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Peru

Remote Working Legislation, Laws & Regulations in Peru

Laws, regulations and legal information related to working from home and remote work

Table of contents
  1. Is there any legislation related to working from home in your country?  
  2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?
  3. Can an employer force an employee to work from home?    
  4. Can an employee force an employer to allow them to work remotely?
  5. Does an employer have to provide the employee with office equipment and supplies for remote work?
  6. Does a company have to reimburse an employee for expenses incurred while working from home?
  7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    
  8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?
  9. Are there any other specific obligations for the employer?
  10. Does an employee need to be insured to work from home?
  11. Is an employee who works from home protected by legislation for work-related accidents and illnesses?
  12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)
  13. Are there any other specific obligations on the employee?
  14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?
  15. Any other comments?
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Teleworking is regulated by Law N° 31572 and by the Supreme Decree N° 002-2023-TR.

2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?

The rule is that the telework is implemented by an agreement between the employer and the employee, except in cases of exception provided by law, as fortuitous case or force majeure.

3. Can an employer force an employee to work from home?    

In exceptional cases. In this situation, the employer must objectively and reasonably justify its decision.

4. Can an employee force an employer to allow them to work remotely?

If an employee belongs to a vulnerable group,, such as pregnant employees, nursing mothers, those caring for minors or people with disabilities, among others, then they should be treated preferentially.  If the request is not accepted by the employer, their refusal must be duly substantiated: no general or abstract answers are allowed.

5. Does an employer have to provide the employee with office equipment and supplies for remote work?

The employer assumes the cost of the equipment, including any expenses derived from teleworking, such as electricity and Internet, unless otherwise agreed between the employer and the employee.

6. Does a company have to reimburse an employee for expenses incurred while working from home?

Yes, the company has to reimburse an employee for expenses while working from home, unless the parties have agreed otherwise.

7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    

If the employer covers the costs of equipment, Internet and electricity, it must follow the cost values established in the standard (Annexes 1 and 2).

8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?

Yes. Teleworking does not reduce the employer's responsibility for safety and health matters.

9. Are there any other specific obligations for the employer?

The employer must provide the employee training on occupational health and safety, sexual harassment, information security, among others.

The employer must respect the privacy, confidentiality and inviolability of the teleworker's communications and documents.

The company must respect the working hours and the employee's right to digital disconnection.

10. Does an employee need to be insured to work from home?

No special insurance is required.

The employee will be registered in the social security system, as the employees who perform face-to-face work are registered.

Yes, the employee is protected by legislation for work-related accidents and illnesses.

12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)

No, it is not permitted.

13. Are there any other specific obligations on the employee?

The employee has the same obligations as those established for personnel performing on-site work, e.g., attending training, not employing third parties, performing their duties within the working day, taking care of the goods provided by the employer, communicating the change of work place, etc.

14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

There haven’t been any legislative changes in relation to immigration rules.

15. Any other comments?

The regulation on teleworking has been issued with the aim of balancing work and family life, in view of the increase of ICTs.