On May 20th, 2019, Superintendence Resolution No. 167-2019-SUNAFIL was issued, which approved the criteria adopted by the "Criteria Committee on legal matters applicable to the Labor Inspection System of the National Superintendence of Labor Inspection - SUNAFIL", created by Resolution of Superintendence No. 61-2019-SUNAFIL.
In this context, two normative criteria were approved in order to standardize the applicable legislation, in the following topics:
TOPIC 1
Configuration of the obstruction to the inspective work in its modality of impediment of entrance to the work center or to certain areas of the workplace.
The impediment of entry or permanence in the work center or in certain areas of the workplace to the inspecting personnel and/or of the officially designated experts or technicians, is taken as a very serious infraction when it is proven that the aforementioned infraction was given by orders or directives of the employer.
If it is not proven that the infraction was caused by orders or directives from the employer, the serious infraction must be applied in accordance with the provisions of numeral 45.1 of the Regulations of the General Labor Inspection Law.
"Article 45.- The following breaches are serious infractions:
45.1 Non-compliance with the duty of collaboration with supervising inspectors, labor inspectors and inspection assistants regulated by article 9 of the Law, provided they are not classified as very serious infractions. "
TOPIC 2
Compensation and legal vacation break.
The failure to enjoy the effective vacation break is amended by the payment made by the employer for the concepts referred to in Article 23 of Legislative Decree No. 713.
"Article 23.- The workers, in case of not enjoying the vacation break within the following year in which they acquire the right, will receive the following:
a) A remuneration for the work performed;
b) A remuneration for the vacation break acquired and not enjoyed; and
c) A compensation equivalent to a remuneration for not having enjoyed the break. This compensation is not subject to payment or retention of any contribution or tribute.
The amount of the remunerations aforementioned will be the one the worker is receiving in the opportunity in which the payment is made."
AOV ABOGADOS
May 2019