Strikes in Peru: Requirements for a Legal Strike

What counts as a legal strike in Peru?

The right to strike is recognized in Article 28 of the Constitution, but it is not absolute: it must be exercised “in harmony with the social interest,” and it is spelled out in detail by the TUO de la Ley de Relaciones Colectivas de Trabajo (Supreme Decree N° 010-2003-TR) and its implementing regulation (D.S. N° 011-92-TR).

This distinction matters because not every work stoppage or protest is, legally speaking, a “strike.” If the requirements aren’t met, the labor authority can declare it improcedente (not admissible) or illegal, which leaves participants exposed to disciplinary sanctions and even a legally justified dismissal.

Requirements for a strike to be legal

Based on what was verified in Bulletin N° 63 published by Peru’s Ministry of Labor, which summarizes the TUO’s provisions, a private-sector strike must meet, among other things:

• A labor-related cause: it must aim to defend workers’ socioeconomic or professional interests (pay, working conditions, compliance with agreements) — not political goals unrelated to the employment relationship.
• Majority approval: the decision must be adopted according to the union’s bylaws and reflect the majority will of the affected workers, exercised voluntarily and peacefully.
• Actual work stoppage: a strike means stepping away from work; forms like occupying the workplace (“toma”) or deliberately slowing down work are not recognized as a legal strike.
• Written advance notice: the decision must be communicated to the employer and the Labor Authority, with a copy of the voting minutes attached, within a minimum lead time (see below).
• Essential services guaranteed: in activities classified as essential public services (health, energy, sanitation, transport, communications, among others), the minimum staff needed to prevent a total service interruption must remain on duty.

How much advance notice is required?

According to the same Ministry of Labor source, the reported notice period is 5 business days for regular activities and 10 days when the activity is an essential public service. It could not be verified against the full official text whether that second period is counted in calendar or business days, so if your activity might qualify as essential, it’s worth checking the implementing regulation (D.S. N° 011-92-TR) or consulting the Labor Authority before setting a date.

Are you paid during the strike?

The general rule, widely reported by labor law specialists, is “no work, no pay”: during a legal strike the employment relationship is suspended, so in principle no wages accrue for the days not worked, unless the employer and workers agree otherwise (for example, as part of the negotiation that led to the strike). This page could not confirm that point by reading the TUO’s full articles directly, so treat it as reported information rather than a verified direct quote.

Can the company hire replacements?

Specialist sources report that, with Supreme Decree N° 014-2022-TR, the Ministry of Labor reinforced the ban on employers letting staff (whether their own or contracted) replace striking workers, except for the minimum indispensable personnel required in essential services. This point comes from a secondary source and was not verified against the regulation’s full official text.

What to do if your strike was legal but you were sanctioned anyway

If you took part in a strike that met the requirements — labor cause, majority, and advance notice — and the company still dismissed or sanctioned you, it’s worth gathering all the evidence (assembly minutes, notice sent to the employer and the Ministry of Labor, any responses received) and considering a claim for unfair dismissal. You can also check how to file a complaint with SUNAFIL if the company breaches other obligations during the dispute.

Related frequently asked questions

If your strike is tied to a specific claim — say, unpaid overtime or pending labor benefits — also check overtime and working hours and how the final settlement of labor benefits is calculated, since many legal strikes in Peru originate precisely from this kind of unmet obligation.