In recent days, several legislative decrees have been approved. These decrees have had an impact on the labor legislation, both in the Public Sector and in the Private Sector, and have also influenced the application of labor rights. Here a recount of the main measures:
Accuracy about the obligation to perform the initial medical examinations.In accordance with Supreme Decree No. 016-2016-TR, which amends the Regulations of the Occupational Safety and Health Law, occupational medical examinations must be practiced every two years, counting from the worker’s income (for new workers) or from the date of your last occupational medical examination by the employer (in the case of workers with a current relationship). Therefore, as established in the Occupational Safety and Health Act, it is only mandatory to perform these examinations at the beginning of the employment relationship when the worker carries out a high-risk activity.
Update of risk activities.By means of Supreme Decree No. 043-2016-SA, the list of risk activities is expanded to be included in the coverage of the Supplementary Risk Work Insurance (SCTR). It should be noted that this insurance is intended to cover the contingencies of workers caused by accidents at work and occupational diseases in cases where the activity of the company is classified as risk.
Use of technology in the signing of labor documents.Legislative Decree No. 1310 states that in all types of labor documents, the employer can substitute his signature and manual sealing for the following options: digital signature, electronic signature and microforms.
Implementation of virtual means for the delivery of ballots and proof of payment.The same provision stipulates that when the payment of the economic labor obligations is deposited through companies of the financial system, the employer can substitute the physical printing and delivery of the tickets or payment certificates by making available to the worker of those documents through the Use Information and communication technologies. To do this, it is required that the means used ensure the registration of their issuance by the employer and adequate and reasonable access by the worker. In this case, no signature of reception of the worker is required.
Conservation of labor documents.Legislative Decree No. 1310 provides that, for all legal purposes, employers are required to keep documents and proof of payment of economic labor obligations for up to five (5) years after payment has been made. This period must be observed in their actions by the administrative, inspection, judicial and arbitral bodies. On the other hand, it prescribes that in the case of the ONP, the employer may destroy the payroll information corresponding to periods prior to July 1999, after digitizing it with legal value or physically delivering it to that entity.
Delimitation of the power of intervention of the National Authority of the Public Function for affectations to the probity principle.One of the attributes of the National Civil Service Authority is the intervener, in the case of detecting irregularities in the management or management of human resources in terms of competition. Now, by Legislative Decree No. 1337, the National Authority of the Public Function will exceptionally exercise this attribution in the event of a request from a holder of the entity of the Executive Branch, in case of serious damage to the principle of probity and ethical public. In that sense, an intervener will be appointed who will act as instructing body of the administrative disciplinary procedure that motivated the intervention.
Disqualification of the public service for five years.Penalties for firing or that have exhausted the administrative procedure and have been duly notified entail automatic disqualification for the exercise of the public function and the provision of services for five years. During that period, the official can not re-enter to render services to the State, in any form or modality. It is mandatory to register the server in the National Registry of Sanctions against Officials and in the Registry of Disabilities, as provided by Legislative Decree No. 1295.
8. Prohibition of providing services to the State for the commission of corruption offenses.According to Legislative Decree No. 1295, persons convicted and / or executed for any of the offenses set forth in articles 382, 383, 384, 387, 388, 389, 393, 393-A, 394, 395, 396, 397, 397-A, 398, 399, 400 y 401 of the Penal Code, can not render services in favor of the State, under any modality or form.
Advertising of sanctions against civil servants.The sanctions registered in the National Registry of Sanctions against Civil Servants are public access as long as they remain in force.