Hire in Peru

Hire in Peru

Begin your journey into human resources best practices and hiring in Peru right here.

Peruvian Currency

Peruvian Sol (PEN)

The Capital of Peru

Lima

Time Zone in Peru

GMT-5

Important Facts About the Country of Peru

Introduction to Peru

Peru, a sovereign nation in Latin America (LATAM), operates as a representative democratic republic and is comprised of 25 regions. Renowned for its economic strength, Peru boasts an impressive average annual GDP growth rate of 5.9%. It aligns with The Pacific Pumas, a collective of nations along LATAM’s Pacific coast characterized by robust growth, stable macroeconomic structures, enhanced governance, and a commitment to global trade integration.

What to Know about Peru’s Geography

To the north, Peru shares borders with Ecuador and Colombia, while Brazil lies to its east, and Bolivia to the southeast. Its southern boundaries are marked by Chile, and the Pacific Ocean surrounds it to the south and west. Ranking as the third largest nation in South America, Peru spans 1.28 million square kilometers.

Climate in Peru

Although primarily tropical, Peru’s geography yields a remarkable array of climates. While its northern reaches nearly intersect with the Equator, the nation experiences diverse weather patterns due to a blend of tropical latitude, mountainous terrain, topographical nuances, and the influence of two significant ocean currents, the Humboldt and El Niño.

The Culture of Peru

The foundation of Peruvian culture stems from a blend of Amerindian and European traditions, notably shaped by Spanish colonial dominance from the mid-16th century until 1824. Additionally, the cultural landscape has been enriched by influences from diverse Asian and African ethnic groups.

Religions Observed in Per

For centuries, Roman Catholicism has held sway as the dominant faith in Peru and remains its official religion, with 76% of the population adhering to this faith. Furthermore, 14.1% identify as Evangelical, 4.8% as Protestant, Jewish, Latter-day Saints, or Jehovah’s Witnesses, while 5.1% classify themselves as non-religious.

Languages Spoken in Peru

The official language of Peru is Spanish, spoken by around 84% of the population. Additionally, a notable portion of Peruvians communicate in Quechua languages, Aymara, or other indigenous languages.

Peruvian Human Resources at a Glance

Employment Law Protections in Peru

Peruvian laws safeguard the rights of the country’s workforce, which comprises 16.1 million individuals. These protections are delineated in the 1993 Constitution, the 2002 labor code ratification, and various international labor agreements to which Peru is a party.

Employment Contracts in Peru

Peru’s labor laws outline regulations for various types of employment contracts:

1. Indefinite-term employment contract: As per Article 4 of Supreme Decree No. 003-97-TR, an employment relationship with no fixed duration is presumed when services are provided in exchange for compensation. In this subordinated relationship, the employer is the party receiving services. While not mandatory, it’s common for parties to formalize roles and responsibilities in writing.

2. Fixed-term employment contract: This contract, intended for a specified duration, must be documented in writing. It can last up to five years, within the maximum terms set for different types of fixed-term contracts. However, this type of agreement should be the exception rather than the rule. The contract should specify:

  • Duration and objective
  • Reasons for the fixed term, such as replacement or emergency
  • Job specifications
  • Whether it’s seasonal work

3. Part-time employment contract: If an employee works less than four hours per day or 24 hours per week, the terms must be documented in writing. Without a written agreement, the arrangement defaults to an indefinite-term, full-time contract.

Peru's Contract Terms

The employment relationship is governed by the law, which implies several terms including:

  • Working hours
  • Social benefits
  • Trial period
  • Health and safety obligations at work
  • Data protection obligations
  • Collective Agreements

Employees may enjoy rights outlined in collective agreements, which can originate from either a majority union (affecting all employees) or a minority union (benefitting only union members).

Employers generally have the right to verify candidates’ educational background and previous employment history. Additionally, they may conduct reviews such as:

  • Financial checks for positions involving monetary transactions
  • Substance abuse checks (if relevant to job safety)
  • Criminal record checks following the initial interview
Pre-Employment Checks

Pre-employment checks are not obligatory, except for roles deemed high-risk, such as those in the mining sector. In such cases, employers are required to conduct occupational medical assessments on prospective candidates.

Peru's Guidelines Regarding Probation Period/Trial Period

Regular staff members undergo a three-month probation period, which can be extended for an additional three months if needed. However, for employees holding managerial roles, the probation period may range from six to twelve months.

Regulations and Rules Regarding Working Hours in Peru

Employees are permitted to work a maximum of six days per week, with either eight hours per day or a total of 48 hours per week. Additionally, employees are entitled to a minimum lunch break of 45 minutes.

Peruvian Laws Regarding Overtime

Employers must compensate employees for overtime as follows:
For the first two hours of overtime, no less than 25% of the total remuneration must be paid.
Beyond the initial two hours, each additional hour incurs a surcharge of not less than 35% per hour.
The specific amount agreed upon for overtime compensation can be negotiated between the employer and the employee, provided it meets or exceeds the aforementioned minimum requirements.

Profit-Share

Companies employing more than 20 individuals are required to distribute their annual pre-tax profits to employees, subject to the following regulations:

  • Telecommunications, manufacturing, and mining enterprises must allocate 10% of their pre-tax profits.
  • Wholesale establishments, retail stores, restaurants, and additional mining firms are obligated to distribute 8% of their pre-tax profits.
  • Other businesses are mandated to share 5% of their profits.

The profits disbursed to employees are considered deductible tax expenses.

Rules Regarding Bonus and 13th Month Pay in Peru

Employees are entitled to receive two bonuses annually, one for Independence Day in July and the other for Christmas.

Termination

Employees are not required to be consulted regarding redundancies, but consultation is mandatory before business transfers take place.

Termination of employment must be justified, and arbitrary dismissal is prohibited. Following the probation period, termination can only occur for fair and objective reasons, such as:

  • Completion of tasks or services
  • Mutual agreement
  • Permanent total disability of the worker
  • Unforeseen events like natural disasters or employer bankruptcy

Employers must provide written reasons for dismissal and grant at least six calendar days for the employee to respond. This notice period can be extended, except in cases of serious offenses. During this period, the employer may relieve the employee of duties in writing but must still provide compensation and benefits.

Employees cannot be dismissed for reasons including union membership, filing complaints against the employer, or within 90 days of childbirth. Failure to comply with safety regulations or wage payments may result in employees taking legal action for constructive discharge.

Peru's Requirements Regarding Notice Periods

Notice periods for dismissals based on fair reasons are outlined as follows:

  • Dismissal due to lack of capabilities: 30 calendar days.
  • Dismissal for major faults or misconduct: six calendar days.
Redundancy/Severance Pay in Peru

If an employee’s termination arises from their personal conduct or capacity, the employer is not obligated to provide severance pay.

In cases where termination is without cause, the severance payment is calculated as the average monthly compensation for each year of the employee’s service, up to a maximum of 12 months.

Post-Termination Restraints / Restrictive Covenants

While under an employment contract, employees are prohibited from engaging in competition with the employer within its line of business.

Following termination of the employment contract, there are no specific regulations barring the employee from competing. However, a post-contractual non-compete clause may be included, which must have a specified duration. Additionally, compensation must be provided to the employee.

Fixed Term Contacts for Peruvian Employees

Fixed-term contracts must be documented in writing and can be utilized for a maximum period of five years.

Employers must register fixed-term contracts with Peru’s Labor Ministry.

Fixed-term contracts encompass diverse types and subcategories, including those tailored for temporary projects, evolving market demands, and entrepreneurial reorganization agreements.

Tax and Social Security Information for Employers in Peru

Personal Income Tax in Peru

Peru’s tax year aligns with the calendar year, and income taxes must be declared within three months following the end of the tax year. The SUNAT (Superintendencia Nacional de Administración Tributaria) oversees the collection of income tax in Peru.

As of 2024, a Tax Unit (UIT: Unidad Impositiva Tributaria), used as a reference unit for tax computation and penalties, equals 5,150 Peruvian soles (PEN). The initial seven tax units are exempt from taxes.

Tax Units Tax Rate %
Up to 5 8.0
5 to 20 14.0
20 to 35 17.0
35 to 45 20.0
>45 30.0

Social Security in Peru

Peruvian employment laws grant every employee the entitlement to participate in either the National Pension Scheme or the Private Pension System. The standard contribution rate for both systems is 13%, typically covered by the employer and deducted directly from the employee’s salary for deposit into the scheme.

Employee Contributions:

  • 13%: National Pension Fund
  • Employees also have the option to select a private pension fund.

Employer Contributions:

  • Health Insurance (public or private): 9%
  • Unemployment Insurance or CTS (Compensación por Tiempo de Servicio): This social benefit provides employees with income in case of termination. CTS is deposited biannually by the employer, with 50% in May for work done from November to April and 50% in November for work done from May to October. CTS accrues from the beginning of the employee-employer relationship, with entitlement to employees who work at least four hours a day, amounting to one month’s average wages per year.
  • Life Insurance (0.5%)

Employees can choose to join either the National Pension System (SNP) or the Private Pension System (SPP). The SNP & SPP contribution rate, approximately 13%, is covered by the employer, deducted from the employee’s salary, and then paid directly to the pension administrator.

Peru’s decentralized healthcare system is managed by five entities:

  • Ministry of Health (MINSA), serving 60% of the population
  • EsSalud, covering 30% of the population
  • Armed Forces (FFAA)
  • National Police (PNP)
  • The private sector, catering to the remaining 10% of the population.

*The provided rates are indicative and may vary depending on GoGlobal’s specific terms.

Important Information for Peruvian Employees

Salary Payment

Salary payments must be made on a monthly basis, either in cash or through bank transfer.

Payslip

Payslips must accurately document employees’ remuneration and any deductions for pension and social security contributions. They must be provided to employees within three business days following the payment date.

Annual Leave

Employees are granted 30 calendar days of paid vacation leave annually. A minimum of 15 days must be taken as leave each year, with the option for payment in lieu of any unused vacation time. It’s important to note that vacation days are counted as calendar days, not just business days.

Sick Leave

Employees are entitled to 20 days of paid sick leave, during which the employer compensates them at a rate equivalent to their full wages.

From the 21st day onward, employees who are still unwell can receive sick benefits from ESSALUD (Seguro Social de Salud del Perú), the Peruvian social security agency, for up to 11 months for each instance of illness.

Compassionate & Bereavement Leave

In the public sector, employees are entitled to five days of paid leave upon the death of an immediate family member. If the death occurs outside of the city where the employee works, this leave can be extended for an additional three days.

Maternity & Parental Leave

Maternity Leave

  • Maternity leave spans 98 days, comprising 49 days each for prenatal and postnatal leave. However, exceptions can be granted by the employer in cases of a disabled newborn or the birth of an additional child during this period. In such instances, the employee can extend postnatal leave for up to 30 calendar days.
  • Maternity benefits, equivalent to the mother’s full wages, are provided by the social security fund.
  • Following the official 98-day period, the lactation period commences and continues until the child reaches one year of age. During this time, the mother is entitled to one hour each day to breastfeed the child away from the workplace.

Paternity Leave

  • Fathers are entitled to 10 consecutive days of paid paternity leave for natural births by their partners. In cases of multiple births, delivery complications, maternal illness, or disability, this leave can be extended to up to 30 days.

Nursing Care/Breastfeeding Leave

  • After the postnatal period, working mothers are entitled to one hour per day of breastfeeding leave until their child turns one year old. For multiple births, this breastfeeding leave is extended by an additional one hour each day.
Other Leaves

Adoption Leave

Adoptive parents are entitled to 30 days of paid leave for each child adopted under the age of 12.

Hospitalization Leave

Employees are allowed up to seven days of leave to care for first-degree relatives who are ill or injured.

Civil Duty Leave

Firefighters and military personnel are eligible for paid leave from their work duties when called for service.

Public Holidays

Employees have the right to enjoy 15 paid public holidays every calendar year.

Benefits to the Employee in Peru

Peruvian Statutory Benefits

Healthcare Insurance

Under Peru’s employment regulations, employees and their family members are entitled to benefits through the public health service, ESSALUD, with family members considered statutory affiliates. Employers contribute 9% of the employee’s monthly wage towards health insurance to the public healthcare system.

13th and 14th Salary Payments

Peru mandates 13th and 14th salary payments, disbursed in two installments. These payments must be made no later than July 15th and December 15th, respectively, as additional payroll. Together, they amount to two monthly remunerations. Each installment is calculated based on the average salary of the preceding six months, inclusive of bonuses and commissions but excluding health or pension contributions.

These payments are required only for employees who are actively working in the month of receipt or are on paid leave. Employees with less than six months of service receive prorated entitlements based on months worked.

Family Allowance

Employees responsible for one or more children under 18 years old (or of legal age attending higher education) are entitled to a family allowance equivalent to 10% of the current minimum wage.

Compensation for Time of Services (CTS)

CTS payments, equivalent to ordinary remuneration, are deposited by employers into the financial institution chosen by the employee within the first fifteen calendar days of May (50%) and November (50%) each year. CTS, often referred to as a “settlement payment” or “retirement payment” in other jurisdictions, is a common practice in Peru.

Rules Regarding Visas and Foreign Workers in Peru

General Information

Employers are restricted to having no more than 20% of their local workforce composed of foreign employees, and the total salary paid to foreign employees cannot exceed 30% of the overall compensation paid to all employees. However, certain technical employees may be exempt from this regulation.

Contracts for foreign employees must be documented in writing and are typically issued for a duration of three years, with the possibility of extension for an additional three years. Extension approvals must be obtained from the Ministry of Labor.

Upon approval by the Ministry of Labor, changes to the employee’s immigration status can be made, transitioning from a tourist or business visa to a work visa. This work visa enables the issuance of a Foreign Card.

The main types of work visas include:

  • Work visas for employees of local companies (resident/temporary employees)
  • Work visas for employees of foreign companies who are not permanent residents in Peru but are assigned to provide services for a specified period.

For tax purposes, foreign individuals are considered domiciled in Peru if they have spent more than 183 calendar days within a 12-month period in the country.

Public Holidays Recognized by Peru in 2024

  Occasion Date
1 New Year’s Day January 1
2 Maundy Thursday March 28
3 Good Friday March 29
4 Labor Day May 1
5 St. Peter & Paul June 28
6 Independence Day July 28
7 Saint Rose of Lima August 30
8 All Saints Day November 1
9 Immaculate Conception December 8
10 Christmas Day December 25

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