The Five Most Relevant Workforce Changes of 2023: Impacts on Organizations and Workers | Employment | Job Benefits | economy

1. Terms of Teleworking. In late February, Executive Order No. Issued 002-2023-TR, which is Act no. 31572, approved the long-awaited regulation of the Teleworking Act. The standard has been well-received in the labor market as it includes facilities provided in the remote work system implemented during the pandemic. For example, employers are not required to bear the cost of services such as electricity and internet.

“With the convenience of telecommuting regulations, many companies have been able to choose to establish 100% remote or hybrid work; this benefits the parties as it frees up the worker’s time for personal matters, and benefits the employer by reducing office maintenance costs,” said Jaime Zegarra, labor attorney at Dentons.

read more: Teleworking: The most relevant points of regulation for workers and companies

2. Changes in labor outsourcing are void. In July, Indecopi declared a ban on the outsourcing of activities that are a core part of a company’s business as an illegal bureaucratic ban.

In addition, in 2022, the change established by the Supreme Decree (DS) issued by the Ministry of Labor and Employment Development (MTPE) during the government of Pedro Castillo was repealed.

“The MTPE did not appeal the decision of Integopi, thereby invalidating the 2022 DS. The ideal would have been for the new government to cancel the DS, but it did not do so for political reasons,” said César Puntriano, a labor lawyer at the Muñiz company.

read more: Companies can proceed with outsourcing: the green light from Indecopi

3. Valid Termination for Prohibited Cell Phone Use. In August, a case released by the Supreme Court confirmed that workers who use their cell phones during the workday, despite being prohibited by their employer, can be fired.

In the case analyzed by the Supreme Court, a worker worked as a machinist and had constant contact with machinery and chemical inputs that required a high degree of diligence, which he was not allowed to use because of the danger of his work. mobile phone After being disciplined five times by his employer, he was fired.

In this regard, Jaime Zegarra highlights two aspects about this statement. First, the validity of dismissal due to repeated petty offenses was recognized; That is, dismissal does not require gross misconduct.

“Furthermore, even if the use of a cell phone in a permissible case poses a security risk, other types of activities that do not have that risk may be permitted, rather the use of a cell phone is prohibited for security reasons or to avoid distractions or any other reason,” he added.

read more: Workers can be fired for using cell phones at work

4. Criminal sanction to managers for the death of a worker. In September, for the first time in Peru, a general manager of a company upheld the criminal sanction for the death of a worker in a work accident.

In this case, the manager was accused of “not diligently observing the occupational health and safety obligations imposed by law,” for which he was sentenced to 4 years in prison, as well as S/ 180,000 in civil damages.

“It is very relevant and enables companies to organize safety and health at work so that they do not have only fines but also criminal sanctions,” noted César Puntriano.

read more: General managers can go to jail for the death of a worker

5. Overtime by “hiding” agreement. Employers must pay overtime even if this extra work is not expressly agreed upon with the employee. In these cases, a “silent” authentication is created. This is highlighted by the Sunafil Labor Supervisory Court’s decision in October, which upheld a fine imposed on mining company Buenaventura for not paying one of its workers overtime.

In this regard, labor lawyer George Toyama opined that Sunafil’s application of the TFL Act was correct. “While some companies have a policy that all overtime must be previously approved by the employer, the law mandates internal work regulation,” he stressed.

read more: Employers must pay overtime even if no overtime contract has been entered into with the worker.