Transformación Digital: la Notificación Electrónica en el Procedimiento Administrativo Sancionador de la Inspección del Trabajo

The administrative sanctioning procedure in labor inspection underwent significant progress with the implementation of electronic notifications. This modernization process began with Legislative Decree No. 1452 in 2018, which amended the General Administrative Procedure Law, establishing the foundation for electronic notifications in administrative procedures. The evolution of this system took a significant step forward with Supreme Decree No. 003-2020-TR, which mandated the use of an electronic mailbox for notifications issued by the National Superintendence of Labor Inspection (SUNAFIL), the governing body of the labor inspection system. This implementation sparked significant debates within the Labor Inspection Tribunal, which initially deemed notifications valid upon mere deposit in the electronic mailbox. However, it later revised its stance to require the sending of alerts as a validity condition, aiming to ensure that notifications are effectively acknowledged by the recipients. A key milestone in this transformation was the enactment of Law No. 31736 in 2023, which established a new regulatory framework for administrative notifications via electronic mailboxes. This law raised validity standards by mandating the obligatory sending of alerts to both the recipient's email and mobile phone, along with the implementation of a receipt acknowledgment system. The implementation of this digital system has brought significant benefits, such as a substantial reduction in notification times, optimized public resources by eliminating mailing and paper costs, improved traceability of administrative communications, and greater accessibility from any location. However, it has also highlighted significant challenges, mainly related to the digital divide affecting vulnerable sectors of the population, such as the elderly and residents of rural areas.