Peru: INDECOPI declares the 30-day deadline to exchange medical breaks an illegal bureaucratic barrier

In brief

In an unprecedented pronouncement, Resolution No. 0011-2025/SEL-INDECOPI, which was issued in a proceeding initiated under our firm's sponsorship, declared the 30-working-day term established by EsSalud to exchange private medical leave for the Certificate of Temporary Incapacity for Work (Certificado de Incapacidad Temporal para el Trabajo (CITT)) to be an illegal bureaucratic barrier. The CITT is an essential document for companies to obtain the reimbursement of the subsidies paid to their workers for incapacity for work and maternity.


Contents

In more detail

The following is a summary of the most important aspects of this pronouncement:

Impact on business reality Currently, the maximum term of 30 working days that EsSalud imposes to initiate the CITT exchange process is illegal. This means that, in practice, there is no maximum time limit for initiating this procedure: EsSalud will not be able to require that the CITT exchange procedure be submitted only within that term, nor will it be able to reject procedures initiated outside of that term.
INDECOPI's reasons The National Institute for the Defense of Free Competition and the Protection of Intellectual Property (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI)) identified that EsSalud has in fact imposed an additional assumption to those established in the law to reject the reimbursement of disability or maternity subsidies, since, if the 30-day term was not complied with, the CITT was not obtained, and subsequently, the reimbursement was not granted. INDECOPI concluded that EsSalud does not have the legal authority to create more cases of denying the reimbursement of subsidies and that this violates the rights of the beneficiaries.
Importance of the resolution For years, companies were losing thousands of soles in unrecovered reimbursements because they could not comply with the deadline — often, for reasons beyond their own control (delays by doctors in issuing the breaks, errors in breaks, etc.). Therefore, this resolution is extremely relevant for all employers in the country, since it solves one of the major problems that frequently arise when recovering workers' subsidies.
Application of the resolution The resolution has general effects, thus benefiting all companies in the same situation. If any official disobeys this decision and demands compliance with the deadline that has been declared a bureaucratic barrier, the affected party may file a complaint before the commission, which may impose fines of up to 20 Tax Units (UITs) on the corresponding official.

 

We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to read the Spanish version.

*****

LOGO_Peru Estudio Echecopar_Lima

© 2025 Estudio Echecopar. All rights reserved. Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Contact Information

Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.