If an immediate family member dies, your employer must grant you leave time in accordance with the law. How many days are they and how do I know if it is paid? Labor lawyer explains it.
The Congress of the Republic approved in November the law #31602which establishes the granting of days off to a worker of the private company upon the death of an immediate family member. However, despite being promulgated by the Executivethe aforementioned norm has several legal gaps that the labor lawyer Caesar Puntrian evidence in this medium. How many days of leave are granted to the worker? Are you entitled to a payment? The lawyer explains it.
In principle, the regulations establish that the worker You will receive five days of leave in your work center for the death of a spouse, parents, children and siblings, which could be extended to three days when the death occurs in a geographical location different from where the employee’s workplace is located, although the rule does not expressly say so.
“This law is for private companies, on the other hand, for the public sector has been regulated since the 1990s“, Puntriano maintains to La República; however, he emphasizes that the workers of the private regime in the public sector are left unprotected by this law, because it does not protect them.
If I request leave due to the death of my relative, will I be paid for the days not worked?
In the words of the labor lawyerthere is another gap in the regulations here, since the law does not clearly say that the leave is paid. “The norm is poorly drafted and it could be interpreted that this license is without pay, because the workers receive their remuneration according to the days worked”, he points out.
If your company denies you the five-day leave after the death of a loved one, you can report it to Sunafil / Photo: baudlegal
“It’s standard practice”
Puntriano refers that before the aforementioned law existed, which was supported by the Congresswoman Sigrid Bazanprivate companies had been granting such permits to their workersbecause they stated it in their internal regulations.
“Private companies have this in their regulations. It is a common practice. Imagine that companies give three days of leave added to a payment, the law says that the agreement is maintained if it is favorable to the worker, then the employer would apply the policy internal,” he explains. “This has been happening with workers in the private regime of the public sector such as SBS, Sunat, Osinergmin“he adds.
What happens if the death occurs in another region?
He article 1 of said law states that if the death of immediate family member HE produces in a different geographical place from where the work center of the workerthe license will extend until the end of the distance. However, it does not specify the number of days. According to the draft regulations prepared by the Ministry of Labor, the added time will be according to the distance. “For this, a resolution of the Judiciary has been taken into account, where for the sending of files, they calculate how long it takes a person to arrive, for example, from Lima to Piura,” he indicates.
What documents to submit to request the license?
Nor does the standard require it. However, as César Puntriano points out, the most likely thing that should be requested is that the filiation or death certificate be accredited, even if The best thing to do is to have ready an affidavit with charge to regularize laterbecause in the midst of the painful process that the worker faces due to the loss of his loved one, he should not be thinking about cumbersome procedures.
Where do I report if I am not granted leave on death?
If your company has denied you a five-day permit after the death of a loved one, you can report it to the National Superintendence of Labor Inspection (Sunafil), which is the first front for the protection of labor rights. “An inspection could be scheduled to verify non-compliance,” says the labor lawyer.
How much are the fines?
In the very serious category, non-compliance related to labor fines depends on the ITU and the number of workers affected:
- Of 1 to 10 workers is 2.63 UIT (S/13.18)
- Of 11 to 25 workers is 5.25 UIT (S/25,987)
- Of 51 to 100 workers is 11.56 UIT (S/57,222)
- Of 1000 or more workers is 52.53 UIT (S/260,023)
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
