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 on the part of the business and political sectors, which in some cases forces governments to take some actions that are not necessarily the most successful, as an example of this I will present a case Peruvian.
An issue that has been generating controversy in various business sectors and labor unions in Peru, is that referred to occupational medical examinations that must be taken to workers under the recent Supreme Decree No. 016-2016-TR, published on 23 December in the Official Gazette "El Peruano", where the regulations of Law No. 29783 Law on Safety and Health at Work are modified, so that the initial medical examination is only mandatory in companies with risky activities.
On this point, I must express my total disagreement, extensive to the recent rulings of the National Institute for the Defense of the Consumer and Intellectual Property (Indecopi), prior to the publication of the aforementioned Supreme Decree, which declared as illegal bureaucratic barriers to oblige companies without risky activities to carry out initial medical examinations to its new workers, as Indecopi maintains that art. 101-a) of the Regulation contravenes art. 49-d) of the Law, since the first requires occupational evaluations at the beginning of the employment relationship, despite the fact that the second does not contemplate them, for workers who perform activities that are not risky. Said contravention makes the requirement constitute an illegal bureaucratic barrier.
Regarding the above, I must emphasize that the human factor is the most important asset in any organization and that the Law on Safety and Health at Work, before its amendment with Supreme Decree No. 016-2016-TR, if It may well have seemed too demanding and be burdensome for private companies and public entities, especially small and medium-sized companies, it was necessary and it should have been fully complied with, with non-compliance being punishable, and failing that, what should have been corrected are some articles of the Regulation to avoid interpretations such as Indecopi.
As we know according to article 2, numeral 1 of our Constitution Every person has the right “To life, to his identity, to his moral, mental and physical integrity and to his free development and well-being.The conceived person is a subject of law in everything that favors him ", likewise in article 7 °" Everyone has the right to the protection of their health, that of the family environment and that of the community as well as the duty to contribute to its promotion and defense. The person incapacitated to take care of 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. ", Also already immersed in the second decade of the 21st century..
In this sense, initial medical examinations are not a bureaucratic barrier for companies, and are very important in the process of incorporating human resources into any company, since it guarantees the entry of suitable personnel from both a technical and technical point of view. health, which will positively influence the work environment as workers who are already in activity feel the guarantee that their new colleagues have the necessary skills and will not cause problems in the work teams, according to the management guidelines modern human resources.
