Peru Labor Law Update 2025: Key Developments and Practical Compliance Steps

This briefing summarizes the key trends, policy interpretations, and practical steps employers should follow to remain compliant with Peru’s labor regulations in 2025. It focuses on areas that have attracted regulatory attention—employment classification, remote work, social security contributions, occupational health and safety, inspections and sanctions—and provides concrete operational steps and Notes (precautions) for HR and compliance teams.

What to watch in 2025

• Employment classification and platform work: Jurisprudence and administrative guidance continue to clarify when gig or platform workers should be treated as employees rather than independent contractors—especially when there is economic dependence, schedule control, fixed rates set by the platform, or exclusivity.
• Remote and hybrid work rules: Regulators are emphasizing the employer’s obligation to set clear policies for remote work, including equipment provision, work schedules, data protection, occupational health and safety (OHS) and reimbursement for work-related expenses.
• Social security and payroll reporting: Authorities remain vigilant about correct registration and payment to EsSalud, pension entities (AFP/ONP), and contributions reported through the payroll system. Electronic payroll and reporting practices (e.g., PLAME submissions) must be up to date.
• OHS and mental health: COVID-era lessons reinforced OHS obligations beyond physical safety—mental health, workplace harassment prevention, and psychosocial risk management are receiving stronger scrutiny.
• Enhanced inspections and fines: The national labor inspectorate (SUNAFIL) and related agencies continue active inspections. Penalties for misclassification, undeclared workers, false reporting and safety breaches can be significant.

Key regulatory actors

• Ministry of Labor and Employment Promotion (MINTRA) — issues regulations and policy guidance.
• Superintendence of Labor Inspection (SUNAFIL) — executes labor inspections and imposes administrative fines.
• Tax and social security agencies (SUNAT, EsSalud) — oversee contribution collection and reporting.

Practical operation steps (step-by-step)

1. Perform a legal and HR audit (Week 1–4): Inventory all workers by contract type, duties, schedules and economic dependence. Verify registrations with SUNAT, EsSalud and pension entities. Identify platform or gig relationships and undocumented work.
2. Classify roles using a risk-based test (Week 2–6): For each role, document control factors: who sets schedules, provides tools, sets pay, and whether the worker can provide services to others. Where dependence exists, reclassify roles to employee status and adjust payroll and social contributions retroactively as necessary.
3. Update employment contracts and policies (Month 1–2): Draft or revise contracts to reflect remote/hybrid arrangements, probationary terms, confidentiality, IP, and clear grounds for termination. Ensure policies on working hours, overtime, expense reimbursement and data protection are published and accessible.
4. Adjust payroll and benefits (Month 1–3): Ensure correct base salary, overtime rules, bonuses and fringe benefits are calculated. Submit accurate electronic payroll reports and correct any underpayments to EsSalud and pension entities promptly to reduce fines.
5. Implement OHS and psychosocial measures (Ongoing): Conduct risk assessments for on-site and remote workers, provide training, and adopt mechanisms for reporting harassment or mental health issues. Keep records of training and incidents.
6. Train managers and HR (Month 1–3): Roll out training on labor rights, lawful dismissals, documentation standards, and audit trails for performance management to reduce litigation risk.
7. Establish a compliance calendar and documentation system (Ongoing): Track reporting deadlines, inspections, payroll runs and contractual renewals. Maintain centralized files for contracts, payroll, time records and EHS documentation for at least the statutory retention period.
8. Prepare for inspections and disputes (Ongoing): Simulate inspections, assemble an inspection response kit (key documents, point persons), and set up a rapid legal review channel to respond to SUNAFIL inquiries within required timeframes.

Checklist: Documents to have ready

Common pitfalls and Notes (precautions)

1. Misclassifying workers: Treat platform and gig workers with suspicion for misclassification. If your operations exert control, reclassify early to avoid retroactive liabilities.
2. Neglecting remote-work reimbursements: Employers that fail to reimburse work-related expenses or to formalize remote-work terms increase dispute risk.
3. Poor documentation: Lack of clear records on hours, authorizations and payments weakens defenses in inspections or litigation.
4. Ignoring health and safety for remote staff: Virtual work can still create OHS obligations—retain records of ergonomics advice, incidents and follow-ups.
5. Late or incorrect reporting: Untimely PLAME submissions or underpayment of EsSalud/pension contributions lead to fines and interest.

Illustrative cases (lessons learned)

• Case A — Misclassification risk: A delivery platform’s dependence-based facts led to a finding that riders were employees. Practical lesson: examine control indicators and redesign contracts and compensation to align with genuine contractor relationships or convert to employment contracts.
• Case B — Remote-work expense dispute: An IT firm that did not reimburse home-office expenses faced multiple claims. Lesson: adopt a written reimbursement policy, track approvals, and keep receipts.
• Case C — OHS and psychosocial risk: A medium-sized enterprise implemented a psychosocial risk prevention program and reduced harassment claims and absenteeism—showing preventive measures reduce legal and business risk.

Sanctions and mitigation

Administrative fines by SUNAFIL and other agencies can be mitigated by voluntary correction, prompt payment of outstanding contributions and cooperation during inspections. Early disclosure and corrective action often reduce penalties. When disputes escalate, consider mediation or early settlement to control costs and reputational impact.

Special guidance for sectoral situations

• Maritime, offshore and seafarers: For companies employing maritime or offshore personnel, ensure international certifications and seafarer contracts meet both Peruvian and flag-state requirements. For assistance with cross-border crew HR and compliance, services such as SailGlobal can provide specialized support for recruitment, documentation and crew welfare.
• Seasonal and agriculture: Use clear fixed-term contracts and ensure seasonal workers are registered for social security during active months.
• Multinationals and secondments: For expatriates and intra-group transfers, verify visa, tax and social security implications and adjust employment letters accordingly.

Recommended next steps for employers

1. Schedule an immediate compliance audit focused on classification and payroll.
2. Update or create a remote-work policy and expense reimbursement protocol.
3. Set up a remediation plan for any underpayments and notify relevant authorities if required.
4. Train HR and management on inspection readiness and employee relations best practices.
5. Monitor MINTRA and SUNAFIL announcements and engage local counsel for complex issues.

Conclusion

Peru’s 2025 labor landscape demands thorough documentation, accurate payroll reporting and proactive management of remote and gig work risks. Employers who audit their practices, update contracts, invest in OHS and maintain transparent communication will reduce inspection and litigation exposure. When in doubt, engage local labor counsel and trusted service providers to implement the operational steps outlined here.