Guidelines applicable to all employers are set.
A new regulatory framework that allows compensation for accumulated hours of paid leave during the health emergency caused by covid-19 without affecting the rights of workers was incorporated into labor legislation.
This is 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.
The norm – applicable to all employers and workers in the public and private sectors, under any labor regime – provides that this compensation be given in two ways: with overtime work and vacations, explains Miranda & Amado.
For compensation with overtime work, this may be given before or after the working day and with training carried out outside the working day without exceeding two hours a day.
For this purpose, each hour of overtime work or dedicated to training outside of the shift will compensate three hours of paid leave. It should be taken into account that the sum of these hours with the worker’s day may not exceed 52 hours per week, warns the aforementioned legal firm.
To compensate with vacations, vacations acquired and pending enjoyment may be considered, taking into account that each vacation day will be equivalent to three days of paid leave and that no more than 15 days may be compensated per vacation period pending enjoyment
The law establishes that within 15 days of its entry into force, employers must notify workers in writing of the total hours of paid leave that they owe. Term that will expire on December 16 of this year, indicates the Chamber of Commerce of Lima (CCL).
In turn, the compensation of hours may be made during 1 year from the entry into force of the aforementioned law. That is, until December 2, 2023, the CCL specifies.
All this taking into account that the hours not compensated in said period will be considered acquitted.
At the same time, the law prohibits making discounts in the settlement of social benefits made at the end of the employment relationship, to compensate for the hours of paid leave generated by the legal provisions implemented in the context of the health emergency caused by the covid- 19.
The labor lawyer César Puntriano Rosas, partner of Estudio Muñiz, warns that the compensation made prior to the entry into force of the law is maintained, as well as future agreements.
He believes that this rule does not prevent the staff from agreeing differently.
Source: The Peruvian