Despido arbitrario: SUNAFIL publicó Directiva sobre Verificación por Impedimento de Ingreso al Centro de Trabajo

Course of the inspection proceedings

• The inspection is carried out for a period of four (4) business days, extendable up to six (6) business days due to duly justified circumstances.

• Inspection actions can be carried out in person or virtually.

• The inspector can carry out an inspection visit (face-to-face or virtual), in which the worker can participate.

• In the absence of the worker's statement or attendance at the inspection proceedings, the inspector must prove that he has exhausted the use of the resources necessary to establish communication with him. The inspector must require, among others, the following:

  a) The specific circumstances in which the dismissal would have taken place.
  b) The employer's statement about the non-existence of a relationship with the complaining worker (if the existence of a current relationship is noticed, an inspection order must be issued to verify compliance with social and labor regulations).

  The inspector safeguards the worker's right to go to court, if he finds the following:

1. That the worker has a dismissal letter
2. That he is in a dismissal procedure.
3. That judicial proceedings have been initiated, among others