Introduction
In a transcendental decision, the Labor Inspection Court has issued PLENARY COUNCIL RESOLUTION No. 003-2024-SUNAFIL/TFL regarding an occupational safety and health (OSH) case involving the Sociedad de Beneficencia de Jaén (Jaén Charitable Society). This ruling marks a significant milestone in the labor field and reflects the authorities‘ commitment to ensure the welfare of workers.
Description of the Case: Sociedad de Beneficencia de Jaén
Background
The case arose from an inspection order that started an exhaustive investigation into the compliance of the Sociedad de Beneficencia de Jaén with the OSH legal system.
Investigation Process and Argumentation
After a rigorous process, a financial penalty was proposed due to several violations, including the absence of an Internal OSH Regulation. The Sociedad de Beneficencia de Jaén challenged the decision, arguing several points, including the incorrect application of certain regulations and the lack of competence of the SUNAFIL (Superintendencia Nacional de Fiscalización Laboral – National Superintendence of Labor Inspection) to inspect the matters to be sanctioned.
Violations Incurred:
The serious violations were committed for not having hazard identification and risk assessment nor an OSH committee (or supervisor) during the reporting period, in addition to the unavailability of a register of diseases, medical examinations, and Internal OSH Regulations.
Court’s Analysis and Resolution
The Labor Inspection Court thoroughly reviewed each argument presented by the Sociedad de Beneficencia de Jaén, evaluating its relevance and validity based on the established regulatory framework. After a thorough analysis, it issued its resolution on the appeal for review, determining the corresponding measures regarding the violations identified in the process. Mandatory compliance criteria were established, which address the reparable nature of labor violations and provide clear guidelines for qualifying non-compliance as “irremediable” in the labor area. These criteria include:
- Violations whose illegal effects can be completely repaired, thus eliminating the irregularity in the employer’s behavior, are considered remediable, being performed by the labor inspector during the labor inspection.
- Violations will not be considered rectified if, despite theaforementioned conditionbeing fulfilled, at the end of the inspection, the inspector reasonably considers that the employer has failed to reverse the unlawful effects.
- Violations will be qualified as irremediable whenthe adverse effects on the rights or non-compliance with the obligations cannot be corrected. These criteria mustbe observed by all the bodies of the Labor Inspection System.
Conclusion
The resolution of the Labor Inspection Court in the case of the Sociedad de Beneficencia de Jaén is emblematic in the occupational safety and health (OSH) field. Through a thorough investigation and argumentation, several serious and very serious violations related to non-compliance with the OSH legal system were identified. The Court thoroughly evaluated the arguments presented by the Sociedad de Beneficencia, determining the validity of each one under the established regulatory framework. The resolution establishes clear criteria for the qualification of violations as remediable or irremediable, providing guidelines to correct labor irregularities. This ruling reflects the authorities‘ commitment to ensure the welfare of workers and marks an important milestone in strengthening occupational safety and the protection of labor rights.
Source: Gob.pe