Introduction
The National Superintendence of Labor Inspection (SUNAFIL) has issued Resolution No. 016-2024-SUNAFIL/TFL, which establishes a binding precedent of mandatory observance. This document strengthens the protection of labor rights related to maternity and breastfeeding, prohibiting the compensation or substitution of these leaves by employers.
Background of the case
The resolution originates in a sanctioning procedure against the company Movil Bus S.A.C., which was fined S/. 580,500 for non-compliance with the regulations on maternity and breastfeeding leave of one of its employees, Adalina Soledad Flores Montero.
- Maternity leave: The company did not accredit that the worker fully 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 that these hours were compensated with overtime payments, which was rejected by the supervisory authority.
As a result, the company was sanctioned for two very serious labor relations violations related 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.
SUNAFIL stresses the importance of procedural good faith and the employer’s obligation to respect the fundamental rights of female workers, especially with regard to maternity and breastfeeding.
Implications and mandatory compliance
The resolution establishes that all employers must comply with regulations related to the protection of working women during periods of pregnancy and breastfeeding. This binding precedent must be complied with by all entities of the Labor Inspection System, ensuring uniformity in the application of these regulations.
Binding precedent: prohibition of compensation of leaves of absence
SUNAFIL’s resolution, in addition to sanctioning Movil Bus S.A.C., establishes a binding precedent that must be complied with by all entities of the Labor Inspection System. The most important points are the following, based on grounds 6.20 to 6.26 of the resolution:
- Procedural good faith (6.20): it is established that the employer must act with mutual respect and cooperation during administrative proceedings, ensuring that the evidence and documents submitted are authentic and are not intended to delay the proceedings.
- Prohibition of bad faith (6.21): The use of evidence that does not correspond to reality or that contradicts previous statements by the employer is considered a violation of the principle of truthfulness. Unsubstantiated justifications that attempt to avoid sanctions are not accepted.
- Penalty for delaying procedures (6.22): When it is identified that the employer submits worthless evidence in order to delay the proceedings, it is considered an act of bad faith. In such cases, the Tribunal 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 worker. 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, since its purpose is to protect 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 in any way, so it must be fully respected.
- Constitutional protection (6.26): The protection of working mothers is a right reinforced by the Peruvian Constitution and various international treaties. Compensation for these leaves goes against the purpose of the regulations that seek to protect the health of the mother and child.
Conclusion
SUNAFIL, through this resolution, reinforces its commitment to the protection of women’s labor rights, especially in the context of 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 SUNAFIL’s commitment to the defense of labor rights and equity in the workplace.