Arbitration in labour matters has increased in popularity in Peru since 2011, when Supreme Decree 014-2011-TR, which modified the Collective Labour Relations Law, entered into force. One of the arbitration processes available is facultative arbitration, which is based on the principle that one party's willingness is sufficient to commence the process. Thus, if direct negotiation between parties fails, either party can force the other to engage in arbitration.
The Constitutional Court has held on numerous occasions that employees in management positions or positions of trust can be dismissed if the employer loses trust in the employee. In these cases, the employer must pay indemnity, as loss of trust is not a legal basis for dismissal. However, a recent Supreme Court of Justice decision determined that an employee who has held such a position since the employment relationship began is not entitled to indemnity when dismissed due to a loss of trust.
Diversity in the workplace has not received enough attention in Peru. However, inclusion is a key issue, and public and private efforts to achieve full equality have therefore increased in recent years. Peru's primary focus has been on guaranteeing equal labour opportunities and increasing workplace facilities for disabled people. Although the employment status of women has largely been neglected, new rules regarding women's rights in the workplace have recently been introduced.
The General Law for People with Disabilities established a legal framework to promote, protect and uphold the rights of disabled people. Peru has since taken several measures to ensure that the right of disabled employees to enjoy favourable work conditions is upheld, including introducing a legal quota for disabled employees and imposing new obligations on employers to make reasonable adjustments in the workplace.
Technological development has resulted in the extensive production of new, relatively expensive products, which in turn has led to the introduction of simpler and more convenient insurance products. While existing legislation has proven to be adequate at promoting massive insurance, the pace at which high-tech products are being developed and the manner in which the purchasing of insurance is evolving have enhanced the need for a regulatory update.
A recent government decree requires employers to establish a nursing mother's milk extraction area that fulfils certain criteria at any workplace with 20 or more female employees of a fertile age (ie, between 15 years old and 49 years old). The purpose of the decree is to promote nursing and provide working mothers with facilities to express and preserve breast milk. Employers that fail to comply with the decree could face an inspection and a fine.
The government has passed a new law transferring responsibility for the inspection of mines and the protection of the environment during mining activities from the Ministry of Energy and Mines to the Organismo Supervisor de la Inversión en Energia, the energy regulatory agency.
The presidency of the Council of Ministers has initiated the appointment process for a new president of the board of directors of the Organismo Supervisor de la Inversión en Energia y Mineria (OSINERGMIN), the energy regulatory agency. The board of directors is OSINERGMIN's highest decision-making body.
Peru has updated its environmental framework through the enactment of a new General Environmental Law. The law replaces the Environmental and Natural Resources Code, and is designed to provide the country with an adequate general framework to serve as a catalyst for further reform and more in-depth regulation.
The Lima Stock Exchange and competent authorities have considered various foreign frameworks in the regulation of a mechanism that permits national and foreign investors to promote the development of the mining industry by means of access to the local stock market. As a result, the venture capital segment of the Lima Stock Exchange has been created.
Law 28,090 lays down key obligations regarding the implementation of mine closure plans (MCPs). It has been criticized for not expressly stating that accounting provisions and expenses incurred under MCPs are deductible for income tax purposes. Mining companies have also called for income tax exemptions on interest and capital gains which may be derived from guarantees to be granted for MCPs.
Peruvian legislation allows for public participation in mining and energy projects. Any community that is likely to be affected by the development of a mining project must be consulted in advance. Studies should be carried out to assess the project’s impact on the community, as well as its wider environmental impact. All findings must be considered before deciding on the project's future.
Supreme Decree 33/2002 authorizes Perupetro (the state agency responsible for negotiating and executing hydrocarbon contracts) to reduce the percentage of royalties applicable to hydrocarbon contracts, with a view to promoting the exploration and exploitation of hydrocarbons in Peru.
Laws 27,623 and 27,624, enacted in January 2002, allow mining concessionaires and hydrocarbon contractors to recover sales tax paid in connection with the importation of equipment, the acquisition of goods and/or services, and construction contracts during exploration.
The Board of Perupetro (the state agency responsible for negotiating and executing all hydrocarbon contracts) has approved several new policies that aim to promote exploration in new and current blocks.
Since 1991 the government has applied and promoted a privatization and concessions programme that aims to improve the efficiency and competitiveness of companies. In 2002 the Peruvian Privatization Committee will auction several hydrocarbon and mining projects.
Until August 2002 the government agency for the promotion of investments in hydrocarbon activities is offering several areas in which oil and gas licence agreements may be executed.
New rules by OSIPTEL will allow cable television users to access information about their rights and obligations in subscribing to certain services.
A new decree reduces payment of the mining good standing fee from $5 to $3 per hectare per year. The decree also affects certain holders of mining concessions.
Several privatization and concession processes will take place this year in the mining, hydrocarbons and energy sectors. Projects include the Michiquillay, Toromocho and Yauricocha mining projects and the auctioning of hydrocarbon blocks.