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Peru: New Protocol to Inspect Sexual Harassment in the Workplace

Author: César Puntriano Rosas

Peruvian regulations prohibit sexual harassment at the workplace and establishes fines for employers who do not elaborate and execute an internal procedure to investigate and punish such conduct if a claim by the supposed victim is filed.

Labour Inspection Superintendency No. 257-2022-SUNAFIL has updated the protocol through a new Resolution to inspect sexual harassment in the workplace.

The new protocol establishes that if the claimant who submitted a complaint before the Labour Inspection Superintendency does not expressly grant authorisation to reveal his identity, he will be given a period of 2 days to proceed. Once the term has expired, without any response or negative response, the inspection must be initiated, avoiding re-victimisation.

Also, whether the victim authorises it, the labour inspection reports such claims to the service of orientation and accompaniment for cases of sexual harassment at work to the Ministry of Labour, named” Work Without Harassment”.

It is provided that in the execution of the inspection, the acting inspector specifically considers the principle of not re-victimising the victim.