Around 2022, the 180-day period that Supreme Decree No. 001-22-TR established for Peruvian companies to end their labor outsourcing schemes for activities related to the core of the business came to an end. The National Superintendence of Labor Inspection (Sunafil) began the inspections in order to verify the adequacy of the companies to the guidelines of the decree issued in February of this year.

In this regard, the agency has new guidelines on offenses and sanctions issued through Supreme Decree No. 015-2022-TR, which modifies the Regulations of the General Labor Inspection Law.

New sanctions:

• Outsource core business activities. Very serious offence.
• Use outsourcing for non-main activities. Very serious offence.
• Terminate outsourced workers due to adaptation to the new outsourcing rules. Very serious offence.
• Use outsourcing as a mere supply of labor. Very serious offence.
• Failure to comply with the formalities in the contracts of posted workers or breaching the duty of information. Serious offense.

The amount of the fines is determined by the number of workers affected.

For more information contact:

Mario Pinatte  | CPB Partner | mpinatte@cpb-abogados.com.pe