In the last rolling quarter (June-August) of 2022, the female employed labor force (PEA) increased by 11.3%. About 232,000 more women have joined the labor market in metropolitan Lima compared to 2021, according to figures from the Ministry of Labor and Employment Promotion (MTPE).
Due to the growing demand for women in the sector, it is important to know the labor rights that protect them. We tell you in the following note what the law establishes about pregnancies and breastfeeding periods, as well as what the employer is prohibited in these cases. In addition, find out about the complaint mechanisms available in the event of irregularity by the National Superintendence of Labor Inspection (Sunafil).
Can my employer fire me if I’m pregnant?
No. According to article 29 of law 30367, dismissal for “pregnancy, childbirth and its consequences, or breastfeeding” is prohibited. The rule extends to ninety days after birth. In addition, the employer is prevented from renewing the employment contract for reasons related to pregnancy or breastfeeding. If these labor rights are violated, workers can go to the sunafil report the facts.
It should be noted that the rule specifies that, in order to consider a dismissal as void, it must be demonstrated that the worker informed the company of her state of pregnancy and presented the required documents (in many cases this is the certificate of temporary incapacity for work due to maternity issued by EsSalud or the medical certificate mentioning the probable date of delivery) before the break.
“If the dismissal occurs at any time during the gestation period or within 90 days of delivery, it is presumed that the dismissal is due to pregnancy, childbirth and its consequences, or ‘feeding with milk. If the employer does not prove in these cases the existence of a just cause for dismissal. The provisions of this sub-section are applicable as long as the employer has been informed of the pregnancy before the dismissal and does not affect his power to dismiss for just cause”, one can read in article 49 of the aforementioned law.
What happens if I am on a trial period or if I have a part-time contract?
The law applies to both cases. If the worker is dismissed because she informed her employer of her pregnancy during the first three months of the trial (or if there is a longer period), the dismissal is null and void. Similarly, if this failure on the part of the counterparty occurs, the industrious party may file a complaint in court and request his reinstatement in his duties or compensation.
Likewise, if the person works less than four hours a day, the dismissal motivated by pregnancy, childbirth or breastfeeding will also be null and the corresponding compensation may be requested.
How do I file a virtual complaint with Sunafil?
Users whose labor rights have been violated can file their virtual complaint through the Sunafil website in the section “Orientation, procedures and most visited services”. Once there, you must enter “Reporting a Private Company’s Labor Law Violations”.
The worker must fill in all the corresponding information, such as the RUC number of the company or the DNI of the employer (when it is a natural person), the address of the work center. In addition, you must attach the documents supporting your claim, such as payment slips, employment contract, among others. It is also necessary for the complainant to provide her email and a personal mobile number.
In case of doubt, Sunafil also provides advice. The service channels are as follows: the national free line 0800-16872 or the Sunafil Responde labor request system, which can be found on the institutional portal (https://www.gob.pe/10017- realizar-consultas-labor-a-la-sunafil).