An employment contract in Peru can be either for an indefinite or fixed term. A fixed-term contract must be in writing and specify the objective reason the parties are contracting for a fixed term, the duration of the contract and other conditions agreed by the parties. The duration of a fixed-term contract cannot exceed five years. Fixed-term contracts must be registered with the Labor Ministry.

Special rules apply to employment contracts with foreign employees.

The national minimum wage in Peru is 1,025 PEN per month.

Full-time employment is 8 hours per day, 48 hours per week.

Overtime

All overtime hours in excess of 48 hours a week are paid at an overtime compensation rate. This rate is stipulated in the employment contract/collective agreements. The first two hours of overtime cannot be compensated with less than 25.00% of the total remuneration of the employee. For every additional hour of overtime, the surcharge cannot be less than 35.00% per hour. Exemptions might apply to managers, supervisors, on-call workers, and non-supervised workers.

Remote Work

The Government of Peru passed legislation on remote work aiming at recognizing teleworking as a valid way of carrying out work. This legislation states that teleworkers and onsite employees must have the same rights and that the employer and employee should agree on the provisions of teleworking in an employment agreement.

Such agreement must be stored in a digital medium and must include information on the teleworking period, frequency (total or partial), the work schedule, applicable digital platforms and technologies, communication and supervision, mechanisms, notice period for the employee to attend in person to employer’s premises and the teleworker domicile.

Unless agreed otherwise between the parties, employers should provide necessary work tools and bear the cost of electricity.

Employers have a duty to ensure the safety and health of their employees at work. Therefore, employers should inform teleworkers of all the risks that may arise from their work duties.

Teleworkers should allow their employer to visit their remote workplace. Teleworker may instead complete a self-examination of their workplace as authorized by the Peruvian Ministry of Labor.

Unless otherwise agreed between the parties, the teleworker must comply with a work schedule.

Employers must respect teleworkers’ right to digitally disconnect after work and their right to privacy of communications. However, teleworkers must be available to their employer during the working day and fully comply with their work obligations.

Prior notice in writing and agreement of the employer and the teleworker is needed if any of them wants to reverse the teleworking arrangement.

In Peru, employees are entitled to 365 days of paid sick leave. The employer compensates the first 20 days of sickness at 100% salary and the remaining 245 days are paid initially by the employer at 70-80% and then the social security reimburses this sum.

Maternity Leave

Female employees are entitled to 98 days of paid maternity leave; 49 days before the birth of the child and 49 days following the delivery. In the event of multiple or complicated births, the leave can be extended by 30 days.

The National Health System (EsSalud) or the Private Health System (Entidades Promotoras de Salud or EPS) compensates maternity leave. To qualify for maternity benefits, the employee must have completed three months of service during the six months before leave.

Mothers also receive 30 days of paid adoption leave following the adoption of a child until the age of 12 years old.

Paternity Leave

The father/partner is entitled to 10 days of paid paternity leave after the child’s birth; the entitlement increases to 20 days of leave in the case of a complicated or premature birth.

Parental Leave

There are no provisions in the law regarding parental leave.

Employees are entitled to paid annual leave of 30 calendar days. At least 15 days must be used within the year and the remaining can cash out. 15 of the 30 days entitlement may be divided into two periods and the remainder is to be taken in at least one-day increments. Domestic workers are entitled to 15 days of paid annual leave.

An employee cannot take annual leave alongside any other leave entitlement such as maternity leave, and sick leave.

There are no provisions in the law regarding additional statutory leave.

The Government decides each year if public holidays falling on weekends are moved to a weekday in lieu.

Date Day Holiday Notes

1 Jan 2024 - Monday - New Year’s Day
28 Mar 2024 - Thursday - Holy Thursday
29 Mar 2024 - Friday - Holy Friday
1 May 2024 - Wednesday - Labor Day
7 Jun 2024 - Friday - Arica’s Battle and The flag Day
29 Jun 2024 - Saturday - Saint Peter and Saint Paul
23 Jul 2024 - Tuesday - Aeroforce day
28 Jul 2024 - Sunday - Independence Day
29 Jul 2024 - Monday - Independence Day Holiday - Day Off in Lieu
30 Aug 2024 - Friday - Saint Rose of Lima
8 Oct 2024 - Tuesday - Battle of Angamos
1 Nov 2024 - Friday - All Saints’ Day
8 Dec 2024 - Sunday - Immaculate Conception
9 Dec 2024 - Monday - Ayacucho’s battle - Holiday only for the public sector
25 Dec 2024 - Wednesday - Christmas Day

Employed individuals are eligible to receive healthcare benefits through Peru’s social security system. The program, called El Seguro Social en Salud (EsSalud), is funded through payroll tax contributions. Private insurance is also available.

The termination process varies according to how the employment agreement and collective agreement are in place and is based on the type of contract and reason for termination. Employees should receive at least six days’ written notice so that they can respond or prove their capability within the company. The employer must provide the written termination to both the employee and the trade union. Employees dismissed without cause are typically entitled to severance pay of up to 12 months.

Notice Period

Employers must give 6 to 30 days’ notice depending on the reason for dismissal. If an employee is resigning, they must provide an employer with at least 30 days’ notice.

Severance Pay

There is no statutory severance entitlement, but an indemnity is payable in the event of unfair dismissal (ie, where the company does not have a prescribed legal ground to dismiss employees).

In the event of unfair dismissal, employees are entitled to receive a legal indemnity in the amount of: 1.5 times their monthly remuneration for each year of service if the employee is on an indefinite employment contract. Periods of time less than 1 year must be paid proportionally 1.5 times their monthly remuneration for each month remaining until the end of the fixed-term contract, if applicable. In both cases, such indemnity may not exceed 12 monthly salaries.

Probation Period

In Peru, probation periods are outlined in the employment contract. Typically, the probational period lasts for three months.

The probationary period may be extended for skilled workers or employees in positions of trust to six months and one year for managerial roles.

Employer Payroll Contributions

10% of minimum wage - Family Allowance (only for workers with children)

9.00% -Health Insurance (National Health System (EsSalud)/ Private Health System (Entidades Promotoras de Salud or EPS)

9.72% -The Peru Working Compensation or Compensation for Length of Service (CTS).

Variable -mandatory Life insurance

18.72% -28.72% - Total Employment Cost

*The CTS is mandatory only for the private sector and has specific minimum eligibility for workers who have worked at least one month (30 calendar days) in the service of the same employer, work a minimum daily average of 4 hours, and applies to an appropriate company size (20+ workers).

Employee Payroll Contributions
12.50% to 13.00% - Pension Fund (13% for employees affiliated with the National Pension System or circa12.5% for employees affiliated with the Private Pension System)

12.50% to 13.00% - Total Employee Cost

Employee Income Tax

1 Tax Unit (UIT) = 5,150 PEN

8.00% - Up to 5 UIT

14.00% -From 5 UIT to 20 UIT

17.00% -From 20 UIT to 35 UIT

20.00% -From 35 UIT to 45 UIT

30.00% -More than 45 UIT

Payroll Cycle

Employees are paid monthly.

13th Salary

13th-month and 14th-month payments are mandatory in Peru. The employer must pay an additional month’s salary twice a year, once at the end of July around Peru’s Independence Day and the other at the end of the year during Christmas.

Authority Payment Paid To Due Date Method

ONP – Pension fund (Public) - SUNAT - It is variable depending on the last digit of the TAX ID of the Company. I send the 2020 schedule so you can see it. "– CHARGE TO THE COMPANY’S BANK ACCOUNT– CASH– ECHECK"

RENTA 5TA CATEGORÍA (Income Tax) - SUNAT - It is variable depending on the last digit of the TAX ID of the Company. I send the 2020 schedule so you can see it. "– CHARGE TO THE COMPANY’S BANK ACCOUNT – CASH– ECHECK"

ESSALUD (National Insurance) - SUNAT - It is variable depending on the last digit of the TAX ID of the Company. I send the 2020 schedule so you can see it. "– CHARGE TO THE COMPANY’S BANK ACCOUNT – CASH – ECHECK"

AFP – Pension fund (Private) -The maximum term of presentation and payment is until the fifth (05) business day of each month. "– CHARGE TO THE COMPANY’S BANK ACCOUNT – CASH– ECHECK"

A foreigner wishing to work in Peru must complete the new TUPA (Texto Unico de Procedimientos Administrativos; Single Text of Administrative Procedures) process.Applying for a Peruvian resident work visa requires the following:

• Interpol clearance – Ficha de canje internacional

• Receipt for the paid application fee

• Receipt for the paid application fee for changing to a resident visa

• Passport

• Legally signed and by Labour Ministry approved work contract with a duration of at least 12 months

• Police clearance certificate, criminal record, and judicial matters check issued in the country of origin and if the applicant lived in another country before coming to Peru, in the land of residence covering the last five years *

• SUNAT registration including RUC (Peruvian tax number) showing the employing company is active

• Company registration of the employing company showing the legal representative

• Sworn statement of the legal representative of the company declaring that he oversees hiring personnel and why he needs to employ a foreigner

*For the past years, a sworn statement stating that the foreigner has a clean criminal record and no previous convictions was enough to satisfy Migraciones. However, the new Tupa and Supreme Decree now state that a police clearance certificate, criminal record, and judicial matters check issued in the country of origin and if the applicant lived in another country before coming to Peru, in the country of residence covering the last five years is required. “Antecedentes Policiales, Penales y Judiciales.”Once this is complete, the foreigner will receive confirmation that your work visa is approved, payment has been made and the person is now registered in the foreigner database and issued the carné.

The standard rate of VAT in Peru is 18%.