Labor Newsletter – June 2025

LABOR NEWS

The obligation to hire a social worker is repealed.- Article 1 of Supreme Decree No. 009-65, which required private sector companies with more than 100 employees to have a certified social worker, is repealed by virtue of a recent regulation requiring national government entities to repeal or modify illegal and/or unreasonable bureaucratic barriers declared by INDECOPI (Supreme Decree No. 005-2025-TR).

In line with this, the corresponding violation of the Regulations of the General Labor Inspection Law is eliminated, so SUNAFIL will no longer be able to fine companies for not having a social worker. However, the obligation to have an adequate industrial relations unit to address labor issues on a permanent basis remains in place.

The periodic renewal of the disability certificate for people with permanent disabilities is eliminated. To collect pensions, the periodic renewal of the disability medical certificate will no longer be required for people registered in the National Registry of Persons with Disabilities, managed by CONADIS, who have permanent disabilities (Law No. 32367). The certificate is only presented once to receive a disability pension.

The law also establishes the penalties applicable for submitting fraudulent information to obtain a retirement pension.

INSPECTIONS

New precedent on the principle of ex officio initiation in SUNAFIL investigations.- In the context of an inspection into acts of hostility, the Labor Inspection Tribunal (TFL) approved the following mandatory criteria:

• The sanctioning body, in accordance with the principle of ex officio initiation, must order the necessary complementary actions to obtain additional evidence to assess the evidence presented by the inspected party or clarify the material truth of the facts and allegations in the sanctioning procedure.
• This omission is evident in the failure to analyze the documents submitted or to carry out procedures to verify whether the allegations in the appeal prove the correction of the alleged violation (act of hostility).
• It is essential that, through these actions, it be determined whether the measure adopted by the challenging company demonstrates the cessation of the hostile acts or, on the contrary, constitutes new acts. It is necessary to have more evidence for either of these scenarios.

(Plenary Chamber Resolution No. 003-2025-SUNAFIL/TFL)

WORKPLACE SAFETY AND HEALTH

The authority must prove a serious and imminent risk to sanction a violation as very serious.- This was stated by the TFL in a recent ruling in which it repealed the sanctioning resolution against a company that failed to adopt the necessary preventive measures during the pandemic (Plenary Chamber Resolution No. 423-2025-SUNAFIL/TFL).

The TFL stated that such a violation can only be sanctioned as very serious (under the scope of Article 28.7 of Supreme Decree No. 019-2006-TR) if the risk resulting from omissions in the COVID-19 Surveillance, Prevention, and Control Plan is serious and imminent, meaning that the risk is imminent. In this case, failure to specify where the serological test will be taken, where the informational talk will be given, how the in-person physical evaluation will be conducted, among other things, does not qualify as a serious and imminent risk that warrants the application of the reported violation.

MONTHLY REMINDER

SUNAFIL adopts various actions to prevent and punish child and forced labor in different regions of the country.- SUNAFIL has been adopting prevention and awareness-raising actions aimed at protecting the rights of girls, boys, and adolescents against child and forced labor, such as orientation talks, technical assistance actions, operations, and interventions in this area.