Peru

In Peru, the termination of employment is governed by several sources, primarily the Peruvian Constitution, The Productivity and Competitiveness Labor Law (LPCL), and Supreme Decrees.

Grounds for Dismissal

Employers can terminate employment based on conduct-related causes, capacity-related causes, and objective causes. Conduct-related causes include repeated tardiness or absences, serious misconduct, willful reduction of work output, and intoxication or drug use at work. Capacity-related causes include a decline in performance or inability to adapt to technical or structural changes within a reasonable period. Objective causes include economic, technological, restructuring reasons, or force majeure.

Notice Requirements

For conduct-related causes, the employer must issue a written notice stating the grounds for dismissal at the time of termination. For capacity-related causes, the employer must give a written explanation and allow the employee 30 calendar days to improve their performance or address the capacity issues before ending employment.

Severance Pay

In cases of dismissal without cause or due to force majeure, the employee is entitled to severance. This is calculated at a rate of one and a half month's pay for each full year of service, capped at the equivalent of twelve months' pay. If a labor court deems a dismissal unfair, employees may be entitled to reinstatement or additional compensation beyond standard severance.

Additional Notes

Employers must have clear, documented evidence to support any termination, especially for capacity-related reasons. In cases of collective redundancies, employers must seek authorization from the Ministry of Labor. Employees who feel their termination was unfair can file a claim in a labor court.

Peruvian law extends broad protections against discrimination based on various characteristics. These include origin, race, or ethnicity, with the law strictly prohibiting discrimination against individuals of Indigenous groups, Afro-Peruvian communities, and other racial or ethnic minorities. Discrimination on the grounds of sex or gender is also prohibited.

While discrimination based on sexual orientation and gender identity is still a problem, individuals can file legal claims of discrimination grounded on these factors. Discrimination against persons with disabilities is prohibited, and the law mandates inclusion and accessibility. Other protected characteristics include language, religion, opinion, and economic condition.

Redress Mechanisms

Peru has numerous mechanisms in place to address discrimination. Discrimination based on race or ethnicity is a criminal offense, and victims can file criminal complaints, facing prison time and fines. Individuals affected by other forms of discrimination can pursue civil claims.

The National Human Rights Ombudsman (La Defensoría del Pueblo) provides assistance to victims of discrimination, investigates complaints, and can mediate resolutions. The Ministry of Labor and Employment Promotion (Ministerio de Trabajo y Promoción del Empleo) handles workplace discrimination complaints.

Employer Responsibilities

Employers in Peru hold significant responsibilities in preventing and addressing discrimination. Law No. 30709 prohibits wage discrimination between men and women and requires companies to maintain job category charts for equitable pay. Employers must avoid discrimination in the hiring process, including discriminatory job postings and interview questions.

Employers must also have clear policies and mechanisms in place against harassment on any discriminatory grounds. Companies should provide training and promote awareness of anti-discrimination laws. It's important to note that Peruvian law prohibits both direct and indirect discrimination. Employers need to be vigilant of seemingly neutral practices that might disproportionately disadvantage certain groups.

In Peru, legal standards have been established to regulate the working conditions for employees. These standards encompass limitations on work hours, mandated rest periods, and some baseline ergonomic requirements.

Work Hours

The standard workweek in Peru is 48 hours, distributed over a maximum of six days. Overtime work is permitted, with additional compensation required. The first two hours receive a 1.25 times pay increase, and subsequent hours rise to 1.35 times the regular pay rate. Daily working hours cannot exceed 10 hours, with exceptions outlined in specific regulations.

Rest Periods

Workers are entitled to a minimum rest period of 30 minutes after a maximum of six hours of continuous work. All employees must receive at least one full day of rest per week, typically on Sundays.

Ergonomic Requirements

Peruvian legislation outlines some general ergonomic principles for workplaces, but the specifics are not extensively defined. The focus falls on employers' responsibility to provide a safe work environment.

These are general guidelines, and exceptions or specific requirements may apply to certain professions or industries. For a more comprehensive understanding of regulations pertaining to a specific situation, consulting with the Peruvian Ministry of Labor or a qualified legal professional is recommended.

Peru has a strong framework of health and safety regulations that prioritize the well-being of workers. Both employers and employees need to understand these regulations.

Employer Obligations

Employers in Peru have a significant responsibility to ensure a safe and healthy work environment. Their key obligations include:

• Risk Prevention: Employers must proactively identify and mitigate potential workplace hazards. This includes developing annual occupational health and safety programs outlining preventive measures.
• Training and Information: Workers must receive proper training on safety procedures and potential risks associated with their jobs.
• Personal Protective Equipment (PPE): Employers are required to provide and maintain appropriate PPE for workers exposed to specific hazards.
• Medical Examinations: Regular medical examinations, typically every two years, are mandatory for employees. The frequency may increase for high-risk jobs.
• Internal Regulations: Companies with over 20 employees must establish and distribute an internal health and safety regulation outlining workplace safety protocols.
• Safety Committees: Workplaces exceeding 20 employees require a joint employer-worker health and safety committee to address safety concerns and promote a culture of prevention.

These obligations are outlined in Peru's principal legislation on occupational safety and health, Supreme Decree No. 005-2012, established under Law No. 29783 (Ley de Seguridad y Salud en el Trabajo).

Employee Rights

Employees also have a role to play in workplace safety and health:

• Right to a Safe Workplace: Employees have the fundamental right to work in a safe and healthy environment free from unreasonable risks.
• Participation: Workers have the right to participate in safety discussions and raise concerns about potential hazards.
• Refusal of Unsafe Work: Employees can refuse to perform tasks they believe pose a serious threat to their health or safety. However, proper procedures for refusal must be followed.

Understanding these rights empowers employees to actively contribute to a safe work environment.

Enforcement Agencies

The Peruvian Ministry of Labor (Ministerio de Trabajo y Promoción del Empleo) is the primary agency responsible for enforcing occupational safety and health regulations. They conduct workplace inspections and have the authority to impose sanctions on employers found to be non-compliant.

In 2019, Peru further strengthened enforcement measures through Urgency Decree No. 044-2019. This decree increased penalties for safety violations, including potential criminal liability for employers in cases of serious injury or death resulting from deliberate non-compliance.