What is the standard probation period for employees in Peru?

In Peru, the standard probation period is three (3) months. During this time, either party—the employee or the employer—may terminate the employment relationship without cause and without severance, provided all applicable legal conditions are met.


Termination During the Probation Period

While termination without cause is permitted during probation, employers must exercise caution. Terminations cannot be discriminatory or violate fundamental employee rights. Dismissals based on prohibited grounds may be deemed null and void under Article 29 of the Peruvian Labor Law (LPCL), exposing the employer to potential legal claims.


Extension of the Probation Period

The probation period may be extended up to a maximum of six (6) months, but only under specific conditions:

  • The extension must be justified, typically due to the nature of the role or the level of responsibility.

  • It is generally reserved for qualified positions, such as managerial, technical, or trusted roles.

  • Any extension must be clearly documented in the employment contract and supported by a valid business rationale.


Horizons' Approach

Horizons includes a three-month probation period by default in all standard employment agreements in Peru. If an extension is required, we support clients to:

  • Ensure there is appropriate legal justification

  • Reflect the extended period in the contract before signature

  • Maintain full compliance with Peruvian labor law and fair dismissal practices

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