Peru's labor law requires employers to give employees written notice of at least 6 calendar days in cases of dismissal due to conduct and a notice period of 30 calendar days for cases of dismissal due to lack of employee capacity. The employer notification letter must specify the cause of dismissal and the date of the effective termination.
Employees need to provide 30 days' notice if they terminate their contract.
Foreign nationals who wish to work in Peru under an employment contract must obtain a residence permit. The Ministry of Labor will grant a work permit after approving the employment contract. This type of permit is valid for 1 year and can be extended for the same duration. The following list includes some important documents that must be submitted to obtain the work permit:
Employers should also consider that any information presented in a foreign language should be translated to Spanish. The required documents have specific validity periods, with some needing to be no older than 3 or 6 months.
According to Peru's labor laws, to be eligible for annual leave, employees must complete 1 year of service with the employer. Employees who work for 6 days a week must have worked for at least 260 days in a year, and employees who work for five days in a week must have worked for at least 210 days in a year.
Employees are entitled to at least 30 calendar days of paid annual leave. Employers should note that the 30 calendar days include weekly rest days, public holidays, and other non-working days. The annual leave can be reduced from 30 to 15 days by providing compensation for the 15 days.
The employee is to be paid their regular compensation for the leave period. Annual leave compensation is to be paid before the start of the employee's annual leave.
Peru's labor law stipulates the standard workweek is 48 hours and that daily working hours cannot exceed 8 hours. Employers are authorized to establish ordinary working days in agreement with the trade union. Missed work due to a holiday can be compensated with additional hours during the following week or at another mutually agreed upon time.
Adolescents aged 14 may work up to 4 hours per day and 24 hours per week, while those aged 15 to 17 are limited to 6 hours per day and 36 hours per week.
Adolescents under 18 are prohibited from working between the hours of 7:00 PM and 7:00 AM.
In Peru, pregnant employees are entitled to 49 days of paid leave before delivery and 49 days after delivery. For multiple births or births with a disability, the maternity leave is extended by 30 calendar days. If the delivery occurs before the expected date, the remaining days are added to the postnatal rest. Qualified insured employees receive 100% of their average daily earnings over the last 12 months, up to a maximum earnings level, for all 98 days. If contributions were made for less than 12 months, the average will be determined based on when contributions began. The benefit is extended for multiple births or the birth of a child with a disability.
To qualify for maternity benefits from the state social insurance fund, mothers must have at least 3 consecutive months of contributions or at least 4 months of contributions in the 6 months before the month in which their benefits begin. Agricultural workers must have at least 3 consecutive months of contributions or at least 4 months of contributions in the 12 months before becoming pregnant. Also, they must have contributed during the month in which the child is born.
Employers are prohibited from terminating a pregnant employee during the pregnancy or within 90 days from the end of maternity leave.
Effective January 1, 2025, the government raised Peru's minimum wage to PEN 1,130 (Peruvian soles) per month. Employees must be paid at least once a month.
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