Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2022 Global Guide Quarterly updates   Download full Q4 2022 Global Guide Quarterly

Family Allowance Law Modified

New Legislation Enacted

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

Law 31600 published on November 3, 2022, modified Law 25129 that regulates the obligation to grant a family allowance to employees of the private sector whose remunerations are not regulated by collective bargaining, when they have one or more children under the age of 18. The law was modified to add the provision that this benefit applies also to employees with children of over 18 years old with severe disability, duly certified, unless they receive the noncontributory pension for severe disability.

New Bereavement Leave

New Legislation Enacted

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

On November 5, 2022, Law 31602 was published. This law established a bereavement leave of five calendar days for private sector employees whose family member passed away. This applies for the passing of the employee’s spouse, parent, child or sibling.

Limits to Compensation of Pandemic-Related Leaves of Absence

New Legislation Enacted

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

Law 31632 published on December 1, 2022, places various limits to the compensation for pandemic-related leaves of absence. Through previous emergency decrees, employers that were not able to implement remote work were required to grant a paid leave subject to be compensated at a later time. The new law limits the manner and time to pay for the nonworked hours, determining that the hours accrued can be compensated only through overtime work or unused vacation time. The law also sets December 2023 as the time limit for the compensation and restricts the discounts that can be made from any social benefits settlement once the employment relationship has ended.

Draft Regulation of the Teleworking Law

New Regulation or Official Guidance

Authors: César Gonzáles Hunt, Partner, and Amable Vasquez Baiocchi, Associate – Philippi Prietocarrizosa Ferrero DU & Uría

Together with the publication of Ministerial Resolution 347-2022-TR on December 22, 2022, a draft regulation for teleworking was published. This draft regulation sets forth a few main points to consider that vary from the current regulation, namely regarding the parties’ rights and obligations, work equipment supplies and compensations, occupational health and safety, among others. Although the official publication has not yet been issued and is subject to be modified, the draft provides a look of the main aspects of teleworking that the government seeks to regulate.