Disposiciones relativas a los procedimientos de suspensión perfecta de labores
Author | Cristina Oviedo/Brian Ávalos/Martín Ruggiero |
Position | Consejera/Asociado/Asociado |
El día 30 de abril de 2020, en Edición Extraordinaria, se publicó el Decreto Supremo 12-2020-TR, que establece disposiciones complementarias al Decreto de Urgencia 38-2020 y al Decreto Supremo 11-2020-TR, normas que regulan el procedimiento de suspensión perfecta de labores en el marco de la Emergencia Sanitaria como consecuencia de la propagación del Covid-19.
En ese sentido, se estableció que para efectos de evaluar las solicitudes de suspensión perfecta de labores, se analizará si el empleador accedió al subsidio de origen público otorgado por el Estado en el marco de la Emergencia Sanitaria, teniendo en cuenta lo siguiente:
Materia | Detalle |
Subsidio que percibe el empleador para el pago de la planilla | En el mes en que el empleador percibe el subsidio de planilla otorgado por el Estado, la medida de suspensión perfecta de labores no puede comprender a los trabajadores por los cuales el empleador percibe el referido subsidio. |
Comunicaciones de suspensión perfecta de labores que se produzcan en el mes de mayo 2020 | Para determinar la ratio resultante de dividir las remuneraciones de todos los trabajadores declarados en la Planilla Electrónica entre su nivel de ventas, el subsidio para el pago de la planilla otorgado por el Estado no es considerado en el cálculo. |
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