74
78
Reasonable Access to
Decent Work
40
80
60
50
80
100
80
100
75
75
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §24 & 118 of the Political Constitution of Peru, 1993; Supreme Decree No. 003-2022-TR |
| Does the law require regular payment of wages? | No | 0 | §66 of the Productivity and Labour Competitiveness Law No. 728/1997 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §10 of the Legislative Decree No. 854 on Working Time and Overtime |
| Does the law require 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 |
| Does the law require additional compensation for night work? | Yes | 1 | §08 of the Legislative Decree No. 854 on Working Time and Overtime |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | No applicable legal provisions could be located |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §1 of the Legislative Decree No. 713 on paid breaks for workers in the private sector |
| 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §4-5 & 72-73 of the Productivity and Labour Competitiveness Law No. 728/1997 |
| 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 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §10 of the Productivity and Labour Competitiveness Law No. 728/1997 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §16, 22-24 & 31-32 of the Productivity and Labour Competitiveness Law No. 728/1997 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §34 & 38 of the Productivity and Labour Competitiveness Law No. 728/1997 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | §02 of the Law No. 29409 of 2009 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits 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 |
| Does the law require paid 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 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §8-12 of Law No. 26790 of the Modernising Social Security for Health, 1997 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §8-12 of Law No. 26790 of the Modernising Social Security for Health, 1997 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §60-62 of the Occupational Safety and Health Law No. 29783/2011 |
| Does the law require the employer 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 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | Law on Social Security Modernization of Public Health No. 26790; ISSA Country Profile for Peru |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §1 of the Decree Law No. 25967; ISSA Country Profile for Peru |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §54-59 & 62 of the Decree Law No. 19990; ISSA Country Profile for Peru |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §12 of the Law on Social Security Modernization of Public Health No. 26790; ISSA Country Profile for Peru |
| Does the law provide for invalidity benefit? | Yes | 1 | §27 of the Decree Law No. 19990; ISSA Country Profile for Peru |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration 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 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | Law no. 27942/2003 on anti-harassment; §176B of the Penal Code, 635/1991 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | No restrictive legal provisions could be located |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Decree Law No. 19990; ISSA Country Profile for Peru |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §17 of the Constitution, 1993; §51-57 of the Code of Children & Adolescents Law, 2000 |
| 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 |
| Does the law prohibit the employment of children 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 |
| Does the law prohibit forced labour? | Yes | 1 | §4 of the Child & Adolescent Code, 2000; §128, 129, 153, 168, & 182 of the Penal Code, 2016 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for the right to strike? | No | 0 | §28 of the Political Constitution 1993; Title IV & §73b of Supreme Decree 010-2003-TR |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §28 of the Political Constitution 1993; § Title IV of Supreme Decree 010-2003-TR |
