Introduction
In this newsletter, we will analyze the recent Resolution issued by the First Chamber of the Labor Inspection Court (TFL) in relation to the sanctioning file N° 151-2018-SUNAFIL/IRE-ICA. This case involves the company Construcciones y Maquinarias del Sur S.A.C., which was sanctioned for alleged violations in labor relations, social security, and ineffective labor. The resolution is significant as it addresses the denaturalization of the service contract, a crucial issue in the labor field.
Background of the case
The dispute arose from an inspection carried out in June 2018, during which irregularities in the registration of workers were detected. The company was accused of not registering eight people in the payroll, arguing that these people provided services under leasing contracts, covered by the Civil Code. SUNAFIL considered that the nature of the relationship was labor and, therefore, proceeded to sanction the company.
Resolution of the court
The Court, in its analysis, considered several relevant aspects:
- Elements of the labor relationship: it was concluded that in order to determine whether a relationship is labor, three key elements must be evaluated: the personal provision of the service, remuneration and subordination. The latter is the most distinctive and determining element.
- Principle of the primacy of reality: This principle was applied by the inspecting authority to determine that the relationship between the company and the workers concerned had the characteristics of an employment relationship. However, the Court questioned the sufficiency of the evidence presented, noting that subordination was not duly accredited.
- Corrective Measures and Fines: The resolution confirmed some minor and serious violations related to the lack of delivery of labor documents and the incorrect management of payrolls. However, the most severe penalties, related to social security and denaturalization of the service lease, were left without effect, as subordination had not been sufficiently proven.
Implications for Companies
This case underscores the importance of correctly differentiating between service contracts and employment relationships. Companies must ensure that their labor practices comply with legal requirements and that any employment relationship is formally registered to avoid penalties.
Conclusion
The resolution of the Labor Inspection Court in this case highlights the need for a correct application of the principle of primacy of reality and the importance of a proper documentation and management of labor relations. Companies should pay special attention to the conditions under which they contract services to avoid possible conflicts and sanctions in the future.
Source: Denaturalización de una locación de servicios.pdf de Fiscalización Laboral Primera Sala, T. (s/f). Tribunal de Fiscalización Laboral Primera Sala Resolution N° 611-2024-SUNAFIL/TFL-Primera Sala.