Parents will not be fired until their child turns one year old, according to a rule approved by Congress

Last Wednesday, March 13, the Plenary Session of Congress approved an opinion from the Labor and Social Security Commission to protect the rights of parents who work in the public and private sectors. One of the main provisions of this norm, which groups eight bills, is that parents may not be fired from their workplaces until one year after the birth of their minor.

In addition, the text validated by 101 legislators from various groups increases from 10 to 15 days the paternity leave that employers must grant to their workers in cases of natural birth or cesarean section of their spouse or partner. This law approved by Congress was ready to be sent to the Executive Branch, who must publish it in the newspaper El Peruano.

They approve a rule to protect the father in cases of dismissal: what is it about?

With 101 votes in favor, the Plenary Session of Congress approved on Wednesday, March 13, the substitute text of eight bills that seek protect the rights of mothers and fathers who work in the private and public sectors. Among the legislators who authored this norm are Seferino Flores, Kira Alcarraz, Darwin Espinoza, Wilson Soto, Katy Ugarte, Rosángella Barbarán, Alejandro Soto and Víctor Cutipa.

The law modifies articles 12 and 29 of Legislative Decree No. 728 in relation to protection for parents due to null dismissal. In that sense, it is established that The father cannot be fired from his workplace until one year after the birth of his child, as long as the mother does not have a current employment relationship.proposing reinstatement to your job if this situation arises.

This measure will also be applicable in cases of hostility or non-renewal of the contract from pregnancy to the birth of the minor or within the breastfeeding period. “The employer must prove the existence of just cause for dismissal and that this event would have occurred despite not being in such conditions,” the rule reads.

Also, the cessation of the employment relationship as a result of “harassment or any other act of intimidation that is intended to vitiate the will to obtain the resignation of the worker, as well as the terminations or non-renewals of contracts subject to modality, will be considered void. despite the fact that the cause that gave rise to its celebration subsists”.

Finally, article 1 of Law No. 28048, ‘Law for the protection of pregnant women who carry out work that puts their health and/or the normal development of the embryo and fetus at risk’, is modified. The objective is that breastfeeding women, in addition to being able to ask their employers not to carry out risky work, can carry out their workday under the modality of teleworking.

Parental Protection Law: what other changes do you propose?

In addition to protecting workers who are parents in cases of dismissal, the rule approved by Congress proposes other changes that we list below:

• Enlarge paternity leave of 10 to 15 days, in cases of natural birth or cesarean section. Let us remember that this period of paid rest was assumed by the employer and, with the law approved, the five additional days would be subsidized by EsSalud.
• Article 65 of Legislative Decree No. 728 is modified so that the dismissal of a worker is declared void in cases of pregnancy, birth, breastfeeding and their consequences, in probationary periods or conditions of trust or management. This would not prevent the employer from terminating the employment relationship for duly justified reasons.
• Article 4 of Law No. 27409 is changed with the purpose of granting work leave due to adoption for spouses or members of the de facto union who work for the same employer. It is worth mentioning that the woman receives the license in these cases.
• Article 48 of Legislative Decree No. 728 is modified so that permission is granted to pregnant workers in order to carry out their prenatal check-ups, which will be considered time worked.
• Articles 9 and 12 of the Social Health Security Modernization Law are changed; In this way, the cash benefits corresponding to EsSalud subsidies will also be for paternity.