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Legislation currently states that workers may work in person if they can prove they have been vaccinated against COVID-19. However, in a recent ruling top cut recognized this measure as unconstitutional.
The ruling issued by John Paredes Salas indicates that this government-imposed provision will affect the right to work and should not apply.
As stated, this restriction, issued by Supreme Decree 016-2022-PKM, “is unconstitutional because of the way it is issued and because of its nature, since it did not establish reasonable alternatives for the purposes of optimization Rights involved.”
For the specific case of a claim filed by an employee prior to this ruling, the Supreme Court has determined the procedure to be followed.
“You must self-submit to the (center) at the place of work every 10 days a molecular test with a negative result for COVID-19or with a similar result, in addition to following the protocols given by the Health Authority, such as the use of a mandatory mask in the workplace,” the proposal says.
In this case, the plaintiff refused to be vaccinated due to “possible side effects of the COVID-19 vaccine, which is still in the experimental stage.”
It is worth noting that the lawsuit filed by the worker was filed against the state, and not against her employer.
Now experts point out that the verdict Supreme Court In this case, it may set a precedent for other workers with similar arguments.
What is the law now?
The legislation specifies that healthcare workers must have three doses of the COVID-19 vaccine in order to perform work in person at their workplace due to the high risk of infection and the spread of COVID-19 variants.
If employees do not complete both doses vaccine then they will be able to provide services remotely.
“If the nature of the work is incompatible with telecommuting, it is assumed that the suspension of the employment contract occurred without payment of wages,” states Supreme Decree 016-2022-PCM.
In addition to the suspension of the employment contract, it also states that both parties can agree to imperfect suspension labor relations.
Be aware that companies can be fined if they allow their workers to work in person without three doses of the vaccine.
Source: RPP
I am Dylan Hudson, a dedicated and experienced journalist in the news industry. I have been working for Buna Times, as an author since 2018. My expertise lies in covering sports sections of the website and providing readers with reliable information on current sporting events.