Vacation and Paid Time Off: Addresses rights related to paid time off,

such as annual vacation and sick leave.

Article 24: Everyone has the right to rest, to enjoy free time, to a
reasonable limitation of the duration of work and to periodic paid
vacations.
Already in the 19th century, it was recognized that working too many
hours represented a danger to the health of workers and their families.
Limiting working hours and the right to rest are not explicitly mentioned in
any of the fundamental human rights conventions, but were already
enshrined in the first treaty adopted by the International Labor
Organization (ILO) in 1919, which determined 8-hour days. hours and 48-
hour weeks in the industry.
Article 23 owes much to the contributions of Latin American countries
during the drafting process that took place between 1946 and 1948. By the
mid-1940s, almost all countries in this region had democratic
governments and their constitutions had social rights. and economic,
including provisions for annual leave and other forms of paid leave.
These Constitutions served as inspiration for the Universal Declaration of
Human Rights (UDHR), and its provisions had the approval of the
communist bloc. As Yugoslavian editor Vladislav Ribnikar said, "the right
to rest without pay means nothing." Regarding Labor Law, in the Peruvian
reality, there have been and various problems continue to arise regarding
the application of standards, since they are not consolidated, that is, they
are not are included in a Code, or in a General Labor Law, which makes
difficult to apply.
Being that, another big problem is the omissions that appear in some
topics on important aspects, such as the right to rest annual vacation in
the part-time employment contract, type of contract that is used more
frequently every day by employers, considered by some as an
employment contract that curtails labor rights to the worker, that is, it
grants him fewer rights, which is why various authors They maintain that
part-time workers do not have the right to rest annual vacation, in this
regard Jorge CASTILLO GuZMÁN, Jaime ABAL ABARCA Y Susana
SÁNCHEZ EDWARDS, point out: «therefore part-time workers do not They
will have the right to the CTS, protection against arbitrary dismissal and
other benefits for which they require working at least four hours a day, In
this regard, there is also what is indicated in the summary of labor
legislation,
The right to annual paid vacation time is recognized in international
standards on Human Rights, in our Constitution and in the Law. And in
certain aspects it is usually a topic of controversy in the Peruvian doctrine
and jurisprudence. Regarding the regulation of vacations, Jorge TOYAMA
MIYAGUZUKU2 refers: "they are one of the universal labor benefits but
their treatment presents a series of variants in positive systems, both due
to their source of regulation as its content", which denotes that in each
country, it has a regulation
own its granting.

Compensation and Benefits: Discusses workers' rights regarding

fair wages, benefits, and other job benefits.

What is compensation for time of service?

Compensation for time of service (CTS) is a type of social benefit that the
employer is obliged to deliver to its worker when the employment contract
ends. It is granted as a way to help workers who have lost their job and
must face a more complicated economic situation.
The CTS is granted to all workers who work at least 4 hours a day or 24
hours a week (20 hours a week if they work less than 5 days a week), as
long as they have completed at least one month of work.
How is compensation for time of service calculated?
Compensation for time of service is calculated based on the days actually
worked, including days not worked due to work-related accidents or
proven illnesses (up to a maximum of 60 days), days of pre- and postnatal
rest, days of legal strike, and days of suspension with pay.
Now, we take the monthly salary received, your last bonus and the days
worked (180 for every 6 months). We divide your bonus by 6 and add it to
the monthly salary. Then we divide the result by 360 and multiply it by the
days worked. The resulting amount is the payment of your CTS.
Depending on when the contract ends, the CTS is paid in the first 15 days
of the month of May or November and the calculation is made on the
regular basic remuneration received in April or October, as long as it is
freely available to the worker.
What legal rewards exist?
The legal bonuses that exist are those granted for national holidays and
Christmas, which will be paid on the first fifteen days of July and
December, respectively. Additionally, other bonuses that have been
agreed upon between the worker (or workers) and the employer may be
delivered through a contract or collective agreement, or even as an act of
liberality on the part of the employer.

All workers in the private sector have the right to receive their bonuses,
except for service providers or young people in training under an
agreement. In the event of terminating the employment contract, as long
as one month of work has been completed, the employer must pay the
outstanding bonuses.

Vacation break in Peru

Vacation rest in Peru is the right that every worker has to stop providing
their services for a certain period of time. All workers with a minimum
working day of 4 hours a day enjoy it, as long as they have met a
“vacation record”. This record consists of one year of work, as long as
you have actually worked 260 days (in the case of a 6-day week) or 210 (in
the case of a 5-day week). The vacation break is 30 calendar days, in the
case of workers in private activity.
The worker can divide his vacation into two parts, one of which can be
divided into 7 and 8 days, while the second can be divided up to a
minimum of one day. Up to two vacation periods can also be
accumulated, after which a rest of at least 7 calendar days is mandatory.
Finally, the vacation break can be reduced to a minimum of 15 days, in
exchange for exchanging the days of rest for days of remuneration. All
these changes must be recorded in writing between the worker and the
employer.

Profit sharing
Profit sharing is a right of workers recognized in the Political Constitution
of Peru and consists of workers being able to access the net profits of the
company managed by the employer. Companies that must grant their
workers participation in profits are those that generate third-category
income and have an average of more than 20 workers per month.
Cooperatives, self-managed companies, civil societies, service providers,
and others subject to special regimes, such as civil construction, micro-
businesses or domestic workers, are not included.

Once the company meets the requirements, it must distribute a certain

percentage of its profits among its workers. The percentage varies
between 5% (companies with different activities), 8% (mining companies,
restaurants or shops) and 10% (fishing, telecommunications and
industrial). A worker may receive, for profits, a maximum of 18 monthly
payments.
Are there other work benefits in Peru?
There are other types of work benefits in Peru. First there is health
insurance, through which the employer guarantees the affiliation of its
worker to the health system and pays the necessary contributions each
month, free of charge to the worker. Then we have the family allowance,
which is granted to workers who have one or more children under 18
years of age, who are pursuing higher education or who have a disability.

We also have maternity or paternity leave, which consists of days of paid

rest given to the father or mother, both before and after childbirth, varying
the amount in one case or another. Finally we have training, which is paid
for by the employer and received by the worker in order to improve their
job performance. The law has made training on Health and Safety matters
mandatory, as well as on issues of discrimination or harassment,
regardless of other typical aspects of the profession. In addition, there are
other benefits that are not regulated by law, but rather obtained through
collective negotiations, such as payments for schooling, mobility, lunch,
etc.
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