Know all about the trial period |The Law - The Legal Angle of the News

The trial period is time during which the worker has no protection against dismissal.This lack of protection is justified in the fact that the employer needs to evaluate the worker's suitability for the job.

The trial period is regulated by article 10 of the Law on Productivity and Labor Competitiveness (D.S.Nope. 003-97-TR) and articles 16 and following of its regulations (D.S.Nope. 001-96-TR).

Duration varies depending on the type of worker.For workers in general, it is 3 months.For trusted and qualified workers, you can prologize up to 6 months of starting the service.For management workers, the service can be prologue until the year started.

In the case of common workers (three -month proof period) it is not necessary.In the case of trustworthy, qualified and management workers, the extension does require express pact and to record in writing.

It applies to indeterminate work contracts (permanent workers) and also to contracts subject to modality (fixed term, for a certain or temporary time).

The only right that the limited trial period is that of protection against arbitrary dismissal.In this sense, the worker during the trial enjoys all labor and social security rights, according to the minimum times that each right demands.

Of course.The test worker is a worker for any legal effect, including the formal aspects of registration in the T-registration, and substantive aspects such as: assistance control, employer protection mustothers.

Yes, the trial period can be suspended (the term accounting does not take place) in those cases where the worker is absent and does not work;In cases such as: Temporary Incapacity for Work (Medical Rest), Pre and Post Natal Rest, Paternity Rest, Licenses and any other cause for suspension of the employment relationship provided for in the law.This is so, because if the worker does not work.

In case of worker's re -entry, the periods worked at each previous occasion are added until the trial period is completed.However, this accumulation does not correspond in the event that the re -entry has occurred to a notoriously and qualitatively different position from that previously occupied, or that there is 3 years after the cessation.

A major test period cannot be agreed to those established by law.The excess of the agreed proof will not have any legal effect.

The law has not provided for any specific formality, however, it is recommended that it be made in writing, pointing out that the cessation or separation is due to the fact of being the worker in the trial period.

The law does not require any requirement in motivating or supporting the cessation within the trial period.

By jurisprudential (Labor marriage Nope. 7095-2014-Lima, Nope. 5252-2014-Lima, Nope. 13509-2016-Tacna and Nope. 6051-2016- Arequipa) it was specified that the trial period should not serve the employer to checkPersonal or private circumstances of the worker, since the obligation arising from the employment contract has as an essence the performance of the work agreed diligently and in accordance with the rules of good work faith.

In this sense, cessation during the trial period should be based on aspects such as:

Law Nope. 31152 (01.04.2021) that has modified the Law on Productivity and Labor Competitiveness, has established that the working mother in a state of gestation or breastfeeding have protection against null dismissal during the trial period.

The law does not make any distinction by the manner or process of entry of the worker.Therefore, the fact that the worker has entered by selection or contest does not exempt it from the trial period.

There is no such contract.This should not be confused that, at any contract, permanent or modal, the trial period is applied.A modal contract cannot be justified or pretending that the justifying objective cause of said contract is the test period.

Nope.The receipts for fees are issued by the fourth category income of the Income Tax, which are paid in case of independent services benefits.The trial period is given in cases of dependent or subordinated workers.So the worker in the trial period must enter the form, receive remuneration that are considered as fifth category income, for which payment tickets are issued.

Yes, since there is employment relationship since the beginning of the provision of services.The only right that suspends the trial period is the protection against arbitrary dismissal.Therefore, the worker is a regular insured since the beginning of the employment relationship, and social security contributions (the same as the pension system) must be made (as well as the pension system).

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