Search for:

In brief

Supreme Decree No. 179-2021-PCM stipulates as follows: “14.7. From 10 December 2021, any person who performs on-site work must provide proof of their complete vaccination against COVID-19, vaccines administered both in Peru and abroad being valid.

In the case of service providers of private activity that do not have complete vaccination, they must provide services through the modality of remote work. When the nature of the work performed is not compatible with the remote modality, the event of suspension of the work contract, without pay, will be understood in accordance with the first paragraph of article 11 and the literal ll) of article 12 of the Unique Text of Decree No. 728, Law of Productivity and Competitiveness, approved by Supreme Decree No. 003-97-TR, unless the parties agree on the imperfect suspension of the employment relationship. By ministerial decision, the Ministry of Health, in coordination with the Ministry of Labor and Employment Promotion, may establish exceptions and supplementary provisions. It is the obligation of the employer to verify compliance with the aforementioned provisions.”

What does this legal provision mean?

  • As of 10 December, employers may only allow workers who have completed their vaccination to enter the workplace. 
  • Regarding the consequences for workers who refuse to be vaccinated:
    1. If the unvaccinated worker can perform remote work, they must provide services under this modality, without affecting their employment relationship.
    2. When remote work is not possible due to the nature of their activities, the employer may suspend the payment of remuneration. If the parties so agree, a paid leave may be agreed upon.
    3. Exceptions may be made by the Ministry of Labor at a later date.
    4. There is no regulation on the possibility of sanctioning staff who do not wish to be vaccinated.

We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.


Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner or equivalent in such a law firm. Similarly, reference to an “office”, means an office of any such law firm. 

Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

@2021 Estudio Echecopar
All rights reserved.

No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.


Luis Miguel has a solid background in labor law, law of labor proceeding, social security, immigration, constitutional law and arbitration. He has an extensive experience advising on labor, pensions and immigration matters.He has participated as attorney in labor and constitutional processes, as well as administrative procedures and arbitration supporting private and public entities.


Monica Pizzaro is a lawyer with experience in advising on labor, pension and social security law to public and private companies and state institutions, as well as in sponsorship in judicial processes. She has been a consultant for the Gender and Employment Program of the International Labor Organization (ILO) and the Academy of the Magistracy, as well as undergraduate and postgraduate teaching at various universities. She is president of the Peruvian Society of Labor and Social Security Law.


Karen focuses on labor law, safety and health at work, labor litigation, administrative procedures and immigration law. She has extensive experience in matters related to the implementation and compliance of health and safety at work systems; as well as assisting clients concerning the application of local labor standards.

Write A Comment