The part-time contract is a type of employment relationship that is beneficial for both the employer and the employee.
is beneficial for both the employer and the worker; part time job with benefits
Worker absences help the employer.
who work less than the regular working day, as well as those workers who, due to the
the regular working day, as well as those workers who for personal or family reasons have
personal or family reasons, have little time to perform subordinate work or who, by personal
subordinate work or who by personal choice wish to work for two or more employers.
employers or more.
The appropriate use of the part-time contract will generate for the employer higher productivity on the part of the employee.
the employer a greater productivity on the part of the worker, who in a shorter period of time will
will improve his or her performance and production in a shorter period of time.
will also generate for the worker a greater availability of time for personal life activities.
personal life activities.
The working day of a worker subject to a part-time contract, according to the case law
part-time contract, according to case law and Report 136-2018-MTPE/2/14.1, is characterized by the fact that the worker’s weekly
is characterized by the fact that the worker’s weekly working day divided by six (6) or five (5) hours.
(6) or five (5) days, as applicable, results in an average of less than four (4) hours per day.
four (4) hours per day. Part-time contracts must be written and may be indefinite.
Be a contract of indeterminate nature.
The Ministry of Labor and Employment Promotion has clarified that there is no percentage limitation for hiring part-time personnel.
percentage limitation to hire part-time personnel with respect to the total number of employees
The Ministry of Labor and Employment Promotion has clarified that there is no percentage limitation for hiring part-time personnel with respect to the total number of workers existing in the company.
The social and labor benefits that correspond to workers under a part-time contract are not
The social and labor benefits that correspond to workers subject to a part-time contract are all those that are not
whose requirement is not a minimum working day of 04 hours per day on average, in strict
Strictly speaking, the following benefits do not correspond to them:
The payment of compensation for time of services.
Compensation for arbitrary dismissal.
Vacation leave.
Our law states that employees are entitled to vacation time, but the following advantages are not.
Although it is true that our legislation indicates that in order to enjoy it, the worker must work a minimum of 04 hours a week.
worker must work a minimum of 04 hours per day on average, the OECD
average, the ILO Convention 52 (ratified by Peru) in its article 2, numeral 1, states that the
article 2, numeral 1, indicates that every worker has the right to a
paid rest of at least 06 days, and for this reason we suggest that the employer
that the employer grants such vacation rest and thus avoid legal contingencies in the future.
legal contingencies in the future.
As indicated in the preceding paragraph
the worker subject to a part-time contract has the right to receive a minimum of 6 days of paid leave.
part-time contract has the right to receive the following benefits
benefits:
Profit sharing.
Family allowance.
Christmas and national holiday bonuses.
Life insurance.
We consider it important to point out that the workers protected against arbitrary dismissal
against arbitrary dismissal are those whose workday consists of four or more hours per day on average.
four or more hours per day on average.
part-time workers are not protected against arbitrary dismissal.
protected against arbitrary dismissal.
This type of contract requires formality because if a part-time contract is not written, it is denaturalized and the consequences are
the consequence is that the worker will have the right to the payment of the compensation for time
the right to the payment of compensation for time of services, full vacation rest and will
vacation rest and will obtain protection against arbitrary dismissal.part time job with benefits
Finally
we reiterate that this type of contracting is advantageous for the employer, since it can
for the employer, since it can be more profitable, as well as for the worker, since the
for the employee, since working fewer hours would allow him/her to develop various recreational or educational activities outside of the
to develop various recreational or educational activities outside the work environment.
activities outside the work environment; emphasizing that the celebration of a part-time contract will always be of free
contract will always be of free will between the parties. part time job with benefits
