Last Sunday, Supreme Decree No. 108-2022-PCM was promulgated, which makes certain modifications to the restrictions that the health emergency brings. Among the changes, it eliminates article 4.9 of the State of Emergency, which made the accreditation of the vaccination to be able to carry out face-to-face work.
“Any person who carries out face-to-face work activity must certify their complete vaccination scheme against COVID-19, the vaccines administered both in Peru and abroad being valid,” pointed out the norm.
That said, with the new modification it would no longer be mandatory to have full vaccinations to be able to work physically in the private sector.
What else did article 4.9 say?
In the case of private activity service providers who do not have the application of the three doses of vaccination against COVID-19, they must provide services through the remote work modality.
When the nature of the work is not compatible with remote work, the suspension of the employment contract will be understood to have occurred, without the benefit of salaries, unless the parties agree on the imperfect suspension of the employment relationship. The Ministry of Health, in coordination with the Ministry of Labor and Employment Promotion, can establish cases of exception and complementary provisions.
It is the obligation of the employer to verify compliance with the provisions indicated in this numeral. The verification of the physical or virtual card must be carried out together with the official identity document.
In the case of public sector workers who do not have the complete vaccination schedule, the provisions of the Sole Final Complementary Provision of Emergency Decree No. 055-2021 and the complementary provisions issued by the Ministry of Health apply. which indicate that workers who do not have the complete vaccination schedule will be sent to perfect suspension.
Then, all the aforementioned points are annulled with the promulgation of Supreme Decree No. 108-2022-PCM.
Entrance to coliseums, stadiums and concerts
The norm also indicates that only those over 5 years of age who present their physical or virtual card that certifies having received, in Peru and/or abroad, the first and second dose of vaccination against COVID-19, additionally requiring the third dose for those over 12 years of age.
“In all cases, the permanent use of a KN95 mask is mandatory, or failing that, a three-fold surgical mask and a community mask (fabric) on top of it”arranges the text.
