Labor & Criminal Compliance
Oct 19, 2024• Read time: 7 min
Workplace Sexual Harassment Prevention Law: Mandatory Compliance & Employer Duties
Dr. Héctor Oswaldo Cabrera León
Former Judiciary Judge • Labor Compliance Counsel
Failing to maintain sexual harassment prevention protocols exposes companies to severe SUNAFIL fines and executive liability.
Statutory Basis & Binding Precedent:
Law No. 27942 and Supreme Decree No. 014-2019-MIMP.
Employers must deliver mandatory annual training and maintain strict confidentiality during internal investigations.
Interim protective accommodations must be offered immediately while resolving complaints within 15 calendar days.
During SUNAFIL audits, lacking a functioning committee triggers non-remediable severe penalties.
Procedural Criteria & Legal Rationale
1
Employers with 20 or more employees must establish a joint, democratically elected Intervention Committee.
2
Companies with fewer than 20 employees must appoint a trained delegate to channel reports within 24 hours.
3
Non-compliance constitutes a very serious SUNAFIL labor infraction alongside potential civil and criminal liability.