How do the new labor provisions affect workers and companies?

The Government announced this week measures that will impact workers and companies, including the modification of the Regulations of the General Labor Inspection Law, the return to face-to-face attendance of those who work for the State and also enlist a 100% capacity regulation for work centers. In this note we tell you all the details about these changes.

Regarding the change in ninth final and transitory provision of the regulations of the General Law of Labor Inspection, Brian Ávalos, partner in the labor area of ​​the Payet, Rey, Cauvi, Pérez Abogados law firm mentioned that he refers to administrative infractions that affect compliance with labor provisions to prevent the spread of COVID-19, such as allowing entry or the permanence of people to provide services in the workplace, when they do not have the required vaccination doses.

It should be noted that the regulations in force since April 1 indicate that it is mandatory to have the three doses of the COVID-19 vaccine to enter public and private establishments. The Government ordered that this measure applies to people over 18 years of age.

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“If an employer allows the assistance of a worker without his three doses, he is exposed to administrative sanction”, the expert mentioned to this medium.

What is the fine for companies?

According to the labor activist, a detail that the supreme decree specifies is that “For purposes of calculating the fine to be imposed, it is considered as workers affected to the total number of people who provide services in person in the work center in which the commission of the aforementioned infraction was noticed”.

He gave as an example, if Sunafil found a worker in a company without the full dose, the fine that will be imposed will be calculated by the total number of people who work.

“In the general rule, the affected people are fined, but in this framework the sanction will be for all the workers who are registered.”, he referred.

He mentioned that there are scales of sanctions. “The fine typified for very serious infractions, in the case of companies, ranges from 2.63 UIT (S/ 12,098) and can reach up to 52.53 UIT (S/ 241,638)”.

He also argued that the supreme decree adds that it will be classified as a very serious infraction “Failure to comply with the provisions related to service providers who do not have the required vaccination doses against COVID-19, according to current regulations, on the occasion of the return to work activity in person at work centers”.

Regulations for 100% capacity in work centers

Another of the changes that there will be is the capacity of 100% in work centers and for this the Ministry of Labor prepares a regulation.

“The staff must be vaccinated with their three doses so that they can return to their face-to-face work […] 100% capacity will also be managed in work centers”, mentioned the Minister of Health, Jorge López.

About, Caesar Puntrianpartner of Estudio Muñiz, stated that currently the work centers do not have capacity restrictions.

“What we have today are the provisions for the Surveillance, Prevention and Control of COVID-19, which mentions that in work centers there must be physical distance of at least one meter, in addition to the use of a double mask or a KN95 and social distancing. the dining rooms“, he pointed.

Along these lines, the labor lawyer recommended that the distancing rule should be removed.

“It seems to me that the idea is to eliminate the distance meter between workers, but It should continue to apply that the work environment is ventilated, the use of masks, as well as hand washing and disinfection”, he narrowed down.

Regarding the control for the fulfillment of these rules, Puntriano explained that it is very limited, for the same reason that Sunafil does not have sufficient resources to reach all companies.

Return to face-to-face public servants

The President of the Council of Ministers, Hannibal Torresannounced on Wednesday the return of all public servants in the regions where vaccination with three doses has reached 80%.

The premier asserted that face-to-face attendance is necessary to guarantee good care for citizens, under conditions in which virtuality has not always been able to prosper since the pandemic began.

“They must return to face-to-face work because it is necessary to serve the public properly, which is difficult with this remote work”expressed the head of the PCM.

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