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> GOVERNANCE - home > Employment protection legislation database - EPLex > Peru

Peru - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Peru - 2010    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 32 LPCL

Notice period:
Remarks:
  • See art. 31 LPCL:
    - The employer must give the worker a reasonable period of written notice, of not less than six calendar days in case of misconduct, so that the worker can present a written defense to any charges brought against him or her.
    - If the worker is guilty of flagrant serious misconduct where it would be unreasonable to require the employer to continue the employment relationship, no notice is required.
    - In the event of allegations related to capacity of the worker or errors, the employer must give a notice of at least 30 days in order for the employee to prove his or her professional capacities and correct any error.
    • tenure ≥ 6 months
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).
    • tenure ≥ 9 months
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).
    • tenure ≥ 2 years
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).
    • tenure ≥ 4 years
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).
    • tenure ≥ 5 years
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).
    • tenure ≥ 10 years
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).
    • tenure ≥ 20 years
      • dismissal based on conduct (excl. serious wrongdoings) - 6 day(s).
      • dismissal based on worker's capacity - 30 day(s).

    Pay in lieu of notice: No

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No