In the last moving quarter (June-August) of 2022, the female employed economically active population (PEA) increased by 11.3%. Approximately 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 any 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 reasons of “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 lactation. If these labor rights are violated, the workers can go to the sunafil to report the facts.
It should be noted that the rule specifies that, in order to consider a dismissal as null, it must be shown that the worker informed the company about her pregnancy status and presented the required documents (in many cases it is the certificate of temporary incapacity for work due to maternity issued by EsSalud or the medical certificate stating the probable date of delivery) prior to termination.
“If the dismissal occurs at any time during the gestation period or within 90 days after the birth, it is presumed that the dismissal is due to the pregnancy, the birth and its consequences, or breastfeeding. If the employer does not prove in these cases the existence of just cause to dismiss. The provisions of this subsection are applicable as long as the employer has been notified of the pregnancy prior to dismissal and does not undermine the employer’s power to dismiss for just cause”, can be read in article 49 of the aforementioned law.
What happens if I am on probation or have a part-time contract?
The law applies to both cases. If the worker is fired because she notified her employer of her pregnancy during the first three trial months (or if there is a longer period), the dismissal is null and void. Likewise, if this non-compliance by the counterparty occurs, the industrious party may file a judicial complaint and request reinstatement in office or compensation.
In the same way, if the person works less than four hours a day, the dismissal motivated by pregnancy, birth or breastfeeding will also be null and the respective compensation may be requested.
How to file a virtual complaint with Sunafil?
Users whose labor rights have been breached can make their virtual complaint through the Sunafil website in the section “Orientation, procedures and most visited services”. Once there, you must enter “Report labor breaches of a private company”.
The worker must fill in all the corresponding information, such as the RUC number of the company or DNI of the employer (when this is a natural person), the address of the work center. In addition, she must attach the documents that support her complaint, such as pay slips, employment contract, among others. It is also necessary for the complainant to provide her email address and a personal cell phone number.
In case there are doubts, Sunafil also provides advice. The service channels are the following: national toll-free line 0800-16872 or the Sunafil Responde labor query system, which can be found on the institutional portal (https://www.gob.pe/10017-realizar-consultas- labor-a-la-sunafil).