For this 2024, the Executive Branch and Congress They have made a series of decisions to grant certain benefits in the workplace. These changes have been implemented through new approved laws that have been published in the Official Gazette El Peruano. These standards aim to adjust and adapt existing regulations to the current needs of both workers and employers.
It is crucial to be aware of the main changes in labor legislation that include incentives for young entrepreneurs, guidelines on death leave for private sector workers and free and virtual access to the Single Labor Certificate, among other important aspects.
1) Leave due to the death of a family member: how to request it?
Last December, the Ministry of Labor and Employment Promotion (MTPE) published the rules for Law No. 31602, which details the right to take 5 days off due to the death of family members in private companies. The rule allows workers to be absent from work if their spouse, parents, children or siblings die.
Although 5 days are mentioned, the duration may change depending on the distance the worker has to travel to attend the wake and funeral. This will be determined according to the General Table Terms of Distance, approved by Administrative Resolution No. 288-2015-CE-PJ or a similar standard. Below we explain how to request this permission:
- Ask your direct boss or the corresponding department for permission, specifying the start and duration of the leave.
- At the end of the permit you must present documents that prove your relationship with the deceased relative. If you do not have them, an affidavit indicating where the death occurred will be sufficient.
2) Law of the Single Labor Certificate: what are its benefits?
On December 30, the Ministry of Labor published Supreme Decree 014-2023-TR that finally approved the Regulation of the Single Labor Certificate, pending since June 2023. This regulation allows all people over 18 years of age to obtain free and a document that simplifies the job search or hiring process in virtual form.
The Single Labor Certificate provides information on the judicial and criminal records, as well as previous work experience, formal education and training received by the applicants. Although the Supreme Decree does not establish a specific date for the full implementation of the Single Labor Certificate, the Ministry of Labor reported that a database of these records can be accessed through its web portal.
3) Labor conciliations can be carried out virtually: how?
In December of last year, the Ministry of Labor and Employment Promotion issued Supreme Decree No. 011-2023-TR, which modifies eight articles of the Regulations of the General Law of Labor Inspection and Consumer Defense. This aims to improve and streamline the administrative labor conciliation service using electronic means and information technologies. In this way, conciliation hearings, as a method to resolve labor disputes, can be carried out virtually, without the need to go to the Judiciary or the corresponding institution.
4) Young Entrepreneur Law: what requirements do they require?
Since January of this year, the Young Entrepreneur Law has been in force, which offers a range of advantages to promote the labor insertion of young people between 18 and 29 years old. Companies that hire these young people can access a 50% reduction in the calculation of income tax on basic remuneration in 2024 and 2025.
In addition, companies covered by this law can obtain a refund of the General Sales Tax for exports, and the process of incorporation and registration in registries will be simplified. Also, in public procurement processes, companies formed by young people obtain a 5% increase in the score of the technical proposal.
Requirements for young people hired:
- Not having had a payroll job for at least 12 months before being hired.
- Your salary must not exceed S/1,700, and the contract must have a minimum duration of one month.
- The contract must come into force from January 1, 2024.
5) Incentives for companies in specific sectors: what is it about?
Law No. 31969, designed to promote competitiveness and employment in sectors such as textiles, clothing, agriculture and irrigation, agro-export and agro-industrial, was enacted at the end of 2023. One of its main aspects is the introduction of tax incentives so that companies textile companies reinvest their profits, as well as an additional 70% deduction in the calculation of income tax for hiring new workers in 2024.
In addition, the law reduces the contribution to EsSalud to 6% for agro-export companies for the benefit of their employees, a burden that must be compensated by other taxpayers.
Source: Larepublica
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