Minimum Working Conditions
The Minimum Vital Remuneration or minimum salary is the minimum amount that a worker must receive under a full working day. Likewise, it constitutes the calculation basis for various contributions, labour benefits and other concepts according to our current labour regulations.
Workers that have worked four (4) years for the same employer are entitled to perceive a fully paid life insurance policy. It is taken also for the benefit of the worker’s wife and relatives. Other minimum conditions:
- Compensation for Time of Services (CTS);
- Legal Bonuses;
- Family Allowance.
Remuneration is what the worker receives as consideration for the services performed, it can be granted in money or in kind, as long as it is freely available.
On 13 April 2022, Supreme Decree N° 003-2022-TR was published, through which the minimum vital remuneration of workers in private activity that must be received in our country will be increased, the same that increases to S/ 1,025.00.
Maximum Working Week
Working Hours are limited to 8 hours a day or 48 a week. Some workers are not subject to the fulfilment of this maximum working time, e.g. managerial personnel, confidence personnel, and workers whose activities are no subject to immediate supervision (work outside the company premises).
For workers subject to the maximum working time described previously, overtime is remunerated at a rate of 1.25 for the first 2 hours and at 1.35 for the additional hours. Work on the rest day, and holidays, is remunerated with a surcharge of 100%.
Employer’s Obligation to Provide a Healthy and Safe Workplace
Law N° 29783 and Supreme Decree 005-2012-TR establish that every company must implement an Occupational Health and Safety Management System, and that it is responsible for the economic, legal and any other implications that derive from an accident or illness suffered by the worker in the performance of his work or as a result of it.
The Occupational Health and Safety Management System is based on a Baseline Study and a Risk Map of the workplace. Among other obligations included in said system, and which are in force to date, are:
a) Have the following records:
- Record of work accidents, occupational diseases, dangerous incidents and other incidents, which must include the investigation and corrective measures.
- Record of occupational medical examinations.
- Record of the monitoring of physical, chemical, biological, psychosocial agents and disergonomic risk factors.
- Record of internal occupational health and safety inspections.
- Registration of health and safety statistics.
- Registration of safety or emergency equipment.
- Registration of induction, training, training and emergency drills.
- Audit log.
b) Give notice to the Ministry of Labour -according to the approved formats- of fatal and non-fatal accidents, dangerous incidents and other incidents, and occupational diseases.
c) Train personnel in matters of safety and health at work.
d) Translate into Spanish the instructions and other protection measures for machines, equipment, substances, products or work tools.
e) Have proof or a copy of the Complementary Work Risk Insurance Policy for intermediation and subcontracting personnel.
Companies with 20 or more workers must set up an Occupational Health and Safety Committee, while those with fewer than 20 workers must appoint an Occupational Health and Safety Supervisor. Also those companies with 20 or more workers must have an Internal Regulation on Safety and Health at Work.
Employees could file a claim with the union representatives or labour authorities to complain about the employer’s failure to comply with health and safety obligations. Labour authorities can inspect the workplace at any time and order the employer to remedy any non-compliance, impose fines and close establishments. Employees can file labour claims while working, or after the termination date, demanding rights related to the employment contract.
Protection from Retaliation
There is no Law on this matter, but any unlawful act against a worker could be seen as an act of workplace harassment. Please note that if the employer wishes to terminate the employment relationship with a worker, he will need to prove a just cause.