Alerta Laboral: Resolución N° 052-2021-SUNAFIL/TFL-Primera Sala
Published date | 02 July 2021 |
Law Firm | Rubio Leguía Normand |
La licencia con goce de haber -establecida por el Decreto de Urgencia N° 029-2020- puede ser compensada unilateralmente por el empleador
La Primera Sala del Tribunal de Fiscalización Laboral, a través de la Resolución N° 052-2021-SUNAFIL/TFL-Primera Sala, determinó que es posible efectuar -de forma unilateral- la compensación de una licencia con goce de haber con los beneficios sociales y la participación en las utilidades.
A continuación, se detallan las principales disposiciones de dicha Resolución:
- A través del Decreto de Urgencia N° 029-2020 se dispuso, para empresas del sector privado, otorgar una licencia con goce de haber a sus trabajadores si no era posible realizar trabajo remoto. Asimismo, se determinó que la compensación de dicha licencia podía ocurrir: (i) por pacto de las partes; o (ii) efectuar una compensación de horas de forma posterior a la vigencia del Estado de Emergencia Nacional.
- La referida licencia con goce de haber compensable representa un “adelanto de remuneraciones”. Así, el empleador se convierte en acreedor de un crédito frente al trabajador pues el contrato de trabajo es de naturaleza bilateral, recíproco y conmutativo. Esta interpretación es confirmada en el Decreto de Urgencia...
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