These are the main public issues and their respective deadlines for receiving suggestions and/or information.
| Public problem |
Final date |
Email address |
| Limitation on the use of the annual integral remuneration (RIA). It is proposed to extend the application of the RIA to workers who receive a monthly remuneration of at least one tax unit (UIT) (it is currently only applicable to workers with monthly remunerations of at least two UIT). |
30 September 2024 |
comentariosdnt@trabajo.gob.pe |
| Lack of uniformity in the payment of salaries and social benefits by employers. It is proposed that payment be made through financial system entities and not in cash. |
31 July 2024 |
comentariosdnt@trabajo.gob.pe |
| High deficit of decent employment in terms of access to and permanence in a job free of any type of violence and harassment (mainly gender-based). This problem is related to the need to adapt local regulations to the ILO Convention No. 190, which outlaws all types of violence in the workplace and has been ratified by Peru. |
30 March 2024 |
chinojosa@trabajo.gob.pe |
| Inadequate management of occupational safety and health (OSH), which is reflected in a higher occurrence of work accidents and occupational diseases. To address this problem, it is proposed to regulate in more detail the obligation of every employer to organize an OSH system, whose purpose is essentially preventive. |
2 May 2024 |
sat@trabajo.gob.pe |
| High unemployment rate of people with disabilities in the labor market. In view of this situation, it is proposed to guarantee the effective compliance with the employment quota (3%) applicable to companies with 50 or more employees. |
20 July 2024 |
empleo-discapacidad@trabajo.gob.pe |
| Low labor productivity of productive units (mainly micro and small enterprises), low competitiveness and significant limitations on the employability of the economically active population. In this regard, it is proposed to approve a Law of the National Employment Service System to guide the role of the MTPE as the articulator of employment services. This would imply articulating the services of the training sector and of the productive sectors for a better match between labor supply and demand, in the short and long term. |
30 September 2024 |
vcardenas@trabajo.gob.pe |
| Lack of regulation of the Labor Inspection System's regulatory provisions on administrative conciliation that would allow the Labor Inspection to perform its conciliation function effectively. As a solution to this problem, a modification to the regulation on administrative conciliation is expected to be proposed. |
31 August 2024 |
comentariosdprit@trabajo.gob.pe |
| The fines imposed by the Labor Inspection on the employer regarding compliance with social and labor regulations lack deterrence and are unreasonable. Having identified this problem, the fines and infringing behaviors applied by the National Superintendency of Labor Inspection (SUNAFIL) may be modified, although the meaning of this modification is unclear. |
30 September 2024 |
comentariosdprit@trabajo.gob.pe
|
| Noncompliance with the timeframes established for the instruction phase of SUNAFIL's inspection procedures. Having identified this problem, measures to ensure that the procedures are carried out within the deadlines established by law and are not excessively prolonged are expected to be proposed. |
31 October 2024 |
ytoledo@sunafil.gob.pe |
| The need to specify the scope of labor inspectors' power to order the stoppage or prohibition of work and/or tasks. This implies that a specific regulation on this power will be proposed. |
30 November 2024 |
ytoledo@sunafil.gob.pe |
| Limited number of certifying physicians for persons with disabilities in ESSALUD. It is proposed that the necessary legal modifications be made so that more ESSALUD physicians can issue this type of certificate. |
15 March 2024 |
josela.rodriguez@essalud.gob.pe |
Key takeaways
The MTPE's early agenda allows citizens to give their views to the entity, providing suggestions on possible solutions or impacts, as well as sharing relevant and pertinent information regarding the public problem.
It favors citizen participation in the process of generating evidence and proposals for alternative solutions to the identified public problems, helping to reduce the risks of corruption or regulatory capture.
Should you require further information or support in preparing your comments to any of these problems, please do not hesitate to contact us.
Click here to access the Spanish version.
* * * * *
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office", means an office of any such law firm.
Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.
@2024 Estudio Echecopar
All rights reserved.
No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.
