Work and Wages

Minimum Wage

In accordance with the Peruvian Constitution, every worker is entitled to a fair and adequate remuneration to seek him and his family material and spiritual welfare. Minimum wage rate is determined according to the needs of workers and their families. Other factors that are considered while fixing the minimum wage include cost of living, economic development in the country, productivity, capacity of the employer and the inflation rate.

 

The minimum wage in Peru is set by the National Labour and Employment Promotion Council which after consultation with the workers' and employers' organizations determines the minimum wage. If no agreement is reached on minimum wage in the Council, this is determined through a Presidential Decree.  Wages can also be determined by collective agreement. However, the legislation does not clearly specify that the wages set by collective agreement can be lower than the minimum wage rate. Different wage rate are determined for different occupations and sectors.

 

Source: §24 & 118 of the Political Constitution of Peru, 1993

Regular Pay

Wage is the compensation in cash or in kind that a worker receives for services rendered. There is no specific provision in labour law regarding regular payment of wages to workers however a worker may terminate an employment contract without any obligation if the employer is not paying remuneration in a timely manner Employers are also required to keep wage records and pay slips under the Supreme Decree No. 001-98-TR of 20 January 1998 regulating the obligation of the employers to maintain wage records.

 

Source: §66 of the Productivity and Labour Competitiveness Law No. 728

Regulations on Work and Wages

  • Constitución Política del Perú de 1993 / Political Constitution of Peru, 1993

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