of the hours left off will be made effective. In the absence of agreement, the employer will decide.