2024 WLG Whistleblower Guide: Peru
Is there a law to protect whistleblowers? If so, which law?
Yes, there is a labor law that protects whistleblowers. On February 6, 2003, Law No. 27942, "Law to Prevent and Punish Sexual Harassment,” entered into force. This law, together with its Regulation, approved by Supreme Decree No. 014-2019-MIMP, requires companies to implement protection measures for whistleblowers who report cases of sexual harassment in the workplace.
On the other hand, regarding criminal and antitrust law, Law No. 30424, "Law that regulates the administrative liability of legal entities in criminal proceedings," and its Regulation, approved by Supreme Decree No. 002-2019-JUS, together with Legislative Decree No. 1034, which approves the Law for the Repression of Anticompetitive Conducts, and the Guidelines on Competition Compliance Program, approved by Resolution No. 006-2020/CLC-INDECOPI, recommend companies to incorporate, within their Compliance Programs, a whistleblowing channel and protection mechanisms for whistleblowers.
Are companies legally obliged to introduce a whistleblowing system?
Yes, under labor law, companies are legally obliged to implement measures to prevent and sanction sexual harassment, including channels for filing sexual harassment complaints.
In the criminal and antitrust areas, implementing a whistleblowing system is optional. However, if the antitrust authority sanctions a company for infringing the Antitrust Law, it will be mandatory for such a company to implement a whistleblowing system.
If so, which companies must introduce a whistleblowing system (number of employees, turnover, sector)?
The scope of application of Law No. 27942 and its Regulations includes -among others- public and private workplaces. Such employers have an obligation to prevent and sanction sexual harassment and must implement whistleblowing channels for the attention of these cases. There are no exceptions based on size, turnover, or sector.
As aforementioned, implementing a whistleblowing system is not mandatory in criminal and antitrust areas. Any company might implement it independently of its size, number of employees, turnover, or sector.
What forms can a whistleblowing system take (written, verbal, email, electronic tool)?
The Regulation of Law No. 27942 establishes that complaints may be submitted verbally, in writing, in person, or electronically to the responsible person designated by each company.
Regarding criminal and antitrust law, the whistleblowing system can also take different forms, including telephone hotlines and online complaints.
Which reports must be permitted?
Law No. 27942 allows the filing of sexual harassment claims.
In the criminal area, the complaints must refer to different types of crimes contemplated in Law No. 30424, while in the antitrust area, they must address anti-competitive conduct such as abuse of dominant position and vertical and horizontal collusive practices.
Must anonymous reporting be guaranteed?
Law No. 27942 does not establish the obligation to implement channels for anonymous reporting. However, this does not prevent investigations from being carried out in a confidential manner, guaranteeing the protection of the whistleblowers' personal data and identities.
In the criminal and antitrust fields, the guidelines and directives issued by the competent authorities establish that the confidentiality and anonymity of the whistleblowers must be guaranteed.
Who must be able to provide information (only employees or also external third parties)?
The Regulation of Law No. 27942 establishes that the procedure for investigating and sanctioning sexual harassment in the private sector may be initiated at the victim's or a third party's request. Therefore, information on acts of sexual harassment within a company may also come from external third parties.
External third parties are also permitted to provide information for internal investigations in the criminal and antitrust fields.
Can companies rely on one centralized hotline or is it necessary to have one hotline for each subsidiary?
The Regulation of Law No. 27942 does not limit companies to a single telephone hotline. They may opt to establish a centralized hotline or implement separate hotlines for each of their subsidiaries or affiliates.
Likewise, in the criminal and antitrust fields, companies have the flexibility to choose between a centralized hotline and one hotline for each subsidiary.
Can a whistleblowing system also be operated by an external body (e.g. consultant)?
The Regulation of Law No. 27942 does not oblige companies to manage their whistleblowing channels directly. Therefore, they may delegate this task to an external company specialized in the management of complaint channels. However, the company responsible for compliance is the employer, not the external consultant.
Companies can also entrust an external agent with managing their whistleblowing channels in the criminal and antitrust fields.
Are sanctions imposed for failure to introduce a whistleblowing system?
Yes, Law No. 28806, "General Labor Inspection Law," and its Regulations, approved by Supreme Decree No. 019-2006-TR, establish that failing to adopt the necessary measures to prevent and cease acts of hostility is a very serious infraction. This may generate fines for companies, ranging from 0.23 to 52.53 Tax Units, depending on the number of workers and the size of the company.
In the criminal and antitrust fields, since the whistleblowing systems are not mandatory, there are no penalties for not implementing them. However, in the case of antitrust law, if the authority orders the implementation of a whistleblowing system and it is not implemented, this will be considered an infringement of a corrective measure that could be sanctioned with a fine.
Also, in criminal law, the implementation of a whistleblowing system may attenuate an eventual fine.
Is there a law to protect whistleblowers? If so, which law?
Yes, there is a labor law that protects whistleblowers. On February 6, 2003, Law No. 27942, "Law to Prevent and Punish Sexual Harassment,” entered into force. This law, together with its Regulation, approved by Supreme Decree No. 014-2019-MIMP, requires companies to implement protection measures for whistleblowers who report cases of sexual harassment in the workplace.
On the other hand, regarding criminal and antitrust law, Law No. 30424, "Law that regulates the administrative liability of legal entities in criminal proceedings," and its Regulation, approved by Supreme Decree No. 002-2019-JUS, together with Legislative Decree No. 1034, which approves the Law for the Repression of Anticompetitive Conducts, and the Guidelines on Competition Compliance Program, approved by Resolution No. 006-2020/CLC-INDECOPI, recommend companies to incorporate, within their Compliance Programs, a whistleblowing channel and protection mechanisms for whistleblowers.
Are companies legally obliged to introduce a whistleblowing system?
Yes, under labor law, companies are legally obliged to implement measures to prevent and sanction sexual harassment, including channels for filing sexual harassment complaints.
In the criminal and antitrust areas, implementing a whistleblowing system is optional. However, if the antitrust authority sanctions a company for infringing the Antitrust Law, it will be mandatory for such a company to implement a whistleblowing system.
If so, which companies must introduce a whistleblowing system (number of employees, turnover, sector)?
The scope of application of Law No. 27942 and its Regulations includes -among others- public and private workplaces. Such employers have an obligation to prevent and sanction sexual harassment and must implement whistleblowing channels for the attention of these cases. There are no exceptions based on size, turnover, or sector.
As aforementioned, implementing a whistleblowing system is not mandatory in criminal and antitrust areas. Any company might implement it independently of its size, number of employees, turnover, or sector.
What forms can a whistleblowing system take (written, verbal, email, electronic tool)?
The Regulation of Law No. 27942 establishes that complaints may be submitted verbally, in writing, in person, or electronically to the responsible person designated by each company.
Regarding criminal and antitrust law, the whistleblowing system can also take different forms, including telephone hotlines and online complaints.
Which reports must be permitted?
Law No. 27942 allows the filing of sexual harassment claims.
In the criminal area, the complaints must refer to different types of crimes contemplated in Law No. 30424, while in the antitrust area, they must address anti-competitive conduct such as abuse of dominant position and vertical and horizontal collusive practices.
Must anonymous reporting be guaranteed?
Law No. 27942 does not establish the obligation to implement channels for anonymous reporting. However, this does not prevent investigations from being carried out in a confidential manner, guaranteeing the protection of the whistleblowers' personal data and identities.
In the criminal and antitrust fields, the guidelines and directives issued by the competent authorities establish that the confidentiality and anonymity of the whistleblowers must be guaranteed.
Who must be able to provide information (only employees or also external third parties)?
The Regulation of Law No. 27942 establishes that the procedure for investigating and sanctioning sexual harassment in the private sector may be initiated at the victim's or a third party's request. Therefore, information on acts of sexual harassment within a company may also come from external third parties.
External third parties are also permitted to provide information for internal investigations in the criminal and antitrust fields.
Can companies rely on one centralized hotline or is it necessary to have one hotline for each subsidiary?
The Regulation of Law No. 27942 does not limit companies to a single telephone hotline. They may opt to establish a centralized hotline or implement separate hotlines for each of their subsidiaries or affiliates.
Likewise, in the criminal and antitrust fields, companies have the flexibility to choose between a centralized hotline and one hotline for each subsidiary.
Can a whistleblowing system also be operated by an external body (e.g. consultant)?
The Regulation of Law No. 27942 does not oblige companies to manage their whistleblowing channels directly. Therefore, they may delegate this task to an external company specialized in the management of complaint channels. However, the company responsible for compliance is the employer, not the external consultant.
Companies can also entrust an external agent with managing their whistleblowing channels in the criminal and antitrust fields.
Are sanctions imposed for failure to introduce a whistleblowing system?
Yes, Law No. 28806, "General Labor Inspection Law," and its Regulations, approved by Supreme Decree No. 019-2006-TR, establish that failing to adopt the necessary measures to prevent and cease acts of hostility is a very serious infraction. This may generate fines for companies, ranging from 0.23 to 52.53 Tax Units, depending on the number of workers and the size of the company.
In the criminal and antitrust fields, since the whistleblowing systems are not mandatory, there are no penalties for not implementing them. However, in the case of antitrust law, if the authority orders the implementation of a whistleblowing system and it is not implemented, this will be considered an infringement of a corrective measure that could be sanctioned with a fine.
Also, in criminal law, the implementation of a whistleblowing system may attenuate an eventual fine.
Is there a law to protect whistleblowers? If so, which law?
Yes, there is a labor law that protects whistleblowers. On February 6, 2003, Law No. 27942, "Law to Prevent and Punish Sexual Harassment,” entered into force. This law, together with its Regulation, approved by Supreme Decree No. 014-2019-MIMP, requires companies to implement protection measures for whistleblowers who report cases of sexual harassment in the workplace.
On the other hand, regarding criminal and antitrust law, Law No. 30424, "Law that regulates the administrative liability of legal entities in criminal proceedings," and its Regulation, approved by Supreme Decree No. 002-2019-JUS, together with Legislative Decree No. 1034, which approves the Law for the Repression of Anticompetitive Conducts, and the Guidelines on Competition Compliance Program, approved by Resolution No. 006-2020/CLC-INDECOPI, recommend companies to incorporate, within their Compliance Programs, a whistleblowing channel and protection mechanisms for whistleblowers.
Are companies legally obliged to introduce a whistleblowing system?
Yes, under labor law, companies are legally obliged to implement measures to prevent and sanction sexual harassment, including channels for filing sexual harassment complaints.
In the criminal and antitrust areas, implementing a whistleblowing system is optional. However, if the antitrust authority sanctions a company for infringing the Antitrust Law, it will be mandatory for such a company to implement a whistleblowing system.
If so, which companies must introduce a whistleblowing system (number of employees, turnover, sector)?
The scope of application of Law No. 27942 and its Regulations includes -among others- public and private workplaces. Such employers have an obligation to prevent and sanction sexual harassment and must implement whistleblowing channels for the attention of these cases. There are no exceptions based on size, turnover, or sector.
As aforementioned, implementing a whistleblowing system is not mandatory in criminal and antitrust areas. Any company might implement it independently of its size, number of employees, turnover, or sector.
What forms can a whistleblowing system take (written, verbal, email, electronic tool)?
The Regulation of Law No. 27942 establishes that complaints may be submitted verbally, in writing, in person, or electronically to the responsible person designated by each company.
Regarding criminal and antitrust law, the whistleblowing system can also take different forms, including telephone hotlines and online complaints.
Which reports must be permitted?
Law No. 27942 allows the filing of sexual harassment claims.
In the criminal area, the complaints must refer to different types of crimes contemplated in Law No. 30424, while in the antitrust area, they must address anti-competitive conduct such as abuse of dominant position and vertical and horizontal collusive practices.
Must anonymous reporting be guaranteed?
Law No. 27942 does not establish the obligation to implement channels for anonymous reporting. However, this does not prevent investigations from being carried out in a confidential manner, guaranteeing the protection of the whistleblowers' personal data and identities.
In the criminal and antitrust fields, the guidelines and directives issued by the competent authorities establish that the confidentiality and anonymity of the whistleblowers must be guaranteed.
Who must be able to provide information (only employees or also external third parties)?
The Regulation of Law No. 27942 establishes that the procedure for investigating and sanctioning sexual harassment in the private sector may be initiated at the victim's or a third party's request. Therefore, information on acts of sexual harassment within a company may also come from external third parties.
External third parties are also permitted to provide information for internal investigations in the criminal and antitrust fields.
Can companies rely on one centralized hotline or is it necessary to have one hotline for each subsidiary?
The Regulation of Law No. 27942 does not limit companies to a single telephone hotline. They may opt to establish a centralized hotline or implement separate hotlines for each of their subsidiaries or affiliates.
Likewise, in the criminal and antitrust fields, companies have the flexibility to choose between a centralized hotline and one hotline for each subsidiary.
Can a whistleblowing system also be operated by an external body (e.g. consultant)?
The Regulation of Law No. 27942 does not oblige companies to manage their whistleblowing channels directly. Therefore, they may delegate this task to an external company specialized in the management of complaint channels. However, the company responsible for compliance is the employer, not the external consultant.
Companies can also entrust an external agent with managing their whistleblowing channels in the criminal and antitrust fields.
Are sanctions imposed for failure to introduce a whistleblowing system?
Yes, Law No. 28806, "General Labor Inspection Law," and its Regulations, approved by Supreme Decree No. 019-2006-TR, establish that failing to adopt the necessary measures to prevent and cease acts of hostility is a very serious infraction. This may generate fines for companies, ranging from 0.23 to 52.53 Tax Units, depending on the number of workers and the size of the company.
In the criminal and antitrust fields, since the whistleblowing systems are not mandatory, there are no penalties for not implementing them. However, in the case of antitrust law, if the authority orders the implementation of a whistleblowing system and it is not implemented, this will be considered an infringement of a corrective measure that could be sanctioned with a fine.
Also, in criminal law, the implementation of a whistleblowing system may attenuate an eventual fine.