Collegiate adopts mandatory guidelines regarding the respect of rights.
In a plenary session, the Labor Inspection Court (TFL) of the National Superintendence of Labor Inspection (Sunafil) set a series of administrative precedents of mandatory observance referring to the due procedure for the execution of the perfect suspension of work in the context of the emergency health generated by covid-19.
Also mandatory administrative precedents linked to the weekly day of rest, as well as union representation and the effects of the collective bargaining agreement, considering that the regulations classify as a very serious infraction in terms of labor relations the performance of acts that affect the freedom of association such as those that promote the disaffiliation of a workers’ organization.
In accordance with Full Chamber Resolution No. 007-2022-SUNAFIL/TFL, the employer, when requesting authorization for the execution of the perfect suspension of work, must communicate the measure (and their support) to the affected workers, applying the duty promotion of collective bargaining at this stage; and taking into account that this decision cannot mean an affectation of the fundamental rights of workers.
In this context, the TFL specifies that the action of the labor inspection authority is not intended to qualify the request for perfect suspension of work, but rather assists the competent administrative labor authority to resolve the admissibility or inadmissibility of said request.
This, without prejudice to the control deployed with the labor supervision over possible facts derived from the request for the perfect suspension, which constitute a matter other than the object of the pronouncement in the approval procedure or that of challenging the perfect suspension of work, until the issuance of the firm administrative act.
Regarding the qualification of facts that may be connected to an administrative file requesting the perfect suspension of work, on which there is not yet a final administrative act, the TFL details that the observance of the principles of legality, material truth and of presumption of legality, among others, that must be followed by the inspecting and sanctioning authority, before proposing or determining the possible administrative responsibility of the subject inspected.
Therefore, if at the time of the inspection actions it is evident that a request for a perfect suspension of work is pending, which must be addressed by the competent authority, the inspector must not presume the illegality of the employer’s conduct, by not carrying out the payment of remuneration, since the procedure for the perfect suspension has not yet concluded, specifies the Sunafil Court.
weekly rest day
In accordance with the Full Chamber Resolution No. 008-2022-SUNAFIL/TFL, if the worker does not enjoy a day
of weekly rest, an evident violation of their right to rest from the work carried out is denoted, especially if said right is recognized in the constitutional norms. Regarding this, the TFL refers that the payment for uncompensated day of rest should be applied as exceptional to the day of rest to avoid excesses.
Source: The Peruvian