The Constitutional Court has held on numerous occasions that employees in management positions or positions of trust can be dismissed if the employer loses trust in the employee. In these cases, the employer must pay indemnity, as loss of trust is not a legal basis for dismissal. However, a recent Supreme Court of Justice decision determined that an employee who has held such a position since the employment relationship began is not entitled to indemnity when dismissed due to a loss of trust.
Diversity in the workplace has not received enough attention in Peru. However, inclusion is a key issue, and public and private efforts to achieve full equality have therefore increased in recent years. Peru's primary focus has been on guaranteeing equal labour opportunities and increasing workplace facilities for disabled people. Although the employment status of women has largely been neglected, new rules regarding women's rights in the workplace have recently been introduced.
The General Law for People with Disabilities established a legal framework to promote, protect and uphold the rights of disabled people. Peru has since taken several measures to ensure that the right of disabled employees to enjoy favourable work conditions is upheld, including introducing a legal quota for disabled employees and imposing new obligations on employers to make reasonable adjustments in the workplace.
A recent government decree requires employers to establish a nursing mother's milk extraction area that fulfils certain criteria at any workplace with 20 or more female employees of a fertile age (ie, between 15 years old and 49 years old). The purpose of the decree is to promote nursing and provide working mothers with facilities to express and preserve breast milk. Employers that fail to comply with the decree could face an inspection and a fine.