Norma Legal Sobre Suspension Perfecta De Labores

It should be noted that companies that have carried out the perfect suspension of work from April 15 until today have a period of (05) five days to adapt their procedure for the perfect suspension of work to the provisions of Supreme Decree No. 011-2020-TR. Initially, when the state of emergency was imposed and quarantine for a period of (15) fifteen days, the Government has directed private sector employers to grant leave for this period to provide their employees with reimbursable days, unless otherwise agreed by the parties; Despite the fact that, until today, Legislative Decree 728, Employment Promotion Act, was fully in force, which determines the number of perfect suspension of work for cases of force majeure and fortuitous events such as the one in which we find ourselves. Subsequently, and with the successive extensions of the quarantine, the State recognized the need to give employers a little rest and facilitated the perfect suspension of work as an exceptional alternative, but here too the government seems to want to come back and proposes a series of complementary rules that make it difficult to obtain exceptional access to the suspension of work. It would have been much more appropriate for the government to comply from the outset with the provisions of Legislative Decree 728, which is clearer, more feasible and therefore more effective for situations such as the current one. Another aspect that motivated the submission of the aforementioned law, according to MP Sigrid Bazán [8], is that many companies have used this measure indiscriminately and that the impossibility of the labour inspectorate has been found to be completed within the legal deadline to examine countless suspensions in transit. On this point, labor lawyer Ricardo Herrera [9] pointed out that of the 40,000 perfect suspensions presented, only 60% have been proven, there are 40% significant perfect suspensions, which corresponds to 16,000 suspensions that have not been approved, so there was no blind process, because all this was controlled by the Ministry of Labor. The employment contract includes a number of obligations that are responsible for both parties: employee and employer, what© does it mean to suspend this employment contract? The total suspension of work, although it has its particularities, can be defined as a measure that allows the temporary suspension of the employee`s obligation to provide services, while suspending the employer`s obligation to pay the consideration, i.e. to pay the corresponding remuneration. (c) TDP forms 601-PLAME on compensation of employees for the corresponding month. 7.2 The employee who is in perfect working attitude provided for by the legal framework in force and who has no balance on his CTS account may ask his employer for the advance for the payment of the CTS for the month of May 2020 and the bonus for the month of July 2020. calculated at the time of withdrawal. This request may be submitted through channels other than face-to-face and executed by transfer to the employee`s active or passive accounts indicated by him.

The employer must pay the advance within the first five (5) calendar days after the employee`s request. The request for total suspension of work may be requested in the following cases: What about the legal changes regarding dismissals? This has gone through several phases during the pandemic. A first stage began with the imposition of the state of emergency and up to two weeks in April. In this first phase, workers were allowed to perform work remotely, and those who could not perform their work remotely had a compensable license. This means that the employee must compensate for paid and unworked hours. 14. In April, Emergency Order 038-2020 was adopted, which established the possibility of implementing the perfect suspension of work. The rule states that employers can agree on alternative measures with their employees, and if they do not work, they can take the perfect suspension of work.