As is public knowledge, considering the current difficult economic and geopolitical context, the economies of the world have been affected to a greater or lesser extent, which directly affects the business climate in the countries, under this context many governments have been applying harsh austerity measures, but like governments, companies are also affected and several adopt various defensive strategies to survive and stay in the market, one of them being cost reduction.
It is there where some discrepancies with certain legal frameworks of governments arise from the business sectors, as an example of this I am going to present a Peruvian case.
A topic that has been generating controversy in various business sectors and labor unions in Peru is that referring to occupational medical examinations that must be taken of workers under the Law on Occupational Safety and Health.
In this regard, there are currents of opinion that these medical examinations are a bureaucratic and onerous barrier for companies, and that it substantially affects mainly small and medium-sized companies, for whom such examinations are very expensive, a reason that may lead to the breach of the indicated Law.
With regard to these currents of opinion, I must emphasize that the human factor is the most important asset in any organization and that the current Occupational Safety and Health Law, although it may seem too demanding and be burdensome to private companies and entities. public, especially to small and medium-sized companies, is necessary and must be fully complied with, its non-compliance being punishable.
As we know according to article 2, numeral 1 of the Political Constitution of Peru. Everyone has the right to:
“Life, its identity, its moral, mental and physical integrity and its free development and well-being. The conceived is a subject of law in everything that favors him ”.
Also in its article 7:
"Everyone has the right to protection of their health, that of the family and the community, as well as the duty to contribute to its promotion and defense. The person incapable of watching over herself due to a physical or mental deficiency has the right to respect for her dignity and to a legal regime of protection, care, rehabilitation and security ”.
In addition, already immersed in the second decade of the 21st century, in the highly competitive, changing and uncertain world regarding its economic and geopolitical evolution in which we find ourselves, only organizations that efficiently manage, value and respect their human resources can be competitive and stay in the market.
In this sense, the currents of opinion that medical examinations are a bureaucratic and onerous barrier for companies within the framework of the Occupational Safety and Health Law do not have a valid legal or organizational support, according to the guidelines for modern human resource management.
