Company's written defence (descargos) in a Sunafil sanction proceeding

We draft your company's written defence (descargos) in a Sunafil sanction proceeding, from your facts and evidence, citing Law 28806 and its Regulation. This is not legal advice or representation.

This is not legal advice or representation. We draft your company's defence from the facts and evidence you enter, to file with Sunafil within the sanction proceeding. The letter quotes Articles 16 and 45 of Law 28806 and Articles 17.3 and 53 of its Regulation (D.S. 019-2006-TR) word for word. Watch the deadline: Law 28806 (Article 45) gives fifteen business days to file a defence after the infraction record (acta de infracción) is served, while the Regulation (Article 53) gives no more than five business days from service of the statement of charges (imputación de cargos), and another five from service of the final investigation report. We found no rule explaining how the two periods fit together: the prudent course is to act within the shorter one and read the deadline stated on the notice. This letter cannot be used to appeal a fine decision or to go to court. If you give the company size, the severity and the affected workers, the letter cites the figure from the Article 48 table of the Regulation (try it first in the Sunafil fine calculator). Read more in Sunafil inspections: records and defences.
Copy it exactly as it appears on the notice.
The one named on the notice, for example the relevant Sunafil regional office. If you leave it empty, the letter uses the generic name the regulation gives.
Copy them from the notice: the Regulation item number, the description and the workers covered.
Concrete, checkable facts, one per infraction if you can. Name the document that proves each one.
One per line: pay slips, payroll, proof of payment, attendance records, T-Registro screenshots, etc.
Micro or small enterprise only if registered with REMYPE. The table is the one in Article 48 of the Regulation (text of D.S. 008-2020-TR).
The one stated on the notice for the main infraction. If there are several with different severities, explain it in your defence.

It is a draft that you review and file yourself. It is not legal advice or representation. Delivering it is free and you do not need a lawyer; what you pay for is the drafting.

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