Is a Sunafil complaint anonymous?
No, it is confidential, which is different. You must identify yourself with your DNI or carné de extranjería, but the law requires Sunafil to keep secret both that a complaint exists and who filed it. The employer should not learn it was you, unless the inspection cannot proceed otherwise and you agree to lift the reserve.
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Peruvian State portal (gob.pe)
Checked 1 Oct 2026Next review 15 Jan 2027
Ley 28806 was read in the consolidated SPIJ text published on gob.pe. Confidentiality is item 9 of article 2 (governing principles) and the reserve over the existence of the complaint and the complainant's identity is in article 13.
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The situations in which Sunafil asks a worker to lift that reserve (hostility, accidents, discrimination, ended employment) describe inspection practice and are not written as a list in the statute.
What the statute says
Article 2 of Ley 28806 lists the principles that govern labour inspection in Peru. One of them is confidentiality: the inspectorate must keep «la debida reserva sobre la existencia de una denuncia y la identidad del denunciante».
Two things are protected: that a complaint was made, and who made it. The employer receives an inspection order. It does not receive your name.
Anonymous and confidential are not the same
- Anonymous would mean nobody, not even Sunafil, knows who is complaining. That does not exist here: the portal requires a DNI or carné de extranjería, an email and a phone, and without them the complaint is not admitted.
- Confidential means Sunafil does know who you are but is legally bound not to say.
Sunafil’s own communications sometimes say «denuncia anónima». What they mean is the second. We spell it out because the difference changes how you should write the complaint.
When the reserve is not enough
Some facts cannot be investigated without revealing who suffered them. If you report that there is no attendance register or that nobody received CTS, the inspector checks the whole payroll and you vanish among everyone. But if you report:
- hostility or harassment against you,
- a workplace accident that happened to you,
- an individual act of discrimination,
- breaches in an employment that has already ended,
the inspector has to name you to request your file, your payslips or your contract. In those cases Sunafil may ask you to authorise lifting the reserve. It is your decision. If you say no, that point may remain uninvestigated.
That list describes how inspections work in practice. The statute does not write it as a list; we say so rather than invent an article.
How to write the complaint to protect yourself
- Describe the breach as a fact about the company, not a personal grievance: «night-shift workers do not receive the night surcharge», not «I am not being paid».
- Provide evidence that does not point at you: photos of the workplace, posted schedules, internal notices.
- If you are the only person in your role, assume the reserve will be hard to keep and decide beforehand whether you still want to file.
If the employer finds out anyway
A change in treatment after you file is a new fact: you can put it in a fresh complaint and, if it ends in dismissal, it weighs in a court claim. We do not tell you there is a specific retaliation infraction because we did not read that text. Document everything from day one.
How to file
- File with your real detailsThe portal does not accept unidentified complaints. Use your DNI or carné de extranjería, an email you check and your phone. Those details stay with Sunafil, not with the employer.
- Describe facts that affect several workers, where that is trueIf the breach covers the whole payroll (no attendance register, no CTS, no bonus), the inspector can verify it without pointing at you. The more general the fact, the easier your identity is to protect.
- Decide calmly whether to lift the reserveSunafil may ask when the fact concerns only you: hostility, an accident, discrimination, or a job that already ended. Ask what happens if you say no before answering.
- Document any retaliationShift changes, stripped duties, threats, dismissal. Date, time, who, how. It is the basis of a second complaint and of a lawsuit.
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What people fail to ask in time
You complained, and weeks later you are let go. Do you know what you can claim, and when the clock starts?
Find out before it matters →What most people believe — and what the law says
I can file without giving my name.
No. The portal requires your DNI or carné de extranjería, an email and a phone number. Without them the complaint is not admitted. Anonymous does not exist; confidential does.
If Sunafil knows who I am, the employer will too.
The law requires the inspectorate to keep secret both the existence of the complaint and your identity. The employer receives an inspection order, not your name.
Sunafil calls it an «anonymous complaint», so it is anonymous.
That is institutional shorthand. The statute's word is «reserva». You identify yourself; Sunafil stays silent.
If they ask me to lift the reserve, I have to.
No. They ask when the inspection cannot move without naming you. You can refuse; the cost is that that point may go uninvestigated.
If the company finds out I complained, nothing happens.
Any change in treatment after you file is a new fact you can report and use in a lawsuit. Keep evidence from day one.
Frequently asked questions
What personal details will I need to give to file a complaint with Sunafil?
The portal asks for your DNI or carné de extranjería, an email you actually check, and your phone number. Without those details the complaint isn't admitted; that information stays with Sunafil and isn't handed to the employer.
What kinds of complaints are hardest to keep confidential?
Ones that only concern you, like hostility or harassment, a workplace accident that happened to you, an individual act of discrimination, or breaches from an employment that has already ended: to investigate those, the inspector needs to name you to request your file or payslips. By contrast, if you report something affecting the whole payroll, like a missing attendance register, the inspector can check it without pointing at you.
How should I word my complaint to make it harder to identify me?
Describe the breach as a fact about the company rather than a personal grievance — for example, «night-shift workers don't receive the night surcharge» instead of «I'm not being paid» — and provide evidence that doesn't point at you, like photos of the workplace or posted schedules. If you're the only person in your role, the reserve will be hard to keep.
What does it mean that the complainant 'will not be considered an interested party' in the process?
It's a line from the regulation (DS 019-2006-TR, article 8.3) that defines your position inside the inspection: you aren't a formal party to the administrative procedure, just the person who set the complaint in motion. This is part of how your identity is shielded from the employer, though it doesn't remove your right to be told the outcome.
The exact law
Ley N.º 28806Article 2, item 9, and article 13read
General Labour Inspection Act — confidentiality principle and reserve over the complaint and the complainant
«se respeta el deber de confidencialidad, manteniendo la debida reserva sobre la existencia de una denuncia y la identidad del denunciante»
Decreto Supremo N.º 019-2006-TRArticle 8.3read
Regulation of the General Labour Inspection Act — position of the complainant
«el denunciante no tendrá la consideración de interesado»
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order