76
74
78
Reasonable Access to Decent Work
60
80
60
50
80
100
80
100
75
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §24 & 118 of the Political Constitution of Peru, 1993; Supreme Decree No. 003-2022-TR |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | No | 0 | §66 of the Productivity and Labour Competitiveness Law No. 728/1997 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §10 of the Legislative Decree No. 854 on Working Time and Overtime | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §03 of the Legislative Decree No. 713 on paid breaks for workers in the private sector | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §08 of the Legislative Decree No. 854 on Working Time and Overtime | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §6-10 of the Legislative Decree No. 854 on Working Time and Overtime 1996; Regulating Legal Decree n° 27671 of 2002 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §1 of the Legislative Decree No. 713 on paid breaks for workers in the private sector | No Change |
| Does the law require paid public holidays? | Yes | 1 | §5-8 of the Legislative Decree No. 713 on paid breaks for workers in the private sector | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §10-23 of the Legislative Decree No. 713 on paid breaks for workers in the private sector | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §4-5 & 72-73 of the Productivity and Labour Competitiveness Law No. 728/1997 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §53-74 of the Productivity and Labour Competitiveness Law No. 728/1997 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §10 of the Productivity and Labour Competitiveness Law No. 728/1997 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §16, 22-24 & 31-32 of the Productivity and Labour Competitiveness Law No. 728/1997 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §34 & 38 of the Productivity and Labour Competitiveness Law No. 728/1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §02 of the Law No. 29409 of 2009 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §01 of the Act No. 27240 of granting Permission for Women to Nurse their Babies, 1999 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | §6 of the Law no. 30709, of December 26, 2017, on Prohibition of Remunerative Discrimination between Men and Women | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §1-3 of the Law No. 26644; §1 of the Act No. 27409; Law no. 30367 of November 24, 2015 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §8-12 of Law No. 26790 of the Modernising Social Security for Health, 1997 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §8-12 of Law No. 26790 of the Modernising Social Security for Health, 1997 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §29(e) of the Law on Productivity & Labour Competitiveness, No. 728/1997; Law No. 30709 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §60-62 of the Occupational Safety and Health Law No. 29783/2011 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §19-27, 49 & Principle IV of the Occupational Safety and Health Law No. 29783/2011 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §1-9 of the Supreme Decree No. 009-2004-TR | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Law on Social Security Modernization of Public Health No. 26790; ISSA Country Profile for Peru | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §1 of the Decree Law No. 25967; ISSA Country Profile for Peru | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §54-59 & 62 of the Decree Law No. 19990; ISSA Country Profile for Peru | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §12 of the Law on Social Security Modernization of Public Health No. 26790; ISSA Country Profile for Peru | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §27 of the Decree Law No. 19990; ISSA Country Profile for Peru | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §24 of the Political Constitution 1993; §6(F) of the Law No. 30709/2017; Law No. 28983/2007 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | Law no. 27942/2003 on anti-harassment; §176B of the Penal Code, 635/1991 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §29 & 03 of the Productivity & Labour Competitiveness Law No. 728/1997; Law No. 26772; Law No. 30709 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Decree Law No. 19990; ISSA Country Profile for Peru | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §17 of the Constitution, 1993; §51-57 of the Code of Children & Adolescents Law, 2000 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §12 & 36 of the General Education Law, 2003; §61 of Supreme Decree No. 011-2012-ED | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §58, Child & Adolescent Code, 2000; §A & B of Supreme Decree No. 003-2010-MIMDES, 2020 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §4 of the Child & Adolescent Code, 2000; §129, 195 of the Penal Code, Legislative Decree No. 635, 2023 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §28 of the Political Constitution 1993; Title II of Supreme Decree 010-2003- TR; §168 of Penal Code, 1991 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §28 of the Political Constitution 1993; § Title III of Supreme Decree 010-2003- TR; Decreto Supremo N° 001-2005-TR | No Change |
| Does the law provide the right to strike? | No | 0 | §28 of the Political Constitution 1993; Title IV, §73b & 83 of Supreme Decree 010-2003-TR | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §28 of the Political Constitution 1993; § Title IV of Supreme Decree 010-2003-TR | No Change |