Work Authorization for Teenagers

What does it consist of?

Work Authorization for Adolescents is a procedure carried out by the Ministry of Labor and Employment
Promotion, through which a certificate of permission is granted to adolescents in order to enter the labor
market, having previously met certain requirements. requirements.

Where is it done?

Its processing is in charge of the Sub-Directorate of Promotion and Protection of Fundamental Rights and
Safety and Health at Work located on the third floor, office No. 315, telephone 630-6000 annex 3012

Who is it addressed to?

To adolescents from 14 to 17 years of age.

Which are the requirements?

 Copy of the birth certificate or National Identity Document.

 Medical certificate issued by a hospital or medical post of the Ministry of Health or ESSALUD that
certifies the physical, mental and emotional capacity of the adolescents to carry out the work (free)

 Copy of the school card or report card, the transcript of studies or study certificates.

 Two (02) passport size photographs taken at any photo studio

 Copy of the father's identity document. Mother, family member or guardian

 Name or company name and address of the employer and Single Taxpayer Registration number.

How much does it cost?

The process is free

Opening Hours

Monday to Friday from 8:15 am at 12:30 p.m. and 1:30 p.m. to 5:00 p.m.

WORK AUTHORIZATION FOR MINORS

OF ADOLESCENTS' WORK

LEGAL BASE:

Law 27337: Children and Adolescents Code (08/07/2000)

Law 27571: Modifies Art. 51 of the Children and Adolescents Code (5.12.2001)
ILO Convention 138: On the minimum age for admission to employment.
FROM THE RIGHT TO WORK

The right of adolescents to work is recognized, with the restrictions of the law, as long as there is
no economic exploitation and their work activity does not involve risk or danger, affect their
educational process or be harmful to their health or their physical or mental development. , spiritual,
moral or social. (Art.22 CNA)
The Law only allows adolescents to work, meaning every human being from 12 to 18 years of age.

AREA OF APPLICATION

The CNA contemplates the following work modalities:

o Work as an employee or employee.

o Home work
o Self-employed or independent work
o Domestic work
o Unpaid family work.

OF THE AUTHORIZATION

o Adolescents require authorization to work, except in the case of unpaid family workers, in the
latter case they must only be registered in the corresponding municipal registry.

o Whoever grants the authorization must also give the adolescent a Notebook containing their
personal and work information.

COMPETENCE TO ISSUE THE AUTHORIZATION

They have the power to register, authorize and supervise the work of adolescents:

The Work Sector:

For jobs that are employed or provided in a dependency relationship. The Office in charge of
issuing and processing this authorization is the Sub-Directorate of Inspection.

The municipalities:
In the cases of domestic workers, self-employed or who work independently and within their
jurisdiction.

MINIMUM AGES TO WORK

1.-For employed work in a dependency relationship, the minimum ages are:

or 15 years for non-industrial agricultural work.

or 16 years for industrial, commercial or mining work
or 17 years for industrial fishing work.

2.- For other types of work, the minimum age is 14 years, by exception it may be granted at 12
years of age, provided that the work to be performed does not harm their health or development,
nor interfere with or limit their attendance at educational centers. and allow their participation in
vocational orientation or training programs.

OBLIGATIONS OF EMPLOYERS OF TEENS (1)

o Adolescents who do not have the respective authorization cannot be admitted to work.

o Workplaces that hire adolescents must keep a record in which the personal and employment data
of the adolescent workers are recorded. This registration does not require authorization from the
Ministry of Labor.
OBLIGATIONS OF EMPLOYERS OF TEENS (2)

o Register the adolescent in the Payroll Book and comply with all the rights provided by labor
legislation for workers subject to the private activity regime; taking into account the details and
restrictions established by the Children and Adolescents Code.

o They are obliged to grant facilities that make the adolescent's work compatible with his or her
regular attendance at school.

OF RIGHTS AND WORKING CONDITIONS (1)

WORKING DAY

o The work of adolescents between 12 and 14 years old must not exceed 4 hours a day or 24
hours a week.

o The work of adolescents between 15 and 17 years old must not exceed 6 hours per day or 36
hours per week.

OF RIGHTS AND WORKING CONDITIONS (2)

OF REMUNERATION

Adolescents must receive remuneration no lower than that of other workers of the same category
for similar work.

OF THE VACATIONS

The right to paid paid holidays will be granted in the months of school holidays.

WORKING CONDITIONS (3)

FROM THE RIGHT TO SOCIAL SECURITY

Working adolescents have the right to mandatory social security at least in the health benefits
scheme.

OF COLLECTIVE RIGHTS

Working adolescents are recognized as having the right to exercise their collective labor rights, and
may form part of or form unions.

OF RIGHTS AND WORKING CONDITIONS (4)

PROHIBITED WORK

o Night work.
o Underground work
o Jobs in which excessive weights are handled
o In which toxic substances are handled.
o In activities in which your safety or that of other people is under your responsibility.
RIGHT OF CLAIM:

Working adolescents have the right to claim compliance with the legal regulations related to their
economic activity before the competent authority, without the need for a representative.

Reports and Registration:

Ministry of Labor and Employment Promotion - Lima - Office No. 304

Directorate of Labor and Employment Promotion - Callao - Jr. Adolfo King No. 396

SECURITY AND HEALTH AT WORK

SAFETY AND HEALTH INSPECTIONS AT WORK

NATIONAL AND INTERNATIONAL REGULATIONS

o ILO Convention 62
(building safety)
o ILO Convention 81 (inspection)
o ILO Convention 152 (safety in port work)
o Political Constitution of Peru
(Art. 23°: Work subject to protection)

Obligations related to Second Degree Offenses

SUPREME DECREE 42-F
- INDUSTRIAL BUSINESS -
o OBJECTIVES
- Generic
o STRUCTURE:
- 13 Titles:
o Title I: Disp. General and application
o Title II: Industrial premises
o Title III to XI: Security measures regarding the various risk agents
o Title XIII: Personal Protection

COMPLEMENTARY RISK WORK INSURANCE

o REGULATIONS:
- LAW 26790: Law on Modernization of Social Security in Health
- D.S. 009-97-SA: Regulation of Law 26790
- D.S. 003-98-SA: Technical standards for Complementary Risk Work Insurance
- RM 090-97-TR: Registry of high-risk companies
COMPLEMENTARY RISK WORK INSURANCE
o Required only from companies qualified in Annex 5
o Accident or occupational disease
o BENEFITS:
* Health Coverage: ESSALUD or EPS
* Preventive assistance
* Medical care any level of complexity
* Rehabilitation and job readjustment
* Necessary orthopedic and prosthetic devices

COMPLEMENTARY RISK WORK INSURANCE

* Disability and funeral coverage: ONP or Insurance Companies

* Survivor Pension
* Disability pension
* Funeral expenses

* Obligated:
* Employer (work center - administrative unit)
* Company that provides services to a company. (the form does not matter: Services,
Cooperatives, contractor, subcontractor, etc.)

CIVIL CONSTRUCTION

o REGULATIONS
- R.S. 021-83-TR: Basic safety and hygiene standards in building works
- RM 427-2001-MTC/15.04: Technical Building Standard E120
- RD 23-74-910000 (01/31/74): Minimum hygienic services?
- RD 77-87-DP-LIMA(08.07.87) and RSD 450-90-2D-NEC(06.25.90): Uniform ?

SAFETY AND HEALTH IN THE INSPECTION SYSTEM

o POSSIBILITY OF SANCTIONING NON-COMPLIANCE

o OBLIGATION TO REPORT WORK ACCIDENTS
o DELEGATION AGREEMENTS WITH PUBLIC AND PRIVATE ENTITIES
o SPECIALIZATION AND CONSTANT TRAINING OF INSPECTORS
o CREATION OF A MULTI-SECTOR COMMISSION
INSPECTION ACTION IN SAFETY AND HEALTH

NEW ACTIONS OF THE INSPECTION DEVICE

o Guidance operations
o Inspection operations
o Training of Labor Inspectors
o Participation in regulatory and technical proposals on audit topics.

SUGGESTIONS: To the following Email: inspdes@mtps.gob.pe

If non-compliance with labor standards is noticed in a Work Center, so that immediate verification
can be arranged, send the following information to the email inspdes@mtps.gob.pe with SUBJECT:
VISIT
Exact Company Name.
Exact address and references.
RUC number (11 digits)
Approximate number of workers.
Working hours.
Visiting time (optional)

The inspection visit will be carried out after verification of the information provided.

What is child labor?

It is any physical or mental activity carried out by boys and girls below the minimum age for
admission to employment, dedicated to the production, marketing, transformation, sale or
distribution of goods or services independently or at the service of another natural or legal person.
(company), may or may not be paid. In Peru the minimum age for admission to work is 14 years of
age.
What is child labor?

It is any physical or mental activity carried out by boys and girls below the minimum age for
admission to employment, dedicated to the transformation, production, marketing, sale or
distribution of goods or services independently or at the service of another natural person or legal
(company), may or may not be remunerated. In Peru the minimum age for admission to work is 14
years of age.

Reference: Art. 51 of the Children and Adolescents Code - Law 27337.

What is the legal framework that regulates child labor?

In Peru, legislation has been established for the promotion and protection of children and
adolescents, in the different aspects of their development, among which is work, in addition to the
rights recognized by the current Political Constitution, it has been ratified. the International
Convention on the Rights of the Child, Convention 138 and 182 relating to the minimum age for
admission to work and the worst forms of child labor and immediate action to eliminate it, of the
ILO, there is the Children and Adolescents Code and The Child and Adolescent Ombudsman's
Offices have been created, which constitute the legal and institutional framework for the rights of
children and adolescents.

Reference: Convention 138 and 182; Children and Adolescents Code - Law 27337.

What is the position of the Peruvian State in relation to child labor?

The Peruvian State protects the development of our childhood by regulating the work of boys, girls
and adolescents so that it is not carried out below the minimum age stipulated by Law, nor does it
affect their health, physical integrity, moral integrity and/or their regular attendance at school, in
accordance with Convention 138 and Convention 182, likewise the State assumes the commitment
to eradicate the worst forms of child labor and the employment of minors under 18 years of age in
activities that are dangerous or harmful to their development. physical, psychological, moral and
spiritual.
What are the consequences of child labor for children and adolescents?

- In the physical aspect:

The child, due to his young age and inexperience at work, is more exposed to poisoning; wounds;
mutilations; Occupational diseases; physical deformations; low nutritional conditions; Death risk;
tiredness and fatigue.

- In the psychological aspect:

By assuming work responsibilities, children limit or eliminate time for play and recreation, keys to
their development. Children who assume responsibilities prematurely limit the development of their
self-esteem.
In the educational aspect:
The school dropout of working children leads to school dropout in the long run because they are
unable to attend school rested and well-fed to be able to properly take advantage of the courses
 and teachings received.
On the social aspect:
Child labor reinforces and multiplies poverty in society. The income that a boy or girl receives does
not justify their future as a low-skilled adult with little income.
What tasks are not considered child labor?

The expression child labor does not cover legitimate work carried out by adolescents between 14
and 18 years of age, paid or unpaid, and which are appropriate for their age and degree of
maturity, duly authorized, such as those support activities in the care of the home and family, or
collaboration in the family business outside of school hours or during vacations, as long as it does
not affect their health, personal development or interfere with schooling and is in the company of
an adult.
Is begging a type of child labor?

No, many times it is thought that the child who offers a song, a poem, a pirouette or some candy in
exchange for money is a working child, however this is not the case, these activities are classified
as begging.
Begging occurs when the child or adolescent is in a state of material or moral need and needs to
resort to gifts for their survival. Many times they are forced or induced by their relatives or other
third parties responsible for their care and protection, which is linked to a situation of economic
exploitation.
What type of work is urgent to eradicate in Peru?

In our country and in compliance with the conventions ratified with the ILO, it is urgent to eradicate:

a) Work that endangers the physical, mental or moral well-being of the child or adolescent, either due
to its own nature or due to the conditions in which it is carried out, which is called dangerous work.
b) Work performed under the age of 14.
c) Any of the unquestionably worst forms of child labor, which are internationally defined as slavery,
human trafficking, debt bondage and other forms of forced labor, such as the forced recruitment of
children for use in armed conflict, commercial sexual exploitation and pornography , and illicit
activities.

Is the work of children and adolescents allowed?

Yes, the adolescent who works will be protected in a special way by the State. The State
recognizes the right of adolescents to work, with the restrictions imposed by the Children and
Adolescents Code, as long as there is no economic exploitation and their work activity does not
pose a risk or danger, affects their educational process or is harmful to them. their health or for
their physical, mental, spiritual, moral or social development. Likewise, article No. 56 of the
Children and Adolescents Code (Law No. 27337) establishes that the work day of adolescents
between twelve and fourteen years of age will not exceed four hours a day or twenty-four hours a
week. The work of the adolescent, between fifteen and seventeen years old, will not exceed six
hours a day or thirty-six hours a week.

Reference: Articles 48, 49 and 56 of the Children and Adolescents Code - Law 27337.
In order for a child or adolescent to work, does he or she have to have any authorization from the Ministry of
Labor and Employment Promotion?
 Yes, the requirements are:
· Copy of the birth certificate, ballot or military notebook.
· Medical certificate issued by the health area, hospital, medical post or Essalud.
· Copy of the school card, report card, transcript or academic certificate.
· Two passport-size photographs of the teenager, taken at any photographic studio.
· Copy of the identity document of the father, mother, relative or guardian.
· Name or company name, address or RUC number of the company that will hire you.
· An application signed by the father, mother, guardian or family member.

Reference: Procedure Number 61 of the TUPA of the Ministry of Labor and Employment
Promotion.
Are there minimum working ages for adolescents for certain work activities?

Yes, in the case of work as an employee or work that is provided in a dependency relationship,
they will be:
a) Fifteen years for non-industrial agricultural work;
b) Sixteen years for industrial, commercial or mining work; and
c) Seventeen years for industrial fishing work.

By exception, authorization will be granted from the age of twelve as long as the work

It is presumed that adolescents are authorized by their parents or guardians to work when they live
with them, unless they expressly state otherwise.

Reference: Art. 51 of the Children and Adolescents Code - Law 27337.

Is there night work for children and adolescents?

Night work is understood to be work carried out between 7:00 p.m. and 5:00 p.m. The Judge may
exceptionally authorize night work for adolescents from the age of 15 (fifteen) until they turn
eighteen, as long as it does not exceed four hours a day. Outside of this authorization, night work
by adolescents is prohibited.

Reference: Art. 57 of the Children and Adolescents Code - Law 27337.

What work activities are prohibited for minors?

Adolescents are prohibited from working underground, in tasks that involve handling excessive
weights or toxic substances, and in activities in which their safety or that of other people is under
their responsibility.

Reference: Art. 58 of the Children and Adolescents Code - Law 27337

What requirements must be met
for adolescent work?
The recent fines imposed by the labor authority on the well-known musical group
Corazón Serrano for hiring teenagers without proper authorization have brought the
issue of underage workers to the fore. In this context, it is important to specify the
conditions, guarantees and obligations that must be met by anyone who wishes to hire
a minor.

According to what was published in a well-known newspaper in the capital , the Regional
Directorate of Labor and Employment Promotion in the Piura region imposed a fine of 200 Tax
Tax Units (UIT) on the musical group Corazón Serrano for having committed a serious violation
of labor standards. for minors.

And, as it should, the working conditions for a minor have a special regime in the Children and
Adolescents Code, which in turn includes the Convention of the International Labor
Organization (ILO) No. 138. , Convention on the Minimum Age for Admission to Employment.
These rules will be those that regulate the work activity of a minor.

Thus, it is established that the minimum age required to authorize the work of a teenager
is 14 years. This legal minimum varies according to the activities to which the minor is
dedicated. For example, in the case of work -whether employed or provided in a dependency
relationship- in agricultural or non-industrial activities, the age must be 15 years. For those
cases in which industrial, commercial or mining work is carried out, the age will rise to
16 years (as would be the case of working in a musical group).

Authorization for a minor to work must be given by the parents or guardians when they live with
them, unless they expressly state otherwise. However, it is essential that for this, the
adolescent's regular attendance at school is not disturbed and a medical certificate is
presented that certifies the adolescent's physical, mental and emotional capacity to perform
the tasks. If these conditions are not met, the Labor Sector authority will not authorize the
permit to do so.

It is also noted that adolescent workers will not receive lower remuneration than other workers
of the same category in similar jobs and have the right to mandatory social security. To
demand compliance, workers may claim, without the need for a representative and before the
competent authority, compliance with all legal regulations related to their economic activity.

Finally, one of the special guarantees regulated by the Code is night work. In this case, it will
be the judge who may exceptionally authorize night work for adolescents from the age of
15 until they turn eighteen. The hours worked must not exceed four hours per day. Without this
authorization, night work by minors is prohibited.