The Superintendencia Nacional de Fiscalización Laboral «SUNAFIL» (National Superintendence of Labor Inspection) has created a Computerized System of Electronic Notification, which enables this entity to proceed with the notification of administrative acts and actions issued within the administrative procedures in progress.
It should be noted that a company does not need to register in this electronic notification system, since SUNAFIL has assigned each employer its own electronic mailbox. Let us see what aspects we must consider regarding this system:
Legal Framework
On January 14, 2020, Supreme Decree No. 003-2020-TR was published, approving the mandatory use of the electronic mailbox for notification purposes of administrative procedures and actions of the SUNAFIL.
What is the electronic mailbox of SUNAFIL?
It is the electronic mailbox assigned to the user, created in SUNAFIL’s Computer System, whose purpose is the secure and reliable processing of notifications within the framework of SUNAFIL’s administrative procedures and actions. The electronic mailbox is a mandatory digital address.
The user is the person who participates in the administrative actions and/or procedures of competence of SUNAFIL.
Communication of Notifications
SUNAFIL notifies the user each time a document is notified to the electronic mailbox through the alerts of the Electronic Notification Computer System, in his/her e-mail and/or through the courier service.
What documents are subject to notification via electronic mailbox?
The following are subject to notification: the inspection measures, the inspection report, the resolutions issued in the framework of the administrative sanctioning procedure or in the framework of the coercive enforcement procedure, among others that are necessary for the processing of the procedure and/or action of the Labor Inspection Authority.
What are the obligations of the administered?
It is important to consider the obligations that we have as administered concerning the electronic mailbox, which are:
- To periodically review the electronic mailbox assigned to know the documents and/or administrative acts that are notified.
- To keep the electronic mail and/or messaging service operative for receiving alerts of the Computer System of Electronic Notification.
- To keep confidentiality and adopt security measures in the use of the username and password assigned to the electronic mailbox.
What must the electronic mailbox notification contain?
The notification via electronic mailbox must contain the following:
- The full text of the administrative act or action, including its motivation and annexes, if applicable.
- The identification of the procedure in which it has been issued, if applicable.
- The SUNAFIL body from which the administrative act or action originates and its address.
- The effective date of the administrative action or act notified and the mention of whether it exhausts administrative channels, if applicable.
- The expression of applicable resources, the body before which the resources must be filed, and the filing deadline.
When does the notification via the electronic mailbox of SUNAFIL take effect?
The notification is taken as validly carried out with the deposit of the document in the electronic mailbox assigned to the person concerned and becomes effective on the day it is recorded as received in the electronic mailbox or, if not a working day, as of the first working day following its receipt.
In this sense, the electronic mailbox is of mandatory use for all those administered. Therefore, it must be continuously reviewed for possible notifications of administrative acts by SUNAFIL, although these will also be communicated by e-mail.
The access to the electronic mailbox is by using the CLAVE SOL data, by this means: https://www.gob.pe/10006-acceder-a-la-casilla-electronica-de-sunafil. So, when is the electronic mailbox of SUNAFIL used? Always, emphasizing when the entity notifies administrative acts or actions. Likewise, because the working and orientation guides are accessible to the administered in this platform, among other information.
