On March 15th, 2019, Superintendence Resolution N° 110-2019-SUNAFIL, was issued, resolution which approved the criteria adopted by the "Criteria Committee on legal matters applicable to the Labor Inspection System of the National Superintendency of Labor Inspection - SUNAFIL ".
Is in this context, that 5 normative criteria were approved in order to standardize the meaning of the applicable legislation, regarding the following topics:
1st TOPIC
Calculation of the prescription period related to the Labor Inspection System
2nd TOPIC
Application of the infractions' tendering in case of absence to the verification of the measure of requirement and non-compliance with such measure
The infractions' tendering will be applied when the subject carries out the following conducts:
Do not attend the hearing that has been notified in order to prove compliance with the requirement measure; and as well,
Does not prove compliance with the measure.
EFFECT: Both conducts will be sanctioned independently, since they are different obligations.
3rd TOPIC
Application of the infractions’ tendering in case of deposit of CTS and settlement sheets
The infractions' tendering will be applied when the employer's non-compliance is verified regarding the following obligations:
Omission in the payment of the Compensation for Time of Services (CTS) and,
Omission in the submission of the CTS' settlement sheet.
REQUIREMENTS: The tendering will proceed if the obligations refer to the same period and affect the same employees.
4th TOPIC
Classification and sanctions of the breach related to not registering the employees within the term of the Law.
The employee's registration in the Electronic Form, recording the actual date of entry and other requirements required by law, remedy the omission of registration in the application of the SUNAT not made on time.
5th TOPIC
Expiration of the Sanctioning Procedure in the event of nullity
The expiration term is not applicable with respect to the corresponding resolution issued as a result of the declaration of nullity of the resolution of first instance in the sanctioning administrative procedure (PAS).
AOV ABOGADOS
March 2019