Introduction
The Specialized Chamber for the Elimination of Bureaucratic Barriers of the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) issued Resolution No. 0011-2025/SEL-INDECOPI on January 17, 2025, declaring illegal a requirement imposed by the Social Security Health Institute (EsSalud) related to the validation of medical certificates.
Context of the Resolution
EsSalud, through Directive No. 015-GG-ESSALUD-2014, specifically in sub-section 6.2.4.1.1, required employers to submit the medical certificate validation file within 30 working days of its issue. This directive, approved by General Management Resolution No. 1311-GG-ESSALUD-2014, established rules and procedures for the issuance, registration and control of medical certificates for disability and maternity in EsSalud.
INDECOPI decision
INDECOPI determined that EsSalud’s requirement constituted an illegal bureaucratic barrier. According to Article 9 of Law No. 26790, the Law on the Modernization of Social Security in Health, and Article 13 of the Regulations on the Recognition and Payment of Economic Benefits of the same law, approved by Supreme Decree No. 013-2019-TR, the conditions for the recognition and payment of economic benefits, such as subsidies for temporary disability, maternity and breastfeeding, are based on the employer having the necessary number of paid contributions. The imposition of EsSalud added a condition not contemplated in the current regulations, which represented an illegal bureaucratic barrier.
Implications of the Resolution
This decision by INDECOPI eliminates the obligation for employers to present the validation file of the medical certificate within 30 working days of its issue. By removing this requirement, the aim is to facilitate the process so that employers can obtain reimbursement of the subsidies paid to their workers for temporary disability, maternity or breastfeeding, without facing additional obstacles not foreseen in the legislation.
Conclusion
Resolution No. 0011-2025/SEL-INDECOPI reinforces the principle of legality in public administration, ensuring that entities do not impose requirements that exceed what is established in current regulations. This measure contributes to the elimination of bureaucratic barriers that hinder access to benefits for both employers and workers in the field of social security.
Source: Publicacion Oficial - Diario Oficial El Peruano