Workers who fail to complete their three doses will not be placed on a perfect suspension.

Perfect suspension without pleasure is a thing of the past for those whoworkers without full doses of Covid-19 vaccines, in accordance with the supreme decree issued last Sunday, President Pedro Castillo extended the state of emergency due to the new coronavirus pandemic.

This provision came into force yesterday, August 29, because, as we recall, workers who did not complete vaccination schedule 3 could not work in person

“This regulation sets out which workers enter (the workplace) to do the work face-to-face: those who have a complete vaccination scheme. This rule remains and has not changed,” labor specialist Kathy Noriega explained to management.

According to him, the administrative rule issued by the Ministry of Health (Decree of the Ministry No. 175-2021-MINSA) provides for the monitoring, prevention and control of the health of workers exposed to the disease.

The ordinance in question included an obligation to comply with three doses so that the worker could do his job, otherwise the employer could grant him a license without payment.

“The parental rule of perfect suspension requires, among other things, that there must be a permissive rule for the suspension of communications. These supreme decrees on the expansion of the state of emergency were a permissive norm so that not a single labor body could doubt the application of a complete suspension from employers. he explained.

Position deleted

As the months passed and the number of covid cases decreased, the government eventually ordered an extension of the state of emergency for another 33 days because cases still persist, but this no longer refers to a perfect suspension, which implies that the state has been abolished.

Now, what will this practice entail? In simple terms, the employer will no longer be able to apply the perfect suspension to those who fail to complete three doses. So what options will employers have?

Since there is no ban, the employer will have to resort for remote work or vacation, but with compensatory benefits for those who did not meet their vaccination schedule, this will continue until the worker completes their three-dose schedule.

They can’t be fired

The lawyer ruled out the dismissal of those employees who do not have their three doses due to vaccination in Peru it is optional and the dismissal cannot be justified; however, the employer may agree with the employee to grant him unpaid leave until he has complied with the terms of the scheme.

“Until Sunday, an agreement was not required as the employer could apply a perfect suspension until the worker completed their schemes. With the repeal of this provision, employers can no longer unilaterally impose a total suspension.”

Little clarity in resolution

The lawyer never ceased to question the executive’s decision because of the ambiguity in the ruling, as well as the fact that the employer is being taken away from the employer’s tool to deter absenteeism, since those who do not want to be vaccinated do so by their own decision.