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Extension of the Remote Work
New Legislation Enacted
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
Emergency Decree 115-2021, which was published on December 30, 2021, among other things modified Emergency Decree 026-2020 that regulates the “remote work regime,” which allows employees to work from home or their place of isolation by using any type of mechanisms for the provision of services, as long as the physical presence of the employee in the workplace is not linked. The new decree in part extends the remote work regime until December 31, 2022, for both the public and private sectors.
Requirement of Full Vaccination for Work
New Order or Decree
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
On December 9, 2021, Supreme Decree 179-2021-PCM was published, which modified in part a previous decree that declared the National State of Emergency and set forth measures to follow during the new social coexistence. As of December 10, 2021, under the new decree, any person that performs in-person work must present proof of their full vaccination status; otherwise, they must provide services through remote work. If the job is not compatible with remote work, they will be subject to a “perfect suspension of work,” which means the employee can no longer perform the job and the employer is not required to pay a remuneration, though the employment relationship will continue to be valid.
New Rules to Elect Employee Representatives for Workplace Safety and Health Committees
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
Ministerial Resolution 245-2021-TR, published on December 11, 2021, approved a procedure to elect employee representatives for the Workplace Safety and Health committees and subcommittees and supervisory roles. It also repealed a previous resolution. The new resolution regulates the scope of application, details the procedure to undertake and the various duties to elect employee representatives.
New Guidelines on Monitoring, Prevention, and Control of Employees’ Health
New Regulation or Official Guidance
Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría
Ministerial Resolution 1275-2021-MINSA, which was published on December 3, 2021, modified various previous resolutions, directives and guidelines relating to the monitoring, prevention and control of employees’ health. Among other things, the new resolution provides that the taking of temperature is no longer required. It also provides that employers should verify employees’ full vaccination status.
