Legislative Decree n° 713 on paid breaks for workers in the private sector (Decreto Legislativo n° 713 que consolida la legislación sobre los descansos remunerados de los trabajadores sujetos al régimen laboral de la actividad privada).
Ministerial Resolution No. 322-2009-TR of 5 November 2009, issuing the Official Text of the Synthesis of Labour Legislation (Resolución Ministerial No. 322-2009-TR de 5 de noviembre de 2009, por el que se aprueba la Síntesis de la Legislación Laboral)
Remarks: According to the art. 2, this Resolution is aimed to only informative and orientative purposes.
Name of Act
Political Constitution of Peru of January 6, 1993, (Official Gazette "El Peruano" 4567, p. 111902, January 9, 1993) as amended up to Act 28607 of 6 March 2002
It is the employers competency to fix the working time, which is the time workers come into and leave work. The rest periods are not regarded as working time.
Legislative Decree No. 854 on Working Time and Overtime Art.6, art.7
Overtime/overtime work
Any time worked exceeding the ordinary daily or weekly working time shall be considered overtime, and shall be remunerated with an additional sum.
Legislative Decree No. 854 on Working Time and Overtime Art.10
Night work(er)
Night work is any work carried out between 10p.m. and 6a.m.
Legislative Decree No. 854 on Working Time and Overtime Art.8
Domestic worker
Domestic workers are those who perform cleaning, cooking, babysitting and other domestic tasks. The tasks performed cannot bring a profit /business do the employers and family.
Political Constitution of Peru Art.25 Supreme Decree n° 008-2002-TR, Regulating Legal Decree n° 27671 on Working time, Schedule and overtime Art.1
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
Exceptions
The 8 hour limit does not apply to managers to employees who are not subject to direct supervision, those who perform intermittent work or security and custodial work.
Legislative Decree No. 854 on Working Time and Overtime Art.5
Exceptions
The 8 hour limit can be exceeded on some days provided the average hours worked in a week do not exceed the 48 hour weekly limit.
Legislative Decree No. 854 on Working Time and Overtime Art.2(1.b)
Special categories
» Young workers
The work times of young workers between 12 and 14 years old, must not exceed 4 hours per day. The work for young workers between 15 and 17 years old must not exceed 6 hours per day.
Act. n° 27337 issuing the new code for children and adolescents Art.56
» Domestic work
8 hours per day (the domestic worker who lives at the workplace)
Art.15
Weekly hours limit
General limit
48 hours
Political Constitution of Peru Art.25 Legislative Decree No. 854 on Working Time and Overtime Art.1
Historical data (year indicates year of data collection)
2009: 48 hours
2007: 48 hours
1995: 48 hours.
Exceptions
The 48 hour limit does not apply to managers to employees who are not subject to direct supervision, those who perform intermittent work or security and custodial work.
Legislative Decree No. 854 on Working Time and Overtime Art.5
Special categories
» Young workers
The work times of young workers between 12 and 14 years old, must not exceed 24 hours per week. The work for young workers between 15 and 17 years old must not exceed 36 hours per week.
Act. n° 27337 issuing the new code for children and adolescents Art.56
» Domestic work
48 hours, whether or not the domestic worker lives at the workplace
Act n° 27986 on Domestic Workers Art.15
OVERTIME WORK
Criteria for overtime
General
The overtime work is voluntary, both in their execution and in its provision.
Legislative Decree No. 854 on Working Time and Overtime Art.9
Limits on overtime hours
General limits
No general statutory limits regulation (maximal legislative weekly working hours limit of 48 hours).
Historical data (year indicates year of data collection)
2009: No general statutory limits regulation (maximal legislative weekly working hours limit of 48 hours).
1995: No legal provision.
Restrictions/exceptions
Nobody can be forced to work overtime, except in justified cases, when work is essential as a result of a fortuitous event or force majeure that can put in imminent danger persons or property of the establishment or the continuity of the productive activity.
Legislative Decree No. 854 on Working Time and Overtime Art.9
Compensation for overtime work
Overtime rate(s)
25% increase (first 2 hours) 35% increase (subsequent hours) 100% increase when the worker prooves that overtime was illegally imposed.
Legislative Decree No. 854 on Working Time and Overtime Art.9, art.10
Historical data (year indicates year of data collection)
2009: 25% increase (first 2 hours)
35% increase (subsequent hours)
100% increase when the worker prooves that overtime was illegally imposed.
1995: 50% premium on working days (100% on weekly rest days and public holidays.)
Compensatory rest
The employer and the employee can agree that overtime work is compensated by equal amounts of compensatory rest.
Legislative Decree No. 854 on Working Time and Overtime Art.10
Compensation procedure
The worker has to register the worker tht the employee performed overtime, using safe technical or manual means.
Legislative Decree No. 854 on Working Time and Overtime Art.10-A
Notice of requirement to work overtime
General provisions
Every employer shall display in a conspicuous place in his establishment a notice showing the starting and finishing hours of the working day and the times of breaks for meals.
Supreme Decree n° 008-2002-TR, Regulating Legal Decree n° 27671 on Working time, Schedule and overtime Art.2
REST PERIODS
Rest breaks
General provisions
In case of work performed in a continuous timetable, the worker is entitled to a rest break of at least 45 minutes in order for him to have his meals during the working day. This rest period will not be considered working time, unless otherwise provided in collective agreements.
Legislative Decree No. 854 on Working Time and Overtime Art.7
Historical data (year indicates year of data collection)
2009: In case of work performed in a continuous timetable, the worker is entitled to a rest break of at least 45 minutes in order for him to have his meals during the working day. This rest period will not be considered working time, unless otherwise provided in collective agreements.
2007: In case of work performed in a continuous timetable, the worker is entitled to a rest break of at least 45 minutes in order for him to have his meals during the working day. This rest period will not be considered working time, unless otherwise provided in collective agreements.
1995: No legal provision.
Daily rest periods
Duration
(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
2009: (No general statutory provisions on daily rest.)
1995: No legal provision.
Weekly rest periods
Duration
Every worker shall be entitled to at least 24 consecutive hours of rest each week, preferably on Sundays. The remuneration the workers are entitled to for this compulsory weekly rest shall be the equivalent of one days work.
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.1
Day specified
» General
Sunday
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.1
Special categories
» Domestic workers
Domestic Workers are entitled to a weekly rest break of 24 hours (continuous).
Art.10
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Duration
» General
30 calendar days
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.10
Historical data (year indicates year of data collection)
2009: 30 calendar days
2007: 30 days
1995: 30 calendar days.
Payment
» Amount
During the annual leave the worker is entitled to be remunerated to the same extent as he if he would be working.
The payment shall be made before the leave starts.
Legislative Decree n° 713 on paid breaks for workers in the private sector Art. 15, art.17
Schedule and splitting
The worker shall enjoy the 30 days annual leave without interruption. However a written request to the employer may be possible in order to authorize the enjoyment of the annual leave in shorter periods that may not be less than 7 calendar days.
Also by written request, the worker may agree with the employer to reduce the annual leave from 30 to 15 calendar days, and opting for an extra compensation of 15 days of payment or even not enjoying the annual leave in exchange of one month´s salary.
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.17, art.19, art.23
Special categories
» Domestic work
Domestic Workers are entitled to 15 days of payed holidays after one year of continuous work.
Art.12
PUBLIC HOLIDAYS
Number and dates
The following days are considered public holidays, and the workers shall be entitled to the payment of ordinary wages for these days of compulsory rest: 1 January (NewYear), Maundy Thursday and Good Friday, 1 May (Workers Day), 29 June (Saint Pedro and Saint Pablos Day) 28 and 29 July (Fiestas Patrias), 30 August (Santa Rosa de Lima), 8 October (Angamos Fight), 1 November (All Saints Day), 8 December (Imaculada Concepción) and 25 December (Christmas Day).
DOMESTIC WORKERS
Domestic workers are entitled to the same public holidays as other private sector workers.
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.6 Art.11
Payment
Public Holidays are paid
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.5
Work on Public Holidays
» Compensation
Work performed on public holidays without a compensatory rest will be paid with an additional 100% of the ordinary wages.
Domestic Work Any work performed on a public holiday without a compensatory rest period must be paid at an additional 50% of the ordinary wage rate.
Legislative Decree n° 713 on paid breaks for workers in the private sector Art.3 Art.11
NIGHT WORK
Criteria for night work
Working time is considered night work when it is performed between 10 PM and 6 AM.
Legislative Decree No. 854 on Working Time and Overtime Art.8
Compensation
Workers that perform night work shall be entitled to an additional 35% of the ordinary wage for day work.
Legislative Decree No. 854 on Working Time and Overtime Art.8
Special categories
Shift workers
In workplaces where the work is organized in shifts which includes night time hours, they should, as far as possible be rotating.
Legislative Decree No. 854 on Working Time and Overtime Art.8
Results generated on: 29th March 2024 at 16:28:34.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.