Littler Global Guide - Peru - Q2 2021

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q2 2021 Global Guide Quarterly updates   Download full Q2 2021 Global Guide Quarterly

Modification to the Labor Productivity and Competitiveness Law

New Legislation Enacted

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

Amending article 29 of the Labor Productivity and Competitiveness Law, the newly enacted Act 31152 protects against dismissal female employees who are pregnant, or in their period of giving birth, lactation or nursing if these employees are providing services under the part-time regime or are at their trial period with the employer. That the dismissal will be void if it occurs during the trial period represents a significant exception since the general rule is that employees do not acquire protection against unlawful dismissals during the trial period. The new law entered into effect on April 2, 2021.

Authorization for Withdrawal of CTS Funds

New Legislation Enacted

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

On April 23, 2021, Act 31171 became law, authorizing the withdrawal of the compensation for time of service (CTS). CTS is a benefit employees receive twice a year, in the amount of half a remuneration, which is deposited in a bank account that employees can access only upon the termination of the employment relationship. The possibility of withdrawal is meant to cover economic needs caused by the pandemic and allows the free disposition of one hundred percent of the deposits. The benefit is available until December 31, 2021.

Authorization for the Withdrawal of Pension Funds

New Legislation Enacted

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

On May 7, 2021, Act 31192 was issued, allowing affiliates to a Private Pension Entity to withdraw up to a total of PEN 17,600 from their pension funds. Affiliates can access this benefit only once and if they do not meet the requirements to access the Early Retirement Scheme for Unemployment.

Extension of Remote Work Scheme

New Legislation Enacted

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

Emergency Decree 055-2021, published on June 24, established extraordinary and complementary measures to promote growth in the economy and further extended the authorization for Remote Work until December 31, 2021.

Amendments to the Safety and Health at Work Act

New Legislation Enacted

Author: César Gonzáles Hunt, Partner – Philippi Prietocarrizosa Ferrero DU & Uría

On June 26, 2021, Act 31246 became law, in part amending the Safety and Health at Work Law. The amendments guarantee the health of employees before an epidemiological and sanitary risk, and focus on the obligation to perform medical examinations and deliver personal protection equipment.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.