Vaccination scheme determines work continuity in Peru

According to D.S. No. 179-2021-PCM, the employer is obliged to enable the remote work modality for all those people who have not received the three doses of the Covid-19 vaccine and who are carrying out face-to-face work.

However, it will be the very nature of the work that defines whether it is job compatible with remote work, if not, the employee will face a situation in which the employment relationship will be suspended and without salary until reincorporation, after accrediting of having received the complete vaccination scheme for which the vaccinations received abroad count as valid.

It is worth mentioning that the period of perfect suspension of work is not considered for the calculation of the CTS, bonuses, vacations or participation in the company's profits. As there is no payment of remuneration, social contributions are not paid or deducted. Hence, both the Employer and the employee can agree to an imperfect suspension of work, in the form of paid leave or early vacations.

If you need more information or wish to make a query on the subject, OMC Abogados & Consultores is at your entire disposal, you can write to us at omago@omcabogados.com.pe and/or marketing@omcabogados.com.pe