Regulate new work license




Law No. 31602 has provided for the granting of leave to the worker for the death of a spouse, parents, children and siblings for a period of five calendar days. Although, if the death occurs in a different geographical place from where the staff’s work center is located, the license is extended up to the term of the distance, in accordance with what is indicated in the regulations.
However, the benefits obtained by workers on licenses, by unilateral decision or by collective agreement, remain in force as long as they are more favorable to the worker, explained labor expert César Puntriano, commenting on the impact of the law.
He said that the objective of the rule is to equate the situation of private personnel to workers in the administrative career and to CAS, who already receive this license.

He also noted that the law does not specify whether the license is granted with or without salary. “Although the initial project indicated that it was granted with remuneration, that is, it was an assumption of imperfect suspension of work, the final text does not indicate it. As this precision does not exist, it cannot be interpreted that it should be remunerated”.
In this regard, he stated that the rule in an employment relationship is that remuneration is generated by effective work or made available to the worker, so that payment of this without the aforementioned occurring must be expressly set.

In the opinion of labor activist César Puntriano Rosas, it will be necessary to wait for the content of the regulation, but if it establishes that the leave is paid, it will be an illegal norm.
He also warned that the worker must prove his relationship with the deceased relative, as well as his death with the corresponding death certificate.

Source: The Peruvian

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