Law on Productivity and Labour Competitiveness [LPCL] of 27 March 1997 as amended up to Act Nº 28051 of 02-08-2003. (Ley de Productividad y Competitividad Laboral, Decreto Supremo No. 003-97-TR, 2103-97 - in Spanish only) Date: 02 Aug 2003; view website » (view in NATLEX»)
Regulation on Productivity and Labour Competitiveness [RPLP] of 26 januray 1996, as last amended by D. S. Nº 011-2001-TR dated 01-05-2001.(Reglamento del TUO de la Ley de Productividad y Competitividad Laboral, Decreto Supremo N° 001-96-TR - in Spanish only) Date: 01 May 2001; view website »
Law on Micro and Small Enterprises [MSE], consolidated version of 2008 (Texto Único Ordenado de la Ley de Promoción de la Competitividad, Formalización y Desarrollo de la Micro y Pequeña Empresa y del Acceso al Empleo Decente, Ley MYPE, Decreto Supremo 007-2008 - in Spanish only) Date: 30 Sep 2008; view website »
Labour Procedure Law [LPL], No 26636/1996, dated 21 June 1996 consolidated version as last amended by Act No. 27942 of 2003 (Ley Nº 26636 - Ley Procesal del Trabajo - in Spanish only), (This Law will be abrogated as of 15 July 2010) Date: 26 Feb 2003; view website » (view in NATLEX»)
New Labour Procedure Law [NLPL], No 29497 of 2010, adopted on 13 January 2010 (Ley núm. 29497, Nueva Ley Procesal del Trabajo- only in Spanish). Note: This Act which repeals the 1996 Labour Procedure Law will enter into force on 15 July 2010. (view in NATLEX»)
Compensation for the Length of Service Law, consolidated version of 2001 (Texto Unico Ordenado de la Ley de Compensación por Tiempo de Servicios. Decreto Supremo N° 001-97-TRR - in Spanish only); view website »
Obligation to provide reasons to the employee: Yes
Dismissal must be communicated in writing, by letter, stating the reason given for the action. The employer may not subsequently invoke grounds other than those referred to in the letter of dismissal (art. 32 LLCP).
According to art. 22 LPCL, in order for a worker employed for four or more hours daily for the same employer to be dismissed, there must be a valid reason prescribed by law and duly substantiated which may be connected with his or her capacity or conduct. The LPCL provides an exhaustive list of reasons justifying dismissal. * Valid reasons connected to the capacity of the worker (art. 23 LPCL): deterioration of the physical or mental faculties or an acquired incapacity having a major effect on his or her performance on the job; inadequate output in relation to the worker's capacity or in comparison to the average output for similar work under similar conditions; or unreasonable refusal on the part of the worker to undergo a previously agreed or legally required medical examination in the context of the employment relationship, or to follow medical treatment or preventive measures prescribed by a doctor in order to avoid illness or accident. * Valid reasons for dismissal related to the worker's conduct (art. 24 LPCL): conviction for a crime involving fraud (by a decision not subject to appeal); disqualification of the worker imposed by judicial or administrative authorities to carry out his or her job at the workplace for three months or more; and any serious misconduct as defined in 25 LPCL: a violation of the fundamental terms of the contract which makes the continuation of the employment relationship unreasonable, as follows: a) failure to comply with employment obligations in such a way that the breakdown of good faith in the employment relationship may be presumed; the repeated opposition to orders relating to the work; repeated and untimely stoppage of work when this has been found to be the case by the competent authority; or the failure to observe work regulations or occupational safety or health regulations; b) deliberate and repeated deterioration in output, or in the volume or quality of production; c) appropriation or attempted appropriation of goods or services belonging to the employer or for which the worker is responsible, or unjustified retention or utilization of the same; d) the use or transfer to a third party of information reserved for the employer; the unauthorized removal or use of documents belonging to the enterprise; providing false information to the employer with the intention of causing harm or obtaining an advantage; or unfair competition; e) repeated attendance at work in a state of drunkenness or under the influence of drugs or narcotics, and even if it is not repeated, where because of the nature of the work, such condition is exceptionally serious; f) acts of violence, serious breaches of discipline, insults and disrespect in oral or written statements addressed to the employer, his or her representatives, senior staff or other workers, whether they take place inside or outside the workplace; g) deliberate damage to buildings, plant, works, machinery, instruments, documents, raw materials and other goods belonging to the enterprise, or in its possession; h) failure to appear at the workplace for more than three consecutive days; unjustified absence for more than five days over a period of 30 calendar days, or more than 15 days over a period of 180 days, irrespective of whether any disciplinary action is taken in either case; repeated lateness where attention has been drawn to this by the employer, and where disciplinary sanctions such as written warnings and suspensions have already been applied.
In addition, the LLC provides for termination for economic, technological, structural or similar reasons, or because of restructuring of the enterprise (Ch. VII, sec. 7, LLCP).
Prohibited grounds: trade union membership and activities; filing a complaint against the employer; race; sex; religion; political opinion; language; pregnancy; maternity leave
Art 29 LPLC provides for the nullity of any dismissal based on those prohibited grounds. On maternity leave: see art. 29 e) LPCL: any dismissal based on the pregnancy is null if it takes place at any time preceding confinement or 90 days after it [= duration of maternity leave].
Workers enjoying special protection: pregnant women and/or women on maternity leave
- There is no specific protection for trade union members or worker's representatives other than the prohibition of dismissing them on the grounds of their affiliation or activities or on the grounds of their candidature, status or former status as a workers' representative. As already mentioned under "prohibited grounds", any dismissal on those grounds will be null. (art. 29 a),b),c) LPCL)
- With regards to pregnant women, any dismissal based on the pregnancy is null if it takes place at any time preceding confinement or 90 days after it. Additional protection consists in a presumption that the dismissal is grounded on the pregnancy if the employer is unable to prove any other valid reason for the dismissal. Dismissal of a pregnant woman for a valid reason is therefore permitted (art. 29 e) LPCL).