LRI 2022 Peru - CLR

Peru

2022 Score

74

Score Decrease

2020 Score

78

Rating

Reasonable Access to
Decent Work

Fair
Wages

40

Decent
Working Hours

80

Employment
Security

60

Family
Responsibilities

50

Maternity
at Work

80

Safe
Work

100

Social
Security

80

Fair
Treatment

100

Child &
Forced Labour

75

Trade
Union

75

Fair Wages

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

Decent Working Hours

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

Employment Security

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

Family Responsibilities

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

Maternity at Work

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

Safe Work

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

Social Security

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

Fair Treatment

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

Child & Forced Labour

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

Trade Union

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