The Decree, amending Supreme Decree N° 184-2020-PCM, which declared a State of National Emergency due to COVID-19, states that from 10 December 2021 all those who workon site have to prove that they have received a complete vaccination schedule.

Vaccines administered both in Peru and abroad are valid.

Employers may only allow workers who have completed their vaccination to enter the workplace and to verify compliance with the aforementioned provisions and employer’s obligation.

For the private sector, employers will choose to keep workers who do not have the two doses of vaccination under the conditions of remote work and if not possible due to to the nature of the work performed, employers are allowed to suspend the work contract without pay (unless the employer and the worker have agreed on the imperfect suspension of work).

On 15 December 2021, Ministerial Resolution N° 1302-2021-MINSA was published in the Official Gazette El Peruano, establishing the conditions that allow private sector workers who do not have full doses of vaccination against COVID-19 to work in person until 15 January 2022. This exceptional provision remains in force for a maximum period of 30 calendar days from the entry into force of the regulation, i.e. until 14 January 2022. This provision entails  that performing on-site work without a full dose of vaccination is possible if the job is classified as low risk of exposure and the services are provided throughout the working day in open-air spaces.

Employers must verify that unvaccinated workers are in compliance with the requirements to perform on-site work, and must inform unvaccinated workers that from 15 January 2022 their employment contract will be suspended without pay to be effective as specified by the law.

At the moment, there is no regulation regarding the possibility of sanctioning employees who do not wish to be vaccinated.

As reported in a recent analysis, it is important to underline that, South America has now the highest regional vaccination rate.  On 5 January 2022, according to statistics from the Our World in Data website, South America had vaccinated 76% of its people with at least one dose, and 64% of inhabitants are fully vaccinated, thereby overcoming Europe (66% and 62%) and the United States (74% and 62%)

Peru was the country with the highest fatality rate in the world due to Covid-19 and reacted

with a massive vaccination campaign that will now be even more intense in the face of workplace restrictions.