Introduction
The SUNAFIL (Superintendencia Nacional de Fiscalización Laboral – National Superintendence of Labor Inspection) has issued Resolution No. 016-2024-SUNAFIL/TFL, establishing a binding precedent of mandatory observance. This document strengthens the protection of labor rights related to maternity and breastfeeding, prohibiting compensating or substituting these leaves by employers.
Background
The resolution arises in a sanctioning procedure against Movil Bus S.A.C., which was fined S/. 580,500 for non-compliance with the maternity and breastfeeding leave of one of its employees, Adalina Soledad Flores Montero.
- Maternity leave: The company did not accredit that the worker completely enjoyed her pre- and post-natal maternity leave, which should have been covered from April 2 to July 8, 2020.
- Breastfeeding leave: In addition, it was not demonstrated that the worker had received one hour of daily leave for breastfeeding, as required by law. Movil Bus alleged to compensate these hours with overtime payments, which was rejected by the supervisory authority.
As a result, the company was sanctioned for two serious labor violations to the protection of working mothers.
Legal Grounds
Protection of Working Mothers
The resolution is based on various national and international regulations that protect working mothers during pregnancy and breastfeeding. These include the Political Constitution of Peru, Convention No. 183 of the International Labor Organization (ILO), and Law No. 30709, which prohibits wage discrimination between men and women.
The SUNAFIL stresses the importance of procedural good faith and the employer’s obligation to respect the fundamental rights of female workers, especially concerning maternity and breastfeeding.
Implications and Mandatory Compliance
The resolution establishes that all employers must comply with the female worker protection regulations during pregnancy and breastfeeding. Entities must comply with this binding precedent of the Labor Inspection System, ensuring uniformity in applying these regulations.
Binding Precedent: Prohibition of Compensation of Absence Leaves
The SUNAFIL’s resolution, in addition to the Movil Bus S.A.C. sanction, creates a binding precedent to be complied with by all entities of the Labor Inspection System. The most significant points are the following, based on grounds 6.20 to 6.26 of the resolution:
- Procedural good faith (6.20): The employer must act with mutual respect and cooperation during administrative proceedings, ensuring that the evidence and documents filed are authentic and not intended to delay the proceedings.
- Prohibition of bad faith (6.21): The evidence inconsistent with reality or contradictory to previous statements by the employer is considered a violation of the truthfulness principle. Unsubstantiated justifications that attempt to avoid sanctions are not accepted.
- Penalty for delaying procedures (6.22): If an employer submits worthless evidence to delay the proceedings, it is considered an act of bad faith. In such cases, the Court may communicate these acts to the Bar Association for appropriate action.
- Prohibition of compensatory leave (6.23): Maternity and breastfeeding leaves cannot be substituted or compensated by payments or agreements between the employer and the employee. Peruvian regulations, including Law No. 27240, explicitly prohibit this practice.
- Protection of the working mother (6.24): Maternity leave cannot be compensated with overtime payments due to the protection of the health of the mother and the newborn, ensuring a healthy maternal bond.
- Breastfeeding protection standard (6.25): Law No. 27240 establishes that the daily leave of one hour for breastfeeding cannot be substituted or compensated by no means. Thus, it must be fully respected.
- Constitutional protection (6.26): Protecting working mothers is a right reinforced by the Peruvian Constitution and various international treaties. Compensation for these leaves is against the regulations intended to protect the health of the mother and child.
Conclusion
The SUNAFIL, through this resolution, reinforces its commitment to protect women’s labor rights, especially during maternity and breastfeeding. This measure underscores the importance of protecting working women in maternity and breastfeeding situations, ensuring that employers comply with their obligations without exceptions. This binding precedent reinforces the SUNAFIL’s commitment to defend labor rights and equity in the workplace.