Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Support for Employees with a Minor Child Suffering from Cancer

New Legislation Enacted

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

On September 2, Congress enacted Act 31041 to establish various measures to guarantee the early detection and treatment of cancer in children and adolescents. Under the Act, an employee with a minor diagnosed with cancer can receive an oncological subsidy, amounting to two legal minimum wages disbursed throughout the treatment. These employees also are eligible for a one-year leave, compensated for the duration of the year. The employer will cover the first 21 days of the leave compensation; EsSalud (Peru’s National Social Security Institution) will cover the remainder. The subsidy is limited to one per home and employees can take the paid leave only once.

Economic Benefit for Eligible Suspended Employees

New Order or Decree

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

Supreme Decree 017-2020-TR, published on July 13, establishes an economic benefit for eligible suspended employees. To receive the benefit, employees must work for an employer with 100 employees or less, have a monthly salary of 2400 PEN or less, and must not be a recipient of other government program designed to address poverty or vulnerability.

Administrative Procedure for the Authorization of Adolescents’ Work

New Order or Decree

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

Supreme Decree 018-2020-TR, which was published on August 25, 2020, establishes an administrative procedure to hire adolescents. This procedure is free and requires the employer or the adolescent’s parents to submit a request, in person or via mail, before the Ministry of Labor and Promotion of Employment. For the application to be approved, the terms and conditions of the job cannot interfere with the adolescent’s school attendance, and cannot require a night shift nor exceed the working time allowed under the law, among other criteria. If approved, the authorization period will last the duration of the employment contract, unless the parties’ request for an extension is approved.

Extension of the State of Public Health Emergency

New Order or Decree

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

On August 28, the Ministry of Health issued Supreme Decree 027-2020-SA, extending the Public Health Emergency for 90 days, through December 6, 2020. This means that labor measures enacted only for the duration of the state of emergency are automatically extended. These measures include the telework regime, including the obligation to keep at-risk employees (due to their age or clinical factors) performing remote work or, if that is not possible, grant them a paid leave subject to later compensation. Other measures include the authorization to modify work schedules and suspend work, as well as the ability to receive a government subsidy for employees diagnosed with COVID-19.

Authorization for Late Filing of Medical Certificates

New Regulation or Official Guidance

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

On September 22, EsSalud (Peru’s National Social Security Institution) issued Resolution of General Management 1063-GG-ESSALUD-2020, which allows employees and employers to make late filings of medical certificates, in order to receive the subsidies (in case of employees) or reimbursement (in case of employers) for medical and maternity leaves. The general rule requires the certificates be presented within 30 business days after their issuance. The Resolution creates an exception to accept certificates issued from January 30 onwards and throughout the public health emergency.