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Truncated vacation pay in Peru: how it's calculated when you leave a job

Short answer

When you leave, you're owed proportional truncated vacation pay (twelfths and thirtieths) for the incomplete year you worked, and if you already had a full year without taking your rest, you're also owed the so-called 'triple vacation payment' for that unused period.

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  • 2official institutions

Ministry of Labour · Peruvian State portal (gob.pe)

Checked 21 Sept 2026Next review 21 Dec 2026

What is still unverifiedThe full text of Legislative Decree N° 713 could not be read directly on El Peruano or SPIJ (the available links either returned no readable text or were blocked by robots.txt). What was read directly were the implementing regulation (Supreme Decree N° 012-92-TR, on mintra.gob.pe) and two official MTPE guides that cite and apply D.L. 713. Also, the '2.5 days per month' figure that circulates online is an arithmetic simplification (30 days ÷ 12 months); the actual rule calculates the truncated record as twelfths and thirtieths of pay (not as accumulated days), so the outcome is usually equivalent in practice but is not literally what the legal text says. The exact scope of the 'triple vacation payment' (whether employers pay two or three additional salaries in practice) was corroborated with specialized secondary sources, not with directly reviewed case law.

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What is truncated vacation pay?

Truncated vacation pay (“vacaciones truncas”) is the proportional payment you’re owed for time worked during a vacation period that was left incomplete because your employment ended before you reached a full year of service. Unlike the “normal” vacation rest (30 calendar days per completed year), here you’re paid only for the portion you actually accrued.

This is a different concept — though often confused with — unused vacation from a year you already completed, which is covered in more detail on bonuses, CTS and vacation in Peru. This page focuses specifically on what happens to vacation pay when you leave a job.

The formula: twelfths and thirtieths

Under the regulation of Legislative Decree N° 713 (Supreme Decree N° 012-92-TR, Article 23), the truncated record is compensated “at a rate of as many twelfths and thirtieths of pay as computable months and days worked.” In plain terms:

  • For each full month worked in the incomplete period: 1/12 of your vacation pay.
  • For each leftover day beyond a full month: 1/30 of that same pay.
  • Minimum requirement: you must have completed at least one month of service; if you worked less than a month, this right doesn’t arise.

Many websites summarize this by saying you “accrue 2.5 vacation days per month worked” (30 days ÷ 12 months). That’s a useful way to visualize it, but the rule actually calculates the payment as a fraction of your pay, not as accumulated days later multiplied by a daily rate — in most cases the result is equivalent either way.

Truncated vacation vs. the “triple vacation payment”: the most common mix-up

Here’s the point that gets confused most often:

  1. Truncated vacation: applies when you left before completing a full year of service in the current period. Only the proportional share (twelfths and thirtieths) is paid, with no additional indemnity.
  2. Unused vacation record (“triple vacation payment”): applies when you did complete a full year of service and earned the right to 30 days of rest, but didn’t take it within the following year. In that case, the MTPE’s official FAQ manual states the employer must pay three items: one salary for the work performed during that period (normally already paid as regular monthly wages), another for the accrued but unused rest, and an additional indemnity equal to one salary. In practice, this usually amounts to two extra payments, since the first was already received as regular pay.

One important exception: the indemnity does not apply to managers or company representatives who voluntarily chose not to take their vacation rest.

If, when you leave, both situations apply to you — an unused, completed vacation record from a prior year, plus an incomplete current-year period — you’re owed both concepts independently.

When and how should it be paid?

According to the official MTPE guide on vacation rest, payment of the truncated record must be made within 48 hours of termination, generally together with the rest of your final settlement of labor benefits. If your employer doesn’t comply, you can claim directly and, if necessary, file a complaint with SUNAFIL. See how to file a complaint with SUNAFIL and, if you’re worried about your old employer finding out, check whether a SUNAFIL complaint is anonymous.

What if your contract ended by mutual agreement?

If you left through a mutual-agreement termination, truncated vacation and any unused vacation record still must be settled; they aren’t waived just because you signed a separation agreement. See what other clauses deserve a close look in mutual agreement termination in Peru: what to sign and what not to.

How to file

  1. Review your full vacation recordGather your pay slips and your start date. Figure out whether you completed any full calendar year of service without taking the corresponding rest (this creates an 'unused vacation record') and how many months and days you worked in the period that was left incomplete when you left (this creates 'truncated vacation').
  2. Calculate the proportional amount (twelfths and thirtieths)For each full month worked in the incomplete period, you're owed one-twelfth (1/12) of your vacation pay; for leftover days that don't add up to a full month, one-thirtieth (1/30) per day. You must have at least one full month of service for this payment to apply at all.
  3. Check whether you also have a 'triple vacation payment' owedIf at some point you completed a full year of service and the vacation you earned was not taken within the following year, that's a separate concept: as a general rule you're owed three payments (one already paid as regular salary for work performed, one for the unused rest, and an additional indemnity). Managers or company representatives who voluntarily chose not to take their rest are not entitled to the indemnity.
  4. Make sure it's included in your final settlementPayment of truncated vacation and, if applicable, the unused vacation record, must be included in your final settlement of labor benefits when you leave, within 48 hours according to the official MTPE guide.
  5. File a complaint with SUNAFIL if you're not paidIf your former employer doesn't include these amounts in your settlement or refuses to pay, you can file a complaint with SUNAFIL, the agency responsible for enforcing labor law compliance.

What people fail to ask in time

Does the time you spent on probation count toward your vacation record?

Find out before it matters →

What most people believe — and what the law says

The belief

If I worked less than a year, I'm not owed any vacation pay.

The law

You are owed a proportional payment (truncated vacation), calculated in twelfths and thirtieths, as long as you worked at least one full month.

The belief

Truncated vacation and the triple vacation payment are the same thing.

The law

They're different concepts: truncated vacation is the proportional share of an incomplete year; the triple vacation payment is the indemnity owed when you already completed a full year of service and didn't take your rest on time.

The belief

My employer can pay my truncated vacation whenever it's convenient for them.

The law

According to the official MTPE guide, payment must be made together with your final settlement, within 48 hours of your termination.

Frequently asked questions

Am I entitled to truncated vacation pay if I worked less than a month before leaving?

No. Article 23 of Supreme Decree N° 012-92-TR requires proof of at least one month of service for the truncated vacation record to be paid. If you worked less than a month, this right does not arise.

Do managers or company representatives qualify for the 'triple vacation' payment?

Only partially. According to the MTPE's official labor FAQ manual, managers or representatives who voluntarily chose not to take their vacation rest are not entitled to the additional indemnity that forms part of the triple vacation payment.

If I have both an unused vacation record from a prior year and truncated vacation from the current year when I leave, do I get paid for both?

Yes. They are independent concepts: if you completed a full year of service without taking your rest period and also left an incomplete period when you resigned or were let go, you are entitled to be paid for both separately.

What should I do if my former employer doesn't include truncated vacation pay in my final settlement?

You can claim it directly, and if you get no response, file a complaint with SUNAFIL, the agency responsible for enforcing labor law compliance in Peru.

The exact law

Supreme Decree N° 012-92-TR, Regulation of Legislative Decree N° 713Article 23read

Regulation of the Law governing paid rest periods for workers under the private-sector labor regime

«Para que proceda el abono de récord trunco vacacional el trabajador debe acreditar un mes de servicios a su empleador. Cumplido este requisito el récord trunco será compensado a razón de tantos dozavos y treintavos de la remuneración como meses y días computables hubiera laborado, respectivamente.»
✓ Article read directly in the official sourcePublished 3 December 1992Open official text →

Legislative Decree N° 713, Law on paid rest periods for workers under the private-sector labor regimeOfficial guide applying the truncated-record rule and distinguishing unused vacationread

El descanso vacacional - Guía

«El récord trunco será compensado a razón de tantos dozavos y treintavos de la remuneración como meses y días computables hubiere laborado, respectivamente. El abono de las vacaciones truncas se efectúa dentro de las cuarenta y ocho (48) horas de cese.»
✓ Article read directly in the official sourcePublished 1 January 2023Open official text →

Legislative Decree N° 713 - MTPE Manual de preguntas frecuentes laboralesSection VIII, questions 10 and 12 (unused vacation record and truncated vacation)read

Manual de preguntas frecuentes laborales

«Si un trabajador no goza de sus vacaciones en el año que corresponde hacerlo, el empleador deberá pagarle una remuneración por el trabajo realizado; otra por el descanso vacacional adquirido y no gozado; y, adicionalmente una indemnización equivalente a una remuneración por no haber disfrutado del descanso. [...] Son vacaciones truncas aquellas que se dan cuando el trabajador ha cesado sin haber cumplido con el requisito de un año»
✓ Article read directly in the official sourcePublished 1 January 2021Open official text →

Also searched as: How is truncated vacation pay calculated when you resign or are dismissed? · What's the difference between truncated vacation and unused vacation (vacation record)? · Is truncated vacation the same as the triple vacation payment? · How soon should I receive my truncated vacation payment? · Are managers also entitled to the indemnity for unused vacation?

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What this page does not give you yetThe full text of Legislative Decree N° 713 could not be read directly on El Peruano or SPIJ (the available links either returned no readable text or were blocked by robots.txt). What was read directly were the implementing regulation (Supreme Decree N° 012-92-TR, on mintra.gob.pe) and two official MTPE guides that cite and apply D.L. 713. Also, the '2.5 days per month' figure that circulates online is an arithmetic simplification (30 days ÷ 12 months); the actual rule calculates the truncated record as twelfths and thirtieths of pay (not as accumulated days), so the outcome is usually equivalent in practice but is not literally what the legal text says. The exact scope of the 'triple vacation payment' (whether employers pay two or three additional salaries in practice) was corroborated with specialized secondary sources, not with directly reviewed case law. See the sources ↑