:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/4DNXK32NRFDSVMAX7OHP7BWBQU.jpg "Mandatory retirement: the Labor Commission approves the increase in the age")
The working committee of the Congress of the Republic approved on Monday by a majority the provision of bills 1505, 1535, 2510 and 2824, which proposes to extend the retirement or dismissal for age limit of the worker of schemes 276, 728 and 30057. This is i.e. employees They can retire at age 75 on a voluntary basis.extending the period during which a worker could work for an additional 5 years on an exceptional basis.
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The bill establishes that a worker may request to work until the age of 75, “provided that the necessity of the service justifies it and that a specialized multidisciplinary medical evaluation certifies that he is in good physical and mind to carry out his duties”.
Thus, the worker must demonstrate that he is still able to work at this age without endangering his integrity, that of his colleagues or others.
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“Current labor regulations do not protect adults over 70 who freely choose to continue working. In fact, we have that article 57 of Legislative Decree 728 establishes that retirement is compulsory and automatic at age 70, unless otherwise agreed”, indicated the president of this parliamentary group, Sigrid Bazan, according to the newspaper The Republic.
The MP pointed out that there are approximately 93,000 workers approaching the age of 70 who could face the possibility of losing their jobs. By 2024, the beneficiaries of this bill would be those who in 2021 were 67 years old, i.e. 112,755 older employeesaccording to the INEI’s National Household Survey (Enaho).
To justify his proposal, he cites a journalistic report from an international agency which mentions that in Life expectancy in the country in 2020 has risen to an average of 76.9 years, which would imply an 11-year increase over the past three decades. In addition, another report is cited which states that since 2018, life expectancy has increased from 83 to 87.5 years for men and from 87 to 90.8 years for women.
The employer must respond to the worker’s request within 30 calendar days and can reject it if he has a report from his human resources office in which, using objective criteria, he can prove that it is not necessary to have the worker service.
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“If the employer rejects the request without this record, the rejection is presumed to be a void dismissal,” the bill says. “As long as there is no communication from the employee concerning the refusal of the request, the employment relationship remains on the same terms,” he adds.
For his part, he Ministry of Labor and Employment Promotion (MTPE) supports the measure. In this regard, the Directorate of Labor Regulations has indicated that “differential treatment based solely on age would be contrary to the principle of equality and non-discrimination, and to the right to work, which is why it is viable to raise the retirement age.