After having lived through an unprecedented global pandemic that has had numerous economic and social implications, Peru, that has been one of the countries most affected by the Covid-19 in Latin America, is now studying formulas and measures in order to guarantee the security of its citizens and the economic stability of the country. As we all know, the situation in which we have been immersed has affected labour matters enormously, which is why new provisions have recently been issued in order to regulate labour inspections and thus control issues such as arbitrary dismissals or the workplace capacity.
Through Superintendent’s Resolution No. 89-2020-SUNAFIL, published in the Official journal “El Peruano”, on July 11, 2020, new rules and general provisions applicable to inspection are issued, in order to ensure compliance with labor regulations regarding the State of Sanitary Emergency and to prevent the spread of COVID-19.
This protocol is divided into three phases:
- Request for prior information:
- Through any electronic communication that allows the effective exchange of communications and documents.
- AIT (Labour Inspection Authority) may have inspection orders, based on the analysis of the information received previously, or in case it has not received any.
- Inspection function:
- It will be exercised, as a priority, virtually (phone calls, WhatsApp, videoconferences, etc.) and exceptionally in person.
- In the case that non-compliance is detected, the AAT (Administrative Work Authority) may order the closure of the area or establishment as a precautionary measure.
- The main issues on which the audit will focus are: work accidents followed by death, arbitrary dismissals, paid leave to be compensated, perfect suspension of work, application of remote work for risk groups, implementation of the surveillance plan, prevention and control of COVID-19, acts of hostility, etc.
- Acts of investigation:
- Inspectors will assess the following in their investigative task:
- Inspections may be conducted in person or virtually.
- If the inspection was initiated by a complaint, the inspector will contact the complainant using technological tools. The meeting between the complainant and the head of the work center may be recorded with the prior authorisation of both parties.
- Regarding the work center that is subject to inspection, the inspector will verify the following:
- If the economic activity carried out by the company is within the activities allowed and/or included in the Resumption of Activities Phase
- In case the activities of the centre are not within the allowed ones, the inspector will evaluate the continuity of them, as well as the physical permanence of the workers in the workplace
- Inspectors have the power to physically enter, without prior notice and at any time, the workplace and remain there as long as necessary until the investigation is completed. This can also be done by video call, with the help of the person in charge of the work center, in order to visit and virtually recognize the facilities of the center and verify if they comply with the minimum required measures.
This protocol seeks to guarantee safety in the workplace, not only for workets, but for the society as a whole. This is Peru’s response to a ”new normality” that is full of challenges and uncertainty, but also full of opportunities. At Auxadi we are experts in providing value added services in accounting, tax compliance and international payroll management. We work every day to keep abreast of all legislative developments at an international level, which is crucial in extraordinary and uncertain times such as the ones we are experiencing. If you need to expand on what is set out here, please do not hesitate to contact us.
Do you need more information?
Olga Melissa Lévano
International Desk Manager
All information contained in this publication is up to date on 2020. This content has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this chart without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this content, and, to the extent permitted by law, AUXADI does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this chart or for any decision based on it.