Supreme Decree No. 014-2021-TR was published last 4 July, by which various articles of the Regulations of the Labor Inspection Law were modified, approved by Supreme Decree No. 019-2006-TR, article 7-A on the Compliance Management Module has been incorporated and paragraph 17.6 of article 17 of the same body of legislation has been repealed.
The main provisions are as follows:
- They consist of activities that can be carried out before the start of the investigation or verification inspections.
- They include the compliance management module and administrative conciliation, among others that can be carried out face-to-face or virtually.
- Inspections may be investigative or evidentiary.
- They consist of steps prior to the sanctioning procedure to verify whether the provisions in force in labor matters are being complied with. In the event of contravention, necessary measures are taken to ensure compliance.
- The beginning and development can be done in person or virtually, through the use of information and communications technologies.
- Complaint regarding acts constituting an infringement of labor legislation is subject to public action and must contain the data of the complainant, the description of the facts and the place where they occurred, the data of the subject allegedly responsible, and other relevant circumstances.
- Labor inspectors are empowered to carry out inspections when they become aware of flagrant violations of labor or occupational safety and health standards.
Start of the inspection actions
- It is initiated by higher order, by issuing an inspection order.
- The inspectors or the designated task force must initiate the inspection proceedings within a period of 10 working days upon receipt of the order, except in fortuitous cases or force majeure.
- They include preventive guidance actions and technical assistance actions.
- Through pre-sales guidance actions, information on labor and occupational safety and health legislation is disseminated in order to promote compliance.
- Through technical assistance actions, specialized advice is provided to the employer regarding a certain obligation. At the end, recommendations for correction are issued.
- They can be provided in person or virtually, through the use of information and communications technologies.
- At the end of the orientation actions, the staff of the Labor Inspection System prepare a report on the areas on which they have worked, the actions carried out, and their recommendations.
Precision on infringements of inspection work
- Infringements relating to: (i) abandonment or non-attendance at the inspection proceedings; and (ii) non-attendance at a summons shall be reduced by 90%, provided that the subject inspected proves to have remedied all the infringements prior to the issuance of the Report of Infringement or when no infringements are detected.
Completion of inspections
- The report that ends the inspection proceedings is sent to the inspected employer and to the subjects who have requested the inspection action within the period of 30 working days counted from its issuance.
- The confidentiality of identity and the duties of confidentiality and professional secrecy must be respected.
Modification of minor industrial relations offenses
- The violation of not having a copy of the synthesis of labor legislation is eliminated.
Modification of very serious industrial relations infringements
- It is specified that there will be an infringement by not having the attendance control registry with respect to one or more workers, or that having it does not contain the minimum information.
Compliance Management Module
- It is a type of prior action that originates from a complaint.
- It consists of the verification of facts or documents, preferably done virtually.
- Its purpose is to monitor compliance with labor and occupational health and safety legislation.
- It may not be used in situations involving risk or danger to the life, safety and health of workers, or when it may affect the effectiveness of regulatory compliance verification.
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.