Countries › Peru › Guide › 16. What is normal abroad but not here › Working hours: 48 a week, voluntary overtime with a 25 to 35 percent premium

Working hours: 48 a week, voluntary overtime with a 25 to 35 percent premium

Last verified: 2026-10-29 · Status: Stable

Abroad salaried staff often work open ended hours; in Peru the ordinary maximum is 8 hours a day or 48 a week, and overtime is voluntary and paid with at least 25 percent extra for the first two hours and 35 percent after that. Work on the weekly rest day or a public holiday without a substitute day pays a 100 percent surcharge, and night workers cannot earn less than the minimum wage plus 35 percent. Managers, unsupervised staff and intermittent watch or custody work are outside the maximum, and employers must record overtime.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

Maximum ordinary working day	8 hoursDS 007-2002-TR art. 1, as of 2026-10-29 · in force
Maximum ordinary working week	48 hoursDS 007-2002-TR art. 1, as of 2026-10-29 · in force
Overtime premium, first two hours	25 %DS 007-2002-TR art. 10, as of 2026-10-29 · in force
Overtime premium, after two hours	35 %DS 007-2002-TR art. 10, as of 2026-10-29 · in force
Night work floor above the minimum wage	35 %DS 007-2002-TR art. 8, as of 2026-10-29 · in force
Surcharge for work on rest day or holiday without substitute day	100 %DL 713 art. 3 and 9, as of 2026-10-29 · in force

The rule

1. The ordinary working day for adults is at most 8 hours a day or 48 hours a week; a shorter day can be set by law, agreement or the employer. Exceeding the maximum is a serious (third degree) infringement. Management staff, workers not subject to immediate supervision and those providing intermittent waiting, watch or custody services are outside the maximum.
Cost to do it: Hours above 48 must be paid as overtime.
Example: A five day schedule of 9 hours 36 minutes a day keeps within 48 hours a week under a compensatory schedule.Decreto Supremo Nº 007-2002-TR, TUO del Decreto Legislativo Nº 854, Ley de Jornada de Trabajo, Horario y Trabajo en Sobretiempo, modified by Ley Nº 27671 (El Peruano 4 July 2002), Art. 1 and 5, 2002-07-04 official text · verified 2026-10-29

2. Overtime is voluntary both to offer and to work, except in emergencies that put people, property or continuity of production at imminent risk. Imposed overtime is an infringement and the employer must pay the worker an indemnity of 100 percent of the overtime value. Overtime proven to have been worked is deemed tacitly authorised and must be paid.
Cost to do it: Overtime premium, plus 100 percent indemnity if imposed.
Example: An employee shown to have stayed late every day without written authorisation is still owed the overtime.Decreto Supremo Nº 007-2002-TR, Art. 9, 2002-07-04 official text · verified 2026-10-29

3. Time worked beyond the daily or weekly maximum is overtime, paid with a premium of at least 25 percent of the hourly value for the first two hours and 35 percent for the following hours; the hourly value is one day's pay divided by the hours of the worker's day. Overtime can be compensated with equivalent rest by agreement, and employers must record it with reliable means.
Cost to do it: 25 percent premium for the first two hours, 35 percent after.
Example: A worker paid S/ 120 for an 8 hour day has an hourly value of S/ 15.00; three hours of overtime pay 2 x S/ 18.75 plus 1 x S/ 20.25, S/ 57.75. / About US$16.73.Decreto Supremo Nº 007-2002-TR; Decreto Supremo Nº 012-2002-TR (9 August 2002) on daily computation, Art. 10, 10-A and 12, 2002-07-04 official text · verified 2026-10-29

4. Night work is time between 10 p.m. and 6 a.m.; a worker on night hours cannot receive less than the monthly minimum wage in force with a 35 percent surcharge. The meal break in continuous schedules is at least 45 minutes and is not part of the working day unless a collective agreement says so.
Cost to do it: Minimum pay for night workers 35 percent above the minimum wage.
Example: With the minimum wage at S/ 1,230 from 1 October 2026 (DS 015-2026-TR), the night work floor is S/ 1,660.50 a month. / About US$481.03.Decreto Supremo Nº 007-2002-TR, Art. 7 and 8, 2002-07-04 official text · verified 2026-10-29

5. Workers are entitled to at least 24 consecutive hours of rest each week, preferably on Sunday, and to their ordinary pay for public holidays. Those who work on their rest day without a substitute day in the same week, or on a public holiday without a substitute rest day, receive the pay for the work done plus a 100 percent surcharge.
Cost to do it: Double pay for rest day or holiday work.
Example: A worker on S/ 120 a day who works a public holiday without a replacement day off receives S/ 120 plus S/ 120 extra on top of the normal holiday pay. / About US$69.52 for the day worked.Decreto Legislativo Nº 713, Descansos remunerados (8 November 1991), Art. 1, 3, 8 and 9, 1991-11-08 official text · verified 2026-10-29

Overtime hours in the day	Premium pay	Total in soles	Total in USD
1	S/ 18.75	S/ 18.75	US$5.43
2	2 x S/ 18.75	S/ 37.50	US$10.86
3	2 x S/ 18.75 + S/ 20.25	S/ 57.75	US$16.73
4	2 x S/ 18.75 + 2 x S/ 20.25	S/ 78.00	US$22.60

Overtime for a worker paid S/ 120 for an 8 hour day (hourly value S/ 15; USD at S/ 3.452)

Worked example

Night shift floor: S/ 1,230 x 1.35 = S/ 1,660.50 a month, about US$481.03.

Step by step

Set ordinary schedules within 8 hours a day or 48 a week, or an averaged compensatory schedule.
Give eight days' notice to the union or workers before changing working days, shifts or schedules (DS 007-2002-TR art. 2).
Put in place a reliable time recording system and pay overtime monthly at 25 and 35 percent.
Classify management and unsupervised positions carefully and document why they are outside the maximum.
Pay rest day and holiday work at double unless a substitute day off is given in the same week.

Common traps

Overtime worked without written approval is still owed if the worker proves it.
Labelling a job as managerial does not remove it from the maximum if the person is in fact supervised.
A broken or missing time record does not prevent overtime claims; it only weakens the employer's defence.
Imposing overtime adds a 100 percent indemnity on top of the overtime pay.

Sources

← Foreign staff are capped at 20 percent of headcount and 30 percent of payrollThirty calendar days of paid vacation, with a triple penalty if not taken →

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