Regulations are approved to incorporate EsSalud CAS workers into the 728 regime: what are the requirements?

The Ministry of Labor and Employment Promotion (MTPE) has approved today. July 6, the regulation of the law that includes the workers of the Social Health Insurance (EsSalud) that are under the regime of the Administrative Services Contract (CAS) for an indeterminate term in the labor regime of Legislative Decree No. 728, known as the Labor Productivity and Competitiveness Law.

Through Supreme Decree No. 007-2023-TR, published in the official newspaper El Peruano, said regulation has been approved, which consists of three chapters, ten articles, a final complementary provision and an annex.

The regulation establishes that the following personnel are authorized to join the labor regime 728 (private activity): health professionals; health care technicians and assistants; administrative professionals, and technical and administrative assistants.

In addition, to be eligible for incorporation, staff must meet the requirements established as follows:

1. Having entered EsSalud through a public tender, under the labor regime of Legislative Decree No. 1057 and its amending and regulatory norms.
2. Be employed under the CAS contract for an indefinite term on the date of promulgation of the aforementioned law.

The regulation indicates that the aforementioned requirements do not exempt compliance with the rules on prohibitions and impediments to provide services in the public administration.

Incorporation commission

The person in charge of carrying out the implementation process is the executive president of EsSalud, who designates the members of the incorporation commission through a resolution act.

The incorporation commission will be made up of the heads of the following bodies or their representatives duly accredited to the technical secretariat:

1. Central Management of People Management, who chairs the commission
2. Central Management of Legal Advice
3. Central Planning and Budget Management
4. Central Operations Management
5. Central Management of Financial Management
6. Policies Management and Organization of Human Resources of the Central Management of People Management, which acts as technical secretariat.

The incorporation commission must be installed within a period of five business days, counted from the entry into force of these regulations.

The installation and operation of the incorporation commission do not generate additional expenses for the EsSalud budget, the Ministry of Labor and Employment Promotion, or for the Public Treasury.

list of beneficiaries

The EsSalud incorporation commission will publish the preliminary list of workers who meet the requirements on the EsSalud digital portal within a maximum period of 15 business days, counted from its installation.

Workers who consider meeting the requirements, but are not included in the preliminary list, may submit their observations through the digital reporting table or the reporting table of the headquarters, within a period of five business days from from the publication of the list.

The term to address the observations will not exceed 15 business days, counted from the expiration of the term for their presentation.

Subsequently, through a resolution of the Executive Presidency, EsSalud will approve the final list of beneficiaries for their incorporation into the labor regime 728 (private activity).

EsSalud has a maximum period of three years to carry out the progressive incorporation of its professional, non-professional, assistance and administrative personnel, who are under the CAS regime with an indefinite or indefinite term contract, within the labor regime established by the Legislative Decree No. 728.