This free service establishes the minimum mandatory compliance rules for the handling of complaints for alleged violations of social and labor standards, occupational safety and health, fundamental rights and social security, in order to encourage action of the Labor Inspection System.
In that sense, any natural or legal person can file a labor complaint. They can also be sent by public entities to the Regional Intendance, in this case, the results of the investigations are sent to the agency that derived the complaint and the complainant.
This was established by Superintendency Resolution No. 190-2017-SUNAFIL, which approved Directive No. 002-2017-SUNAFIL / INII, “Service of Attention to Labor Complaints,” published on Saturday, September 16, 2017 in the official newspaper El Peruano
The labor complaints can be presented in writing in any of the offices of the Regional Intendance; or via virtual means, through the website of the Labor Inspection Authority, these are carried out with due reservation of identity of the complainant.
The requirements of any denunciation regarding the occurrence of a possible labor infraction are: the complete data and the identity document of the denouncer; data of the denounced employer; domicile of the subject that is requested to carry out the inspection, or references that allow the exact location of the address; address of the complainant; description of the alleged facts constituting an employment offense; documents or evidence related to the facts denounced; place, date and signature.
The process of attention of labor complaints starts in the orientation service. That service derives the complainant with an employment relationship accredited and completed to the Compliance Management Module, provided that the employment complaint is about: work certificate, cessation certificate, payment slips, clearance sheets, vacations, gratuities, overtime, utilities, compensation for time of services and remuneration. In case, the labor complaint is on other matters, the complainant will be referred to the Bureau of parts of the Regional Intendance to begin the process of attention for the generation of an inspection order.
Through the compliance management module, the Regional Intendency sends a letter to the denounced employer, so that it complies within two business days of notification of the letter, granting the work certificate, record of dismissal, pay slips, clearance sheets. Also, within five working days of notification of the letter, comply with holiday pay, gratuities, overtime, compensation
Thus, in case the employer does not prove compliance with the obligation within the term set forth, the Regional Intendency derives the complaint to the process of attention for the generation of an inspection order.
The stages that comprise the process of attention for the generation of an inspection order are: qualification of the complaint, correction, inspection order and communication of results.
On the other hand, it should be noted that the Regional Intendency is obliged to inform the complainant of the status of the stage of the labor complaint if he require it. Likewise, the complainant can obtain copies that have been formed in the attention of his complaint labor, the same that can be requested to the Regional Intendency, bearing the corresponding cost. In addition, the complainant can follow up on his work complaint, through the web system “consult your paperwork” which is located on the SUNAFIL website (www.sunafil.gob.pe).
Regarding the Compliance Management Module, a pilot plan will be implemented in Metropolitan Lima for a period of six months. The continuity and its progressive application in the other dependencies, will depend on the results of the plan.