Congress approved to modify the working day schedule: what are the changes and when will they be applied?

Last Thursday, September 14, Congress Plenary approved, in the first vote, the bill that proposes to modify the legislative decree 854, Law on Working Day, Schedule and Overtime Workwith the aim of specifying the hours of the working day.

The project seeks to modify article 1 of the standard, which establishes that the ordinary day is 8 hours either 48 hours per week at most, in order to specify that this begins to be computed from the moment the worker makes himself available to the employer “whether inside or outside the workplace, for the purpose of his work.”

“Working hours are understood not necessarily to be the effective work that the worker can perform on behalf of the employer, but rather the making available of his or her time and under subordination to the employer. In the event that there is controversy about the exact start of the working day, the first entry control that the worker carries out is presumed to be such,” is the text that seeks to be added.

It also seeks to regulate the working day in favor of people who work at night (between 10:00 pm and 6:00 am). These shifts are intended to be rotating “except for restrictions related to occupational health and safety.”

“When the shift is carried out at night, a rest period of at least 11 hours must be guaranteed before the next shift begins, except in situations of force majeure. In no case may two consecutive full-time shifts be carried out,” is the proposed text.

Likewise, it is intended to establish that workers who do night shift earn 35% more than what they earn on a normal day.

“The worker who works at night will receive payment of a surcharge for night work of thirty-five percent (35%) of the daily value of the basic remuneration for each day worked during daylight hours, unless otherwise agreed upon which is more.” beneficial for the worker and his health,” the project reads.

The bill narrowly passed. He got 46 votes in favor, 41 against and 11 abstentions. The legislative initiative was supported by the benches of Free Peru, Democratic Change – Together for Peru, Magisterial Block, Popular Action, Peru Bicentennial and ungrouped congressmen.

Meanwhile, they opposed the reform of the Law on Working Day, Schedule and Overtime Work the groups of Popular Force, Alliance for Progress, Popular Renewal and Country Advances.

The second vote was pending. However, due to the small margin of difference between votes in favor and against, the Fujimori Victor Flores Ruiz filed a reconsideration. Therefore, the first vote is currently on hold.

Another bill that relates to work hours was recently presented by the ungrouped congresswoman Maria del Carmen Alva. The legislative initiative of the former president of Congress seeks to prohibit all domestic activities during teleworking.

“They pay you to work, they don’t pay you to do domestic issues. In the hours that you have agreed (with the employer), you go to work. That is the idea so that the work issue is well separated from your family issues, your lunches, that you have to pick up your children, go to the market, whatever you can do,” he declared. Alva Prieto in an interview with Canal N.

“If at 11:00 am you are supposed to be working and they find you in the market, at the gym or walking in a shopping center, what they are going to do is call your attention and the sanction would be to return to the face-to-face issue. . In no way is it losing your job. What we simply want to do is organize the work,” he added.

As part of the study in the Labor and Social Security Commission of Congress, the technical opinion was requested from the Ministry of Labor. On that occasion, the MTPE was headed by former Prime Minister Betssy Chávez.

The portfolio considered the modifications to the Law on Working Day, Schedule and Overtime Workwith the exception of the surcharge in favor of workers who work night shifts.

The study “1000 Peruvians say” of Omnicron Media Group (OMG) revealed that half of Peru considers that the country’s economic situation is “worse” than the outlook 6 months ago. 39% believe that the current context “is the same”, while 12% affirm that the scenario has improved.