Prevention

Sexual harassment prevention and investigations in Peru

The prevention system Peruvian law requires, and hands-on support when a complaint arrives and the statutory clock starts running in days rather than weeks.

Who it is for
  • Regional HR and ethics teams responsible for Peruvian employees
  • Local HR managers who will receive and process complaints
  • Groups whose global speak-up policy must be adapted to Peruvian procedure
When it makes sense
  • The entity has reached 20 employees and needs a committee and a written policy
  • A complaint has been received and protective measures must be decided quickly
  • The global ethics hotline receives a report concerning a Peruvian employee
  • Training and the annual risk evaluation have not been carried out
  • The alleged harasser is a senior manager or a contractor’s employee

Peru regulates workplace sexual harassment through Law 27942 and its regulations (Supreme Decree 014-2019-MIMP), which set out not only what the employer must do to prevent harassment but also a precise procedure, measured in business days, for handling each complaint. For foreign-owned companies with a global speak-up program, the challenge is to fit that local procedure into group processes without missing a deadline.

The business problem

Employers with 20 or more employees must set up an intervention committee of four members, two representing the employer and two representing employees, with gender parity; smaller employers appoint a delegate. Entities of that size also need a written internal policy. All employers must carry out an annual evaluation of harassment risk, provide training at the start of the employment relationship, and provide annual specialized training for HR and those involved in investigations.

When a complaint arrives, the timeline is tight. Protective measures must be ordered within three business days. The complaint and the measures must be reported to the MTPE (the Ministry of Labor and Employment Promotion) within six business days. The committee issues its report within 15 calendar days, and HR decides within ten calendar days after that. A global investigation that takes a month to scope will not meet that schedule. Our note on employer duties regarding sexual harassment in Peru sets out the full procedure.

How we approach it

We build the prevention system first: a policy that fits the group’s code of conduct, committee or delegate setup, a procedure guide with a day-by-day timeline, and templates for each step. We then train employees, HR and committee members.

When a complaint is received, we work with HR in real time: deciding proportionate protective measures, preparing notifications to the authority, organizing the investigation so that the accused person can respond, and drafting the committee’s report and HR’s decision. Where the facts may justify dismissal, harassment is a serious offense under Peruvian law and we coordinate with the disciplinary process described in our note on disciplinary measures. Clear internal rules help here too; see our note on internal work rules in Peru.

What the engagement includes, and its limits

The service covers the prevention system, training, and case support from complaint to decision. It can be engaged as a one-off setup or on call for complaints.

We do not act as the committee or take the employer’s decision; the regulations assign those roles to the company’s people. We do not provide psychological or medical support to the parties, although we help HR offer the channels the regulations require. We cannot predict how a court or the authority will view a particular case.

Coordination with the parent company, finance and payroll

Regional ethics teams receive bilingual case summaries in the format their reporting requires, while the local file stays in Spanish as the procedure demands. Where protective measures include a suspension or a change of role, we confirm payroll treatment so that the measure does not become an unintended pay reduction. The obligations fit within the broader system described in our guide to employment compliance in Peru.

Getting started

For a prevention setup, we start with headcount and the group’s current policy. If a complaint has already been received, contact us immediately: the first deadlines run from the day of receipt.

How we approach it

  1. Set up the system

    We draft the policy, organize the committee or delegate and align the procedure with the group’s speak-up channels.

  2. Train the people involved

    We deliver the onboarding training and the specialized training for HR and committee members.

  3. Support each complaint

    When a complaint is received, we help HR meet each deadline: protective measures, notifications, investigation and decision.

  4. Close and learn

    We document the outcome, check notifications to the authority and propose adjustments to prevent recurrence.

Frequently asked questions

Can our global ethics team run the investigation instead of the local committee?

The group can support it, but Peruvian procedure assigns specific roles to HR and to the intervention committee, with fixed deadlines. The safest structure is one in which the global team assists while the local procedure is followed step by step.

Can we send the complainant on vacation as a protective measure?

No. The regulations state that offering vacation to the victim is not a valid protective measure unless she or he requested it. Measures must protect the complainant without penalizing them.

Does the obligation apply to small entities?

Yes. Entities with fewer than 20 employees appoint a delegate instead of a committee, and some training obligations are lighter for registered micro and small enterprises, but the duty to prevent, investigate and sanction applies to all.