Labor lawyer Germán Lora summarizes the main laws, decrees and resolutions that were approved this year, including those related to teleworking and benefits against covid-19.
2022 brought with it a series of regulations in the workplace that had an impact on economic, health and job performance aspects, of interest to employers and staff, such as the increase in the minimum vital remuneration (RMV), the provisions for cancer care and the approval of the Telework Law, among others.
Thus, after four years, through Supreme Decree No. 003-2022-TR, the Government increased the RMV by 95 soles for workers in the labor regime of private activity, since it went from 930 to 1,025 soles.
The increase became effective as of May 1, recalls the partner of the law firm Damma Legal Advisors Germán Lora Álvarez, detailing the main labor regulations that were approved during this year.
The expert also mentions Law No. 31600, which modified article 2 of Law No. 25129, which provides that workers in the private sector whose remunerations are not regulated by collective bargaining receive the equivalent of 10% of the legal minimum income. for any concept of family allowance.
Through this change, he specifies, the right to receive this benefit was extended to workers whose children over 18 years of age have severe disabilities, provided they do not receive the non-contributory pension for severe disability established in Law No. 29973.
Resolution No. 093-2022-Sunafil, of the National Superintendence of Labor Inspection, approved a new legal technical criterion regarding the payment of utilities, refers to the labor lawyer.
In accordance with this criterion, it indicates, for the calculation of profits, salary increases derived from collective agreements or arbitration awards that are enforceable, even if they have not yet been received, will be considered as part of the remuneration, provided that they were not suspended by mandate. judicial.
Another benefit for workers, but this time linked to covid-19, was materialized with Law No. 31480, which exceptionally authorized the withdrawal of 100% of the Compensation for Service Time (CTS) until December 31. December 2023, in order to cover the economic needs caused by the pandemic, he notes.
Lora points out that through Resolution No. 675-2022-Minsa, among other aspects, the obligation to require staff to have the complete vaccination schedule against covid-19 to return to face-to-face work was eliminated.
In addition, it affirms that Law No. 31632, which establishes measures to guarantee the rights of workers affected by the legal provisions implemented during the health emergency caused by covid-19, granted facilities to compensate the accumulated hours of leave with the enjoyment of having generated during the health emergency.
In keeping with current times, this year Law No. 31572, the Telework Law, was also approved, which established the new provisions for employers and workers in relation to this modality of service provision.
The labor lawyer explains that Supreme Decree No. 001-2022-TR modified Supreme Decree No. 006-2008-TR, which approved the Regulations of Law No. 29245 and Legislative Decree No. 1038, which regulate the services of outsourcing.
The norm prohibits the outsourcing of specialized activities or works that are part of the core business of the main company, applicable to both the public and private sectors, he notes.
Lora also mentions Resolution No. 355-2022/SEL-Indecopi. Through this provision, he asserts, the National Institute for the Defense of Competition and the Protection of Intellectual Property ordered that the Ministry of Labor and Employment Promotion (MTPE) and Sunafil refrain from carrying out any inspection and/or sanctioning action against companies to outsource activities that are part of the core of the business.
For its part, Supreme Decree No. 015-2022-TR modified the Regulations of the General Labor Inspection Law by incorporating new serious and very serious infractions in terms of labor outsourcing.
There is also Supreme Decree No. 014-2022-TR, which modified the Regulations of the Collective Labor Relations Law, on issues of unionization, collective bargaining, arbitration and strike.
At the same time, Law No. 31602 was approved, which grants leave for the death of the spouse, parents, children and siblings for five calendar days, plus the term of the distance, if applicable.
Meanwhile, the New Porter Worker Law, Law No. 31614, strengthens and guarantees the labor rights of the person who transports victuals, equipment or belongings for personal use and other goods for expeditions for tourist, recreational, sports or other purposes with your own body and physical effort to places where vehicles cannot enter.
The list also includes Law No. 31479, which establishes leave for up to two business days a year, consecutive or not, with benefits and subsequent compensation for workers who undergo annual preventive oncological examinations. The leave will be compensable with working hours that are agreed with the employer.
Along the same lines, is Law No. 31561, on the prevention of cancer in women and the strengthening of specialized oncological care, which grants one day of paid annual leave for breast and cervical cancer tests.
Resolution No. 485-GG-EsSalud-2022 annulled the possibility of exceptionally presenting, that is, outside the 30-day period, the private medical certificates to obtain the Certificate of Temporary Incapacity for Work.
At the same time, Law No. 31469, which modifies article 10 of Law No. 26790, on the modernization of Social Security in Health, sets the coverage immediately for the pregnant woman from the affiliation to the EsSalud system.
Source: The Peruvian