In brief

By Supreme Decree No. 030-2022-PCM, the government has prescribed that the COVID-19 vaccine booster dose will be mandatory for face-to-face work.

As of 16 April, employers can only allow workplace entry to employees who: (i) have completed the primary vaccination series; and (ii) have the mandatory booster dose.

In depth

The implications for workers who do not have the third dose of the vaccine from 16 April will be the following:

  • If the worker can perform remote work, they must continue under this modality without affecting their employment status.
  • When it is not possible to perform remote work due to the nature of the activities, the employer may suspend the payment of remuneration. If the parties agree, the worker may take a paid leave of absence.
  • The Ministry of Labour may announce exceptions or amendments at a later date.
  • Nothing is stipulated as of yet regarding possible sanctions for employees who have not had their third dose.

We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.