Peru

Overview

Peru, a representative democratic republic in Western South America, is one of the fastest growing economies in the world and classified as “upper middle” income country by the World Bank. The Peruvian economy is diversified, and exports including gold, copper, zinc, chemicals, textiles, machinery, services, and pharmaceuticals contribute significantly to its steady economic growth. A healthy mix of conducive business environment, structural reforms, and sound macroeconomic policies has created a stable foundation for low inflation and sustainable growth.

Currency: Sol

Principal language: Spanish

Government: Semi-presidential Representative Democratic Republic

Capital City: Lima

Major Cities: Arequipa, Callao, La Libertad, Lambayeque

Employment Contracts

Employees can either enter into fixed term or indefinite term employment contracts. Fixed-term contracts, which must be in writing, generally are not more than 5 years and must be filed with the Ministry of Labor. Otherwise, they are treated as indefinite-term contracts. Employment contracts for foreign employees must be in Spanish and approved by the Ministry of Labor. Probationary periods generally last 3 months, after which employees have the right to protection against wrongful dismissal. If both parties agree, the probationary period can be extended if the nature of work demands it or the work requires additional training.

Work/Time Regulations

The constitution limits regular work schedule to 8 hours per day and 48 per week and provides a compulsory 1 day rest per week. Typical work days don’t exceed 48 hours in a week. Shorter work hours can be established by agreement, law, or by an employer’s unilateral decision.

Leave

Holidays
Paid holidays in Peru are:

  • Jan. 1: New Year's Day
  • Maundy Thursday (Thursday before Easter)
  • Good Friday (Friday before Easter)
  • May 1: Labor Day
  • June 29: Feast of Saints Peter and Paul
  • July 28 - 29: Independence Day
  • Aug. 30: Saint Rosa of Lima Day
  • Oct. 8: Naval Battle of Angamos
  • Nov. 1: All Saints' Day
  • Dec. 8: Immaculate Conception
  • Dec. 25: Christmas Day

An annual decree is issued by the president of the Council of Ministers fixing the dates of annual holidays that can be incorporated into the civil service.

Maternity Leave
Women employees can take 49 days of maternity leave before the expected date of delivery and 49 days afterward. If the birth takes place after the expected date, the intervening days are considered paid sick leave. Employees may choose to postpone prenatal leave and take the entire leave post-birth.

Women get maternity benefit equal to 100% of their regular wages over the 4-month period before the childbirth. The benefit is paid by the Social Security Insurance Program (EsSalud) and is subject to a ceiling.

Paternity Leave
Employees can take 4 days paid paternity leave when their companion or spouse gives birth. Employees are required to notify their employer a minimum of 15 days before the expected date of delivery to claim this benefit.

Sick Leave
Employees who made contributions to social security for a minimum of 3 continuous months or 4 months out of the 6 months before the injury or illness began are entitled to paid sick leave. This benefit is paid at the rate of 100% of employees’ average wages over the last 4 months for a maximum of 18 months after a waiting period of 20 days. Employees are entitled to full salary during the waiting period.

Other Leaves
Employees who adopt a child aged 12 or less are entitled to 30 days of leave.

Benefits

The social security system in Peru has 2 programs:

  • Social Insurance System (SNP)
  • Individual Account System (SPP)

Employees are required enter either of them, and SNP members can switch to SPP, and can again switch back under special circumstances. Both employers and employees contribute to these programs.

Pension reforms introduced in 2012 have resulted in extensive coverage, greater competition among insurance providers, and more investment choices.

Old-age Pensions, SNP
Employees who have made contributions for at least 20 years are entitled to a pension at the age of 65. Individuals who contribute for a minimum of 30 years can start receiving the pension at the age of 55 while women who have contributed for a minimum of 25 years can begin receiving a pension at the age of 50. During a mass layoff, employees who have contributed for a minimum of 20 years, qualify for an early pension.

Old-age Pensions, SPP
Employees can start receiving a pension at the age of 65 or any other age if their account has assets that can replace a minimum of 50% of their average indexed earnings in the last 10 years. The pension amount is based on the contributions made to the individual account and the earnings accrued.

Permanent Disability Benefits (SNP)
The disability pension is paid at the rate of 50% of the average wages over the past 12 months including an additional 1.5% for each year of contribution after initial 3 years of contributions. The disability pension amount is decreased if total earnings including pension exceed the insured employee’s former average earnings.

Permanent Disability Benefits (SPP)
The amount of disability pension is based on an employee’s average monthly wages and the assessed degree of disability. Disability insurance supplements the capital accrued in the individual account in case the balance is below the minimum amount required to finance the disability pension.

Survivors' Benefits (SNP)
Survivors’ pension is provided if the employee was a pensioner or qualified to receive pension at the time of death. In case the deceased has a dependent widower or a widow aged more than 60, the survivors’ pension is paid at 50%. The pension ceases when a disabled widower is assessed capable of working or the surviving spouse remarries.

Survivors' Benefits (SPP)
The pension for orphans, surviving spouse, and dependent parents is determined based on the deceased’s average monthly wages. The amount of pension is calculated on the basis of the deceased's average monthly earnings. Life insurance supplements the capital accrued in the individual account in case the balance is below the minimum amount required to finance the survivor pension. Life insurance can also help tide over the funeral grants costs. Dependent daughters of beneficiaries are guaranteed maternity benefits.

How GPS can Help

With our Global PEO/Employer of Record services, companies can expand into Peru and hire their employees without having to establish a branch office or subsidiary in Peru.

  • Your candidate is hired via our Peru PEO. If needed, we can also help you find the right talent in any country with our comprehensive global staffing services.
  • Your new employee begins work quickly as we take care of employment contracts, statutory and non-statutory benefits, and running their payroll - all in full compliance with Peru laws.
  • Global PEO Services experts manage all day-to-day operational issues such as employee expenses, and severance/termination if required.
  • With no contractor risks, pass on the compliance burden to Global PEO Services.

Spin Off/M&A Support

  • Ensure continuity of payroll, benefits and HR support when acquiring or spinning off a business with employees overseas.

24/7 Support in 100+ Countries

  • Empower your teams with 24/7 support and a single point-of-contact model in which experienced client services directors are in continuous communication with information and advice.
  • We are backed by a mix of 300+ multidisciplinary experts from HR, Payroll, Finance, Tax, and Legal domains who are ready to respond to the expected and unexpected needs of your business on the shortest notice.

Easy Visibility into Your Employee Time & Attendance and Benefits Data
With our Global PEO, you get access to Mihi, our proprietary SaaS solution for time and attendance, vacation, leave management and benefits enrollment and managements. Mihi enables clients to have easy access to employee data in real time. It is designed specifically for companies with a global workforce, especially when working in multiple countries with low headcounts.

Ready for Growth When You Are
When ready, we can seamlessly transition you from the PEO/EOR model to your own legal entity and provide ongoing international HR, finance, legal, compliance and staffing support. Lean more about our end-to-end international expansion services.