The Executive Power and the Congress of the Republic are seeking to make changes to the law on training modalities (practicing). Parliament has already presented a legislative initiative while the Ministry of Labor and Employment Promotion (MTPE) would be fine-tuning your proposal to present it.
On the side of the MTPE, it would seek to make at least three changes to the law on training modalities, which are related to financial subsidies, vacations and insurance coverage.
And it is that, currently, Interns are entitled to receive an additional grant equivalent to half a salary after every six months of work. That is, if you work less than that period, you do not receive said benefit.
Given this, the MTPE would make adjustments so that payments proportional to the work done by the practitioner can be granted.
The same figure would arise with vacations, which are currently 15 days after 12 months of work. In this case, it is proposed that if the year is not fulfilled, a proportional payment for the time would have to be granted.
For the former Vice Minister of Employment Promotion and Labor Training Fernando Cuadros, formally presenting the initiative would be a great step to improve the working conditions of young people, which would also support their economic situation. He ruled out that this could have an impact on the labor market.
“A proportional payment is being established that is perfectly manageable by the companies, taking into account that these people earn the minimum wage as a subsidy if they fulfill the maximum working day. I don’t see any economic impact, ”Cuadros noted.
A different opinion is held by the ESAN Business Law professor, César Puntriano. Stated that A training relationship (practitioners) is not the same as a work relationship (workers), Therefore, it does not consider it appropriate to establish proportional payments for additional financial subsidies and vacations.
“The goal is training, not the fact that the practitioner earns money. It makes no sense to speak of gratification or to pretend to speak of proportional payments as occurs with workers subject to the private regime ”, he added.
Another change that would be proposed is to remove the caps on insurance coverage for sickness (14 salaries) or accidents (30 salaries).
Parliament also has a proposal, Congressman Waldemar Cerrón from the Peru Libre bench, through a bill, proposes that the additional subsidy received by practitioners should go up and be equal to their remuneration. Today it is only half.
Likewise, it is being proposed that in case the practitioner performs remote work or telework, the employer will be in charge of providing the ideal technological equipment for the fulfillment of their functions, as well as access to digital platforms according to their competence.
It also states that the subsidy, in case the practitioner does not complete the six months of work, receive a proportional payment.
Internships as work experience
The Executive has until January 18 to promulgate or observe the autograph of the law that recognizes pre-professional and professional practices as work experience, both in the public and private sectors.
For the labor lawyer Ricardo Herrera, if this measure is enacted, it would have a greater impact on the public than the private sector, since in the latter there is greater competition and it will depend on the company if it wishes to hire them.
“It does not guarantee that they will win a selection process because other candidates with more experience can present themselves,” he added.
Scope. As of March 2021, there were 24,236 young people in job training modalities, a reduction of 43.1%, according to the MTPE.
Request. Greater control would help companies not misuse this modality, Cuadros said.
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