Which benefits change if you work part time in Peru?
A part-time contract is valid with no hour limit, but the law draws a line at an average of four hours a day: only at or above that threshold do you get CTS severance savings, paid vacation, and protection requiring your employer to show just cause to fire you.
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Congress of Peru · Peruvian State portal (gob.pe)
Checked 1 Oct 2026Next review 27 Mar 2027
A part-time contract is valid with no hour limit
Article 4 of the LPCL (Supreme Decree N.° 003-97-TR) is direct: alongside indefinite-term contracts and fixed-term contracts, “written part-time contracts can also be entered into with no limitation whatsoever.” There’s no hour floor or ceiling that bars it. What does change, depending on how many hours you average, is which benefits package you’re entitled to.
The threshold that decides everything: an average of four hours a day
Three separate laws — the CTS severance-savings law, the vacation regulation, and the LPCL itself — land on the same number: an average of four hours a day. That’s the point where three specific benefits switch on or off:
| Benefit | Requires a 4-hour daily average? |
|---|---|
| CTS (severance savings) | Yes |
| Paid vacation | Yes |
| Protection against arbitrary dismissal (just cause) | Yes, per employer |
| Mandatory weekly rest day | No — paid proportionally to days worked |
The right to CTS: Article 4 of its own law
The Consolidated Text of the CTS Law (Supreme Decree N.° 001-97-TR) sets the threshold in its Article 4: “Only workers subject to the common private-sector labor regime who work, on average, a minimum daily workday of four hours are covered by the severance-savings benefit.” If your average workday falls short of four hours, you’re not entitled to the twice-yearly CTS deposit.
The right to paid vacation: Article 11 of the regulation
The regulation for Legislative Decree N.° 713, on paid rest days (Supreme Decree N.° 012-92-TR), draws the same line for vacation: “Workers who meet a minimum ordinary workday of four (04) hours are entitled to vacation leave, provided they also met the attendance record required by Article 10 of the Legislative Decree within the year of service.” That’s two requirements at once: the four-hour minimum workday, and the year’s attendance record.
Protection against arbitrary dismissal: Article 22 of the LPCL
This is the least-known benefit. Article 22 of the LPCL says that “to dismiss a worker subject to the private-sector regime who works four or more hours a day for the same employer, a just cause established by law and duly proven is indispensable.” Read that carefully: the just-cause requirement — and with it, the path to claim severance if you’re fired without one — runs per employer, not added up across several jobs.
Below four hours a day for that same employer, this particular rule doesn’t reach you: the employer isn’t required to prove just cause to end the relationship under this article.
What doesn’t depend on the four hours
Not everything is lost below the threshold. The same paid-rest-days regulation, in its Article 1, pays the mandatory weekly rest day “directly proportional to the number of days actually worked,” with no daily-hours minimum required. Other benefits — such as the July and December bonuses or EsSalud coverage — weren’t reviewed on this page because we couldn’t read their governing texts directly this time; if one of those affects you, verify it separately rather than assuming the same four-hour rule applies.
Foreigners and businesses
Nothing in these rules distinguishes by nationality: a foreigner authorized to work in Peru is subject to exactly the same part-time rules as a Peruvian. For businesses, the risk of labeling someone “part time” when their real schedule exceeds four hours isn’t just a Sunafil fine — it also exposes the company to a judge recognizing, based on the hours actually worked, the CTS, vacation, and severance rights the contract tried to deny.
How to file
- Calculate your average daily workdayAdd up the hours you worked in a representative week and divide by the days you worked. Compare that average to the four-hour threshold.
- Check your contract and pay stubsVerify whether your contract says "part time" and what schedule it declares. Compare it to the schedule you actually work.
- Keep your own record of hoursIf there's no attendance system, or you believe your real schedule exceeds four hours even though the contract says otherwise, log your own start and end times every day.
- File a written claim, then report to Sunafil if it goes unansweredSend HR an email with the dates and your average-hours calculation. If the company doesn't correct unpaid CTS or vacation, you can file a free online complaint.
- If you're fired without cause and work 4+ hours, sue in courtSunafil's fine doesn't pay you the severance. See the guide to arbitrary dismissal for the process and deadlines.
What people fail to ask in time
Do you know how much your employer risks in Sunafil fines for denying you CTS or vacation you're actually owed?
Find out before it matters →What most people believe — and what the law says
A part-time contract is illegal, or can only be used for very few hours.
No. Article 4 of the LPCL says employers "can also enter into written part-time contracts with no limitation whatsoever." There's no hour ceiling or floor that bars it. What changes with your hours is which benefits package you're entitled to.
If I work less than four hours a day, I lose all my labor rights.
You don't lose everything. You specifically lose the right to CTS savings, paid vacation, and to require your employer to show just cause before firing you. The mandatory weekly rest day, for example, is paid proportionally to the days you actually worked, with no daily-hours minimum.
If I work exactly four hours a day, I still fall short of the threshold.
You don't. The rules say "four hours or more" and a "minimum daily workday of four hours": exactly four hours already counts in your favor, you don't need to exceed it.
If I work four hours split between two different employers, the hours add up and I get protection against arbitrary dismissal at both jobs.
Article 22 of the LPCL requires four or more hours "for the same employer." Hours from different employers don't add up — each employment relationship is evaluated separately.
Frequently asked questions
How is the four-hour daily average calculated if my schedule varies week to week?
The rules we read set the threshold at four hours "on average," but don't spell out the calculation method for a variable schedule — that detail lives in the specific regulation for part-time contracts, which we couldn't verify against a direct official source this time. In the meantime, keep your own record of the hours you actually work each day: it's your best evidence if you ever need to show you cross the threshold.
Am I entitled to the July and December bonuses (gratificaciones) if I work part time?
This page didn't verify the text of the bonuses law this time, so we don't state an answer here. What we did confirm from official sources are the three benefits that specifically hinge on the four-hour threshold: CTS savings, paid vacation, and severance for arbitrary dismissal.
If I work less than four hours and get fired overnight, is there nothing I can do?
Article 22 of the LPCL, which requires a proven just cause for dismissal, protects workers who work four or more hours for the same employer. Below that threshold, your employer isn't required by this specific rule to prove just cause to end the relationship.
What if my contract says "part time" but in practice I work more than four hours?
For these three benefits, what counts is the schedule you actually work, not the label on the contract. If your real average is four hours a day or more, keep proof of your actual hours — time clock records, messages, posted schedules. That's what backs your claim, regardless of what the paper says.
Are CTS and vacation calculated differently for part-time workers who cross the four-hour threshold?
This page doesn't cover how the amount is calculated — it only confirms whether you're entitled to the benefit at all, based on your hours. For how CTS and vacation amounts are calculated, see the general guide to bonuses, CTS, and vacation.
The exact law
Supreme Decree N.° 003-97-TRArticle 4read
Consolidated Text of Legislative Decree N.° 728, Labor Productivity and Competitiveness Law — part-time contracts
«También puede celebrarse por escrito contratos en régimen de tiempo parcial sin limitación alguna.»
↳Article 22read
Consolidated Text of Legislative Decree N.° 728, Labor Productivity and Competitiveness Law — just cause for dismissal
«Para el despido de un trabajador sujeto a régimen de la actividad privada, que labore cuatro o más horas diarias para un mismo empleador, es indispensable la existencia de causa justa contemplada en la ley y debidamente comprobada.»
Supreme Decree N.° 001-97-TRArticle 4read
Consolidated Text of the CTS Severance Savings Law — workers covered
«Sólo están comprendidos en el beneficio de la compensación por tiempo de servicios los trabajadores sujetos al régimen laboral común de la actividad privada que cumplan, cuando menos en promedio, una jornada mínima diaria de cuatro horas.»
Supreme Decree N.° 012-92-TRArticle 11read
Regulations of Legislative Decree N.° 713, on paid rest days — vacation right tied to hours worked
«Tienen derecho a descanso vacacional el trabajador que cumpla una jornada ordinaria mínima de cuatro (04) horas, siempre que haya cumplido dentro del año de servicios, el récord previsto en el Artículo 10. del Decreto Legislativo.»
↳Article 1read
Regulations of Legislative Decree N.° 713 — pay for the mandatory weekly rest day, with no minimum-hours requirement
«La remuneración por el día de descanso obligatorio de los trabajadores remunerados semanalmente es equivalente a la de una jornada ordinaria y se abonará en forma directamente proporcional al número de días efectivamente trabajados en dicho período.»
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order