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If I am a mother in Peru, what are my labor rights and what licenses can I request?

If I am a mother in Peru, what are my labor rights and what licenses can I request?

In our country, women face various economic barriers that become more acute in periods of recession or low growth in the gross domestic product (GDP). Many of them are subject to precarious situations, poorly paid jobs or unemployment. According to the National Institute of Statistics and Informatics, the incidence of informal employment among Peruvian women amounts to 75.8%.

Likewise, of the more than 8 million mothers in our country, 31.7% are unemployed and 68.3% of them are part of the economically active population (EAP). For this reason, it is essential that all parents know their rights, the paid leave they can request and the mechanisms to report a case of non-compliance with employment. Check all the details regarding International Women’s Day.

Women’s Day: what are the labor rights of working mothers?

In recent years there has been an increase in legislative regulation to protect women who work in Peru. However, this is insufficient to guarantee respect for their labor rights, since there are still practices of discrimination or violence at work. To address in more detail the employability situation of women in our country and especially mothers, we spoke with Pamela Duffy, partner in the labor area of ​​Dentons Peru.

We need to reduce informality at work. More than 70% of Peruvians have informal employment and the employability rate in the case of women is very high. Of approximately 100% of working women, 75% have informal work, which is synonymous with precariousness, because it is not registered and does not have coverage or social protection.“he explained.

Likewise, the labor lawyer detailed the regulations that provide special protection to working mothers:

Right to breastfeeding

According to Law 27240, working mothers have the right to one hour of leave per day for Breastfeeding, until your child is 1 year old, which is independent of the time of use of the institutional breastfeeding during work hours. In this sense, all public and private sector institutions where at least 20 women of childbearing age work must implement an adequate space within the work center for working mothers to express their breast milk and ensure its adequate conservation.

Pre- and postnatal rest

As established in Law 30367, working women have the right to 49 days of prenatal rest and another 49 days of postnatal rest, which can be taken on a deferred, partial or total basis. It all depends on the decision of the mother, who must notify her employer no less than two months before the delivery date.

Protection against null dismissal

The dismissal of a worker is void when it is for reasons of discrimination based on her sex, due to her state of pregnancy, the birth of her child or during the breastfeeding period. All of this is established in article 6 of Law 30709, which prohibits remuneration discrimination between men and women.

Protection of pregnant women in risk situations

In accordance with Law 31051, which expands labor protection measures for pregnant women, the employer is obliged to assign them tasks that do not put their health or the normal development of the fetus at risk. In addition, they must return to their ordinary duties when the risk situations that motivated the change of position disappear. Finally, it must implement necessary measures to prevent the exposure of these pregnant or breastfeeding workers to dangerous work.

What paid leave can working mothers request?

According to Pamela Duffy, from Dentons Peru, these are the work licenses that working mothers in Peru can request:

Maternity leave

Workers who are mothers have the right to enjoy a paid rest period due to the birth of their child. Its duration, as established in Law 26644, is 49 days of prenatal rest and 49 days of postnatal rest, and can be extended to 30 more days in the case of multiple births or the birth of children with disabilities.

In the case of those insured in EsSalud, they are entitled to a subsidy that is given to the mother of the newborn and is equivalent to S/820 per infant. When a multiple birth occurs, the subsidy is awarded individually. That is, if we talk about the birth of twins, a bonus of S/1,640 corresponds.

Adoption leave

A working woman who wants to be a mother has the right to paid leave corresponding to 30 calendar days, as long as the child to be adopted is not more than 12 years old.

Leave for workers in charge of a minor with cancer

Law 31041 grants in an extraordinary and unique way the right to obtain paid leave for a period of up to one year when the worker has the responsibility of caring for a child, child or adolescent under 18 years of age who has been diagnosed with cancer by a medical specialist.

Source: Larepublica

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