international employment law firm alliance L&E Global

Peru: Finalisation of sanitary emergency due to COVID-19

On 25 May 2023, the sanitary emergency declared in Peru on March 2020 due to COVID-19 pandemic finished.

Such situation has the following labour impact:

  • The employer will not be entitled to amend workers’ shifts as a preventive measure against the risk of spreading COVID -19. Notice that general labour regulation still allows such possibility due to objective causes.
  • The employer must practice occupational exams to employees every two years in jobs that are not risky and annually for those who imply the execution of risk activities. Also, pre-employment exams should be practiced to employees that perform risky activities.
  • Until 23 August 2023, the employer must carry out audits to the Occupational Health and Safety Management System and must present the audit report to the competent authorities within a maximum period of 15 calendar days from its issuance.
  • Execute election process of workers’ representatives before Health and Safety at Work Committee.
  • The priority access to remote work or granting of a compensable paid leave to workers with disabilities ends.
  • The priority access to remote work or the granting of a compensable paid leave to workers who are relatives and in charge of people with disabilities who have a diagnosis of COVID-19 or belong to the risk group for COVID-19 is without effect.
  • The employer’s obligation to identify pregnant women workers and lactating mothers whose integrity or that of their minor child is put at risk of contagion from COVID-19, for the purpose of mandatorily applying remote work for the fulfilment of their work activities ends.
  • The possibility for workers to use information and communication technologies for acts typical of union activity and for union communications with the employer to be carried out electronically ceases.

Finally, all obligations set forth in Administrative Directive No. 339-MINSA/DGIESP-2023, which establishes the provisions for surveillance, prevention, and control of the health of workers at risk of exposure to SAR-CoV-2, approved by Ministerial Resolution No. 031-2023-MINSA, such as: filling out a symptom card, implementation of hand washing or disinfection points, CO2 measurement, among others remain in effect.