Supreme Decree No. 179-2021-PCM stipulates as follows: “14.7. From 10 December 2021, any person who performs on-site work must provide proof of their complete vaccination against COVID-19, vaccines administered both in Peru and abroad being valid.
In the case of service providers of private activity that do not have complete vaccination, they must provide services through the modality of remote work. When the nature of the work performed is not compatible with the remote modality, the event of suspension of the work contract, without pay, will be understood in accordance with the first paragraph of article 11 and the literal ll) of article 12 of the Unique Text of Decree No. 728, Law of Productivity and Competitiveness, approved by Supreme Decree No. 003-97-TR, unless the parties agree on the imperfect suspension of the employment relationship. By ministerial decision, the Ministry of Health, in coordination with the Ministry of Labor and Employment Promotion, may establish exceptions and supplementary provisions. It is the obligation of the employer to verify compliance with the aforementioned provisions.”
What does this legal provision mean?
- As of 10 December, employers may only allow workers who have completed their vaccination to enter the workplace.
- Regarding the consequences for workers who refuse to be vaccinated:
- If the unvaccinated worker can perform remote work, they must provide services under this modality, without affecting their employment relationship.
- When remote work is not possible due to the nature of their activities, the employer may suspend the payment of remuneration. If the parties so agree, a paid leave may be agreed upon.
- Exceptions may be made by the Ministry of Labor at a later date.
- There is no regulation on the possibility of sanctioning staff who do not wish to be vaccinated.
We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.
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