Introduction
Herein, we will analyze the recent Resolution of the First Chamber of the Labor Inspection Court regarding the sanctioning file No. 151-2018-SUNAFIL/IRE-ICA. This case involves the company Construcciones y Maquinarias del Sur S.A.C., 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
The dispute arose from an inspection in June 2018, which detected irregularities in the personnel registration. The company was accused of not registering eight people on the payroll, arguing that these people provided services under leasing contracts covered by the Civil Code. The SUNAFIL (Superintendencia Nacional de Fiscalización Laboral – National Superintendence of Labor Inspection) considered it a labor nature and, therefore, sanctioned the company.
Court Resolution
The Court, in its analysis, considered several relevant aspects:
- Labor relationship elements: 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 applied the inspecting authority to determine that the relationship between the company and the personnel concerned had the characteristics of an employment relationship. Conversely, 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 insufficient filing of labor documents and the incorrect management of payrolls. Conversely, the most severe penalties related to social security and denaturalization of the service lease had no effects, as subordination had not been sufficiently proven.
Implications for Companies
This case underscores the correct difference between service contracts and employment relationships. Companies must ensure that their labor practices comply with legal requirements and any employment relationship is formally registered to avoid penalties.
Conclusion
The Resolution of the Labor Inspection Court highlights the need for correctly applying the principle of primacy of reality and the importance of 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 eventual sanctions.
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.