Through a recent emergency decree, Peru established that the validity of the remote work modality will be extended until 31st December 2021. The country continues to fight against COVID-19 cases, and it’s been one of the countries with the highest death rate. Despite vaccination rates, the country had 2.3 million cases and approximately 197,000 deaths. Consequently, the government continues to encourage social distancing and the implementation of remote work throughout organizations.
Peru: Remote Work Emergency Decree
In the Emergency Decree No.055-2021, the government highlights that to guarantee safety they continue to establish rules and decrees to help avoid spreading the virus. They will continue ensuring the provision of public services through the remote work modality.
These are some of the main points discussed in the emergency decree:
- Remote work implementation is optional.
- Employers may extend remote work for those who are under this modality. To do this, employers must send a written communication informing employees about the extension.
- Employers are not required to provide equipment or tools for remote work; these can be procured by the worker without the right to compensation.
- Remote work is mandatory for at-risk personnel who suffer from COVID-19 comorbidity. However, at-risk workers may work in person if they follow the procedure prescribed by the Ministry of Labor.
- Employers must implement remote work on a mandatory basis for pregnant or lactating workers, as well as for workers with disabilities. There is no exception to this guidance.
- Employees need to be briefed on the risks to their safety and health while performing remote work, as well as in the use of new technologies, if necessary, to execute the work remotely.
- All workers, especially those who provide remote work, have the right to digital disconnection. They can disconnect from their computer and other telecommunication devices at the end of their day until the beginning of their next working day.
Despite continuing to encourage social distancing, other countries in Latin America are taking a different approch. In Argentina, for example, employers can ask vaccinated workers to return to the office.