Introduction
The Full Chamber of the TFL (Tribunal de Fiscalización Laboral – Labor Inspection Court) of SUNAFIL (Superintendencia Nacional de Fiscalización Laboral – National Superintendence of Labor Inspection) issued Resolution No. 019-2024-SUNAFIL/TFL, which establishes administrative precedents to be observed. This ruling redefines the application of the principle of reasonableness in sanctioning procedures, focusing on avoiding excesses when companies voluntarily correct their infractions before filing formal charges.
Background
The case involved Azúcar El Moshaco S.A.C., which was the subject of a labor inspection by the SUNAFIL’s Ucayali Regional Office. The inspection issued an infraction report, proposing a fine for failure to prove the correction of social and labor non-compliances within the term granted in a required inspection measure.
The company filed an appeal for review, arguing that it had voluntarily corrected the irregularities before being notified of the charges. Azúcar El Moshaco S.A.C. pointed out that sanctioning under these circumstances was disproportionate and violated the principle of reasonableness.
Labor Inspection Court Ruling
The TFL determined that sanctioning a company that voluntarily corrected the infractions before the formal accusation contravenes the principle of reasonableness. According to the Court, the objective of the labor inspection is fulfilled when the irregularities are corrected, without the need to impose excessive sanctions. Among the key points of the resolution, the following stand out:
- Annulment of the fine: The economic sanction was eliminated by recognizing that the company corrected its irregularities promptly.
- Compliance to inspect: The Court emphasized that the inspection aims to promote compliance with the regulations, and not only to sanction.
- Principle of reasonableness: The resolution highlighted that sanctions must be proportional to the circumstances of the case.
Established Administrative Precedents
The resolution of the Full Chamber of the TFL establishes two fundamental criteria as administrative precedents. First, it highlights the application of the principle of reasonableness when sanctioning, stressing that these must be proportional to the circumstances of the infraction, and consider the corrective actions taken by the inspected subject. Second, the ruling points out the need to avoid excessive administrative sanctions, especially when the company demonstrates that it has voluntarily corrected the irregularities before the formal notification of the charges. These precedents aim to guarantee a fair and balanced inspection work, promoting a more reflective approach in sanctioning decisions.
Ruling Repercussions
This ruling affects both companies and the labor inspection system. It fosters a culture of voluntary compliance with labor regulations by protecting companies that proactively correct their non-compliance. In addition, this ruling sends a clear message to labor inspectors about the importance of assessing the proportionality of sanctions and prioritizing the promotion of compliance over imposing disproportionate fines. Finally, the ruling strengthens transparency and confidence in the enforcement system, providing a fairer and more predictable framework for relations between companies and labor authorities.
Conclusion
Full Chamber Resolution No. 019-2024-SUNAFIL/TFL reinforces the principle of reasonableness in administrative sanctioning procedures, promoting a fairer and more balanced approach to labor inspection. This ruling protects those affected from disproportionate sanctions, fosters a culture of voluntary compliance, and strengthens confidence in the labor inspection system. The SUNAFIL, with this precedent, advances towards a more effective supervision aligned with the principles of proportionality and fairness.
Source: Diario Oficial El Peruano