In Peru, the labor law sets a framework for fair working hours. The maximum legal workday is eight hours per day, which translates to a maximum of 48 hours per week.
When it comes to minors, children between the ages of 12 and 14 years old can only work a maximum of four hours per day and 20 hours per week. These regulations ensure that the working hours are kept within reasonable limits to protect the rights and health of workers.
Peruvian labor law provides a framework for overtime compensation. Any work that exceeds the standard eight hours per day or 48 hours per week is considered as overtime. Employers are obligated to compensate employees for this overtime work. The specific regulations regarding overtime pay are outlined in the Labor Code.
Peruvian labor law guarantees rest periods and breaks for workers to ensure their well-being and productivity. Here's a breakdown of these entitlements:
Daily Breaks
- If an employee works a continuous schedule, they are entitled to a minimum uninterrupted break of at least 45 minutes for lunch. This break is not considered working time unless otherwise stipulated in a collective agreement.
Weekly Rest
- All workers are entitled to a minimum of 24 consecutive hours of paid weekly rest. This rest period should ideally fall on Sunday, but depending on the nature of the business, it can be another day of the week.
- Through a collective agreement, employees can accumulate their weekly rest for up to two consecutive weeks.
Additional Considerations
- For employees working continuous shifts exceeding 24 hours, the minimum break is reduced to 30 minutes.
Peruvian labor law provides specific regulations for night shifts and weekend work to ensure fair treatment and compensation for employees.
Regarding night shift work, which is typically between 10 PM and 6 AM, there are several key points to note:
- Workers on night shifts are entitled to a 35% wage surcharge on top of their regular salary.
- Night shift workers cannot be paid less than the minimum wage established by the Peruvian government, as stated in Article 265 of the Labour Code.
- Employers are encouraged to implement a rotational system for assigning night shifts whenever possible, as per Article 265 of the Labour Code. This is to distribute the burden and potential health impacts associated with night work.
As for weekend work, there are also important regulations:
- Peruvian employees have the right to at least 24 consecutive hours of rest per week, which typically falls on Sundays, although this is not mandated.
- Work performed on the weekly rest day is considered overtime and must be compensated accordingly. The specific overtime pay rate needs to be agreed upon between the employer and employee.