Criminal sanctions
Peru
According to the Criminal Code, violation of employment laws and discrimination may trigger criminal sanctions in the following cases:
- Harassment, sexual harassment, sexual blackmail and the spreading of images, audiovisual or audio materials with sexual content
- Forced labor
- Forcing or preventing an employee from joining a union or
- Deliberate infringement of Health and Safety at Work regulations and endangering the lives, health or integrity of employees in a serious way.
COVID-19 Special Regulations
Home office
The employer may instruct employees to work from home until December 2022. In case of employees at high risk of a COVID-19 infection, the employer must prioritize home office.
Furlough
If the employer cannot maintain its workforce because its financial situation has been affected by the COVID-19 crisis and/or can’t apply the home office, it is possible to furlough employees. The application must be approved by the Labor Administrative Authority. The furlough may last until April 5, 2021, at most.
COVID-19 Health and Safety Plan
Peru is under lockdown measures as of March 16, 2020. The economic reactivation process started in May of 2020 and consists of 4 stages. If the employer’s activities are allowed, according to such reactivation process, it is necessary to elaborate and register a COVID-19 Health and Safety Plan prior the restarting of operations after quarantine.
Vaccination
Employees who perform work activities in person must prove that they have been fully vaccinated against COVID-19. In case of non-compliance, the employer can require the employee to work from home. If this is not possible, employers may furlough employees unless agreed otherwise.
An employee who vaccinates against COVID-19 is entitled to up to 4 hours days of paid leave. To enjoy this benefit, the employee must notify the employer within 48 hours before the day of vaccination.
As of January 31, 2022, individuals 40 and older must demonstrate that they have received their third vaccine dose against COVID-19 in order to enter to closed places, such as offices, shops, restaurants, supermarkets and clubs, among others.