Introduction
The INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – National Institute for the Defense of the Free Competition and the Protection of Intellectual Property) issued Resolution No. 0011-2025/SEL-INDECOPI on January 17, 2025, declaring illegal a requirement imposed by the EsSalud (Seguro Social de la Salud del Perú – Peruvian Social Security and Healthcare Institution) related to the validation of medical certificates.
Background
The 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 being issued. 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 the EsSalud.
INDECOPI Decision
The 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 an unstipulated condition in the current regulations, which represented an illegal bureaucratic barrier.
Implications of the Resolution
This INDECOPI decision exempts employers from presenting the validation file of the medical certificate within 30 working days of issuance. By removing this requirement, the aim is to facilitate the process so that employers obtain refunds of the subsidies paid to their employees for temporary disability, maternity, or breastfeeding without facing additional difficulties 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 exceeding the stipulations in current regulations. This measure contributes to the elimination of bureaucratic barriers that hinder access to benefits for both employers and employees in social security.
Source: Publicacion Oficial - Diario Oficial El Peruano