Probationary period in Peru: when it ends and what protection you have

What is the probationary period and how long does it last?

The probationary period is the initial stretch of an employment relationship during which the employer evaluates your performance before full legal protection against dismissal kicks in. Article 10 of D.S. N° 003-97-TR (the consolidated text of the Labor Productivity and Competitiveness Law) states plainly: “El período de prueba es de tres meses, a cuyo término el trabajador alcanza derecho a la protección contra el despido arbitrario” (the probationary period is three months, at the end of which the worker gains the right to protection against arbitrary dismissal).

In other words, the general rule is 3 months counted from your first day of work. Before those three months are up, you don’t yet have the full right to demand compensation if you’re dismissed without a justified cause.

When does it extend to 6 or 12 months?

The same rule lets the employer and employee agree to a longer period, but only when the job genuinely requires training or an adaptation period. The maximum totals are:

• 6 months total (initial period plus extension) for qualified or trust employees (trabajadores calificados o de confianza).
• 12 months total for management personnel (personal de dirección — managers or staff with real decision-making power over the company).

The extension must be in writing in the contract. If your employer simply tells you verbally that “your probation is 6 months” without putting it in writing, or labels you “a trust employee” when in practice you do the same work as any other employee, that classification may be fraudulent and you can challenge it. Sources specializing in labor settlements specifically warn about this misuse of the “trust” or “management” label to artificially stretch out the probationary period and delay a worker’s job stability rights.

What protection do you have during probation?

During these months you don’t have full protection against unfair dismissal: the employer can end the relationship without stating a cause tied to your ability or conduct, and in principle you would not be entitled to the severance payment that applies once the probationary period is over.

That said, this doesn’t give the employer a blank check. Peru’s Constitutional Court has held in several rulings that the evaluation during probation must be reasonable and based on objective performance criteria, not a pretext to disguise a discriminatory dismissal, retaliation, or fraud. If a dismissal during probation actually conceals a void cause (for example, discrimination, pregnancy, or retaliation for a complaint), it can be challenged the same way any void dismissal would be, regardless of formally being within the probationary period.

Do CTS, bonuses, and vacation accrue during probation?

According to specialized sources on labor settlements (not verified directly against the legal text in this research, hence flagged as reported information), time worked during the probationary period does count toward your labor benefits:

• CTS (severance/time-of-service compensation): accrues from your start date; if you’re let go during probation, you’re owed the proportional (truncated) CTS for the months worked.
• Bonuses (gratificaciones) paid in July and December: accrue proportionally to time worked, even if that time falls entirely within the probationary period.
• Vacation: also accrues proportionally (roughly 2.5 days per month worked), and is paid out as truncated vacation if the relationship ends before completing a full year.

You can check the details of these three benefits in our guide to bonuses, CTS, and vacation, and how everything is calculated together when leaving a job in our guide to the final settlement of labor benefits.

What happens if the employer extends probation improperly?

If your contract states you’re on probation for longer than legally allowed for your type of position (for example, 6 months for a worker who isn’t qualified or trust-based), that extension exceeds what the law authorizes. In practice, this is usually challenged as a fraudulent job classification, and can support a claim that you should have had protection against arbitrary dismissal from the point the law would have recognized it (i.e., after 3 months, not the 6 or 12 the employer tried to impose without justification).

If you suspect this kind of practice, review your contractual situation and, if needed, file a complaint with SUNAFIL.

In summary

• The standard probationary period is 3 months.
• It can be extended in writing up to 6 months (qualified/trust) or 12 months (management), but only if the position genuinely justifies it.
• Only once the probationary period ends do you gain full protection against arbitrary dismissal.
• Labor benefits (CTS, bonuses, vacation) accrue proportionally even while on probation.
• A false “trust” or “management” label used to stretch out probation can be challenged.

If your employment contract is also a fixed-term contract on top of having a probationary period, also check when a fixed-term contract can become indefinite.

Are you an intern, not an employee on probation?

The probationary period in this article applies to workers under an employment contract, not interns under a pre-professional internship agreement, which follows different rules. Check pre-professional internship agreements in Peru: your rights as a practicante.