Recognition of De Facto / Domestic Partners Relationships for Pension Matters

New Legislation Enacted

Authors: César Gonzáles Hunt, Partner and Mariella Antola Rodríguez, Associate – Littler Peru

Through Law N° 30907, the Peruvian Government recognized the equivalence between de facto/domestic partners relationships and traditional legal marriage, for purposes of pension benefits under the social security system. The law provides that couples who want this recognition need to register their relationship at the Public National Personal Registry.

New Regulation on Vacation (Paid Annual Leave)

New Regulation or Official Guidance

Authors: César Gonzáles Hunt, Partner and Mariella Antola Rodríguez, Associate – Littler Peru

Through the Supreme Decree N° 002-2019-TR, the Ministry of Labor and Promotion of Employment has regulated different aspects for how employees can use the legal benefit of vacations. Under this decree, the employer and employee must celebrate a written agreement for advanced payment of vacations. If the employment relationship ends before completing the period of services that form the basis for the advanced payment, the employee is not obligated to reimburse anything to the employer. Further, vacations may be fractioned. Only the employee can request the division of the 30 days of vacation that the law grants. However, the employer has the final decision for authorizing such request. To fraction a vacation period, both the employer and employee must agree to it in writing.

Amendments to the Regulation of the Collective Labor Relations Law

New Regulation or Official Guidance

Authors: César Gonzáles Hunt, Partner and Mariella Antola Rodríguez, Associate – Littler Peru

The Supreme Decree N° 003-2019-TR amended the Regulation of the Collective Labor Relations Law related to the number of members from the Union Management Board who are entitled to hold licenses and on employer communications concerning the union fees to be paid to federations and confederations.