Requirements for applying for the perfect labor suspension

Since the publication in the newspaper "El Peruano" of Supreme Decree No. 011-2020-TR, the conditions that the employer must comply with in order to proceed with the Perfect Labor Suspension have been established, taking into account that this is an exceptional measure that can only be applied when the employer has exhausted all means to maintain the chain of payments and employment of its workers.

According to the new regulation, the norm involves employers and workers in the private sector (micro, small, medium and large enterprises), under any regimen and that due to the nature of the company's activities or the difficult economic situation they are in, it is impossible to implement remote work or continue to grant paid leave. This condition will be calculated based on the salaries paid according to the electronic payroll and the level of sales of each company.

If the company provides false information or documentation in order to apply for this employment measure, it will be subject to a fine (from 5 to 10 UIT) and criminal sanctions, and the matter will be reported to the Public Prosecutor's Office. In addition, the employer will be obliged to pay the full salary and order the reinstatement of the employee in the company's activities.

For further information or to request advice on this matter, please write to the following e-mail addresses: omago@omcabogados.com and marketing@omcabogados.com.pe