Labor lawyer Eric Castro Posadas considers it important that the MTPE also publish similar guidance documents on how the employment relationship should be developed and the steps that will be followed when the relationship ends.
The guide ‘Obligations of the employer when starting an employment relationship’, published by the Ministry of Labor and Employment Promotion (MTPE), specifies a series of aspects that employers must take into account when hiring new personnel so that the relationship develops without inconveniences or infractions that may lead to subsequent sanctions.
As is logical, the signing of the employment contract is the first point that the portfolio document addresses, which indicates that it can be signed for an indefinite period of time or for a fixed term (subject to modality).
The first, he details, can be held verbally or in writing; while, in the case of fixed-term contracts, they will necessarily be in writing and their duration, the objective causes determining the hiring, as well as the other conditions of the employment relationship will be expressly stated therein.
Now, there are various types of fixed-term contracts such as “for the start or increase of the activity”. The purpose of signing this document is the beginning of a new productive operation or opening of establishments or markets or the increase of those already existing within the same company. The maximum duration will be three years.
Due to market needs, contracts for up to five years may be signed in order to meet short-term increases in production caused by substantial variations in demand that cannot be met by permanent staff.
In the modality for business reconversion, which means the substitution, expansion or modification of the activities carried out in the company, and in general any variation of a technological nature, the maximum duration of the contract will be two years, the guide specifies.
The occasional six-month contracts will meet transitory needs other than the usual activity; those of substitution, to temporarily replace a stable worker, will last until the return of the holder; and for emergencies, they will cover needs caused by fortuitous event or force majeure until the end of this event, among others.
The guide (https://www.gob.pe/institucion/mtpe/informes-publicaciones/3359566-obligaciones-del-emplodor-al-iniciar-una-relacion-laboral) indicates that, if you have entered into a contract of work in writing, the employer will deliver a copy to the worker within a maximum of three business days counted from the start of the provision of services.
The part-time contract must necessarily be in writing. The document will be made known, for its registration, before the Administrative Labor Authority, within 15 calendar days of its signature, except for those part-time contracts subject to modality.
In statements to the Official Gazette El Peruano, the labor lawyer of the Miranda & Amado law firm, Eric Castro Posadas, considered the publication of the guide to be of “key importance”, because -he stated- a worker, when reading it, is barely hired or is applying to a job position, you will be able to know what your rights are once you join an organization.
The expert recalled that the Ministry of Labor and Employment Promotion was always criticized for giving more importance to its corrective or training functions and, “in this case, the fact that this type of guide is issued, which serves both employers and workers so that they can know their rights and obligations” is “interesting”.
“Now, I think that these publications should become a more continuous task because it is a good measure. Therefore, it is necessary to generate other guidelines on, for example, what happens during the employment relationship, what rights and obligations are assumed; and also regarding what happens when the employment relationship ends”, he asserted.
Castro stated that, with these guides, the employer will be able to know or reinforce those obligations that are in their charge, such as, for example, what type of contract will be used when starting a new employment relationship with a worker, “which appears in the guide.”
“But it also helps the worker to know that a contract subject to modality is not invalid or bad in itself, it is a measure that the ministry recognizes. Sometimes an employee, when starting a working relationship, wonders why they didn’t hire him on an indefinite term. If there is an established cause and you know that the MTPE recognizes this type of hiring, that will obviously give you more security and avoid unnecessary questioning”, he stressed.
The man of laws maintained that among the main inconveniences when starting a relationship are “that, on certain occasions, an employment relationship is started and the hiring rules are not entirely clear.
“For example, an employee can start work, but did not sign a contract. There, the first question from the worker is why I did not sign a contract, but if it is for an indefinite term, it is not necessary for it to exist. So, in a way, that the workers know that this is a possibility also avoids questioning, ”he explained.
Another issue, he said, is the lack of knowledge of what the obligations of the workers are. “The guide establishes the obligations to communicate, for example, changes of address or modifications to their heirs and those types of aspects, sometimes employees forget to comply with them or due to ignorance they do not do so,” he noted.
The basis of a good labor relationship between the worker and the employer is information and trust, affirmed Eric Castro, who argued that if the former is informed of his rights and the latter fulfills his obligations, there will always be “harmonious relations” . “If there is no information on the rights of workers, doubts can be generated in the fulfillment or not of these and cause unnecessary questions,” he warned.
For example, he said, a worker may believe that a colleague has already been paid the bonus in the first days of July, but he has not yet. The norm allows payment up to the 15th. If he does not know it, it could generate an unnecessary complaint, he added.
10 days is the term for the worker to choose the pension system of his preference.
Source: The Peruvian