Peru: COVID-19 - Sanitary Emergency extended for 90 days

In brief

Through Supreme Decree No. 003-2023-SA, the Government has extended the sanitary emergency for a period of 90 calendar days from 25 February 2023. With this, the sanitary emergency is extended until 25 May 2023.


Contents

In depth

The extension of the sanitary emergency extends the validity of certain temporary labor obligations, which are detailed in the following table:

Provisions effective through 25 May 2023

 

COVID-19 Prevention, Surveillance and Control Plan

The Plan will be in effect during and after the sanitary emergency period.

There is also an obligation to have a licensed nurse and/or occupational physician during this period.

Occupational Health and Safety Obligations

The obligations to perform occupational medical examinations, conduct audits of the occupational health and safety management system, conduct face-to-face training (except in certain cases) and renew the Occupational Health and Safety Committee or Supervisor are suspended.

Workers in charge of persons with positive disability COVID-19 or who are part of the risk group

Workers who have under their exclusive care a family member up to the fourth degree of consanguinity or second degree of affinity with a disability diagnosed with COVID-19 or who belongs to the risk group for COVID-19 are entitled to request to perform remote work, until the end of the sanitary emergency.

Employment facilities 

Employers should provide work facilities for workers who have immediate family members diagnosed with COVID-19 or who are at risk for COVID-19 infection, and in both cases are not hospitalized.

Pregnant and breastfeeding employees During the sanitary emergency, the employer identifies pregnant and breastfeeding workers in order to apply mandatory remote work for the performance of their work activities. When the nature of the work is not compatible with remote work and for the duration of the sanitary emergency, the employer assigns work compatible with the functions originally performed, or preferably grants leave credits subject to subsequent compensation.
Trade union activity

Workers may use information and communication technologies for the acts proper to the union activity. For those acts that require an assembly, the minutes may be replaced by an affidavit of the general secretary or whoever is empowered according to the organization's bylaws.

 

The extension of the sanitary emergency means that different temporary labor obligations are maintained, a situation that may not necessarily resonate with the current conditions, especially now that there is a greater return to face-to-face work.

In this sense, it is necessary to update the provisions related to the sanitary emergency in order to adapt them to the reality in which we find ourselves.

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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

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