Overtime and Break Laws in Peru (2026)
TUO del D. Leg. 854, Ley de Jornada de Trabajo, Horario y Trabajo en Sobretiempo (D.S. 007-2002-TR) and its regulation (D.S. 008-2002-TR) · Reviewed 2026-10 · Private-sector employees
Overtime
At least 25% extra for the first 2 overtime hours in a day and 35% for each hour after that.
Breaks and lunch
At least 45 minutes for a meal (refrigerio) in a continuous shift. Not part of working time, so unpaid unless a collective agreement says otherwise.
Overtime in Peru
- 1.25x pay for hours past 8 in a day.
- 1.35x pay for hours past 10 in a day.
- Overtime is work past the ordinary daily schedule, even if that schedule is shorter than 8 hours. Max ordinary hours are 8 a day or 48 a week.
- The day 10 row assumes an 8-hour schedule; for shorter schedules, the 35% tier starts after the 2nd overtime hour.
- Overtime is voluntary. By written agreement it can be offset with equal rest time within the next calendar month.
- Excluded: management staff (dirección), intermittent standby or security workers, and workers not under immediate supervision.
Averaging over a pay period: Not allowed (OT can be compensated with equivalent rest by written agreement)
What two weeks of work come to
Worked out by the rule above (1.25x after 8h in a day, 1.35x after 10h in a day). Hours.
| Two weeks of | Regular | Overtime (1.25x) | At 1.35x |
|---|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 | 0 |
| 6 days of 9 hours, two weeks (108h) | 96 | 12 | 0 |
| 50 hours, then 30 hours (80h) | 70 | 10 | 0 |
Breaks and lunch in Peru
- Meal break: 1 × 45 minutes, unpaid, on any shift.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | 1 × 45 min, unpaid |
| 6 hours | None | 1 × 45 min, unpaid |
| 8 hours | None | 1 × 45 min, unpaid |
| 10 hours | None | 1 × 45 min, unpaid |
| 12 hours | None | 1 × 45 min, unpaid |
- Applies to any horario corrido (continuous shift), with no hour threshold, modeled as afterHours 0.
- SUNAFIL plenary precedent (2024): the refrigerio must fall within the workday, not at its start or end, and cannot be waived.
- Weekly rest of at least 24 consecutive hours, preferably Sunday.
Pay by Peru rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Peru: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
Start freeOfficial sources
Frequently asked questions
What is the overtime rule in Peru?
At least 25% extra for the first 2 overtime hours in a day and 35% for each hour after that.
Can overtime be averaged over two weeks or a pay period in Peru?
Not allowed (OT can be compensated with equivalent rest by written agreement)
What breaks are required in Peru?
At least 45 minutes for a meal (refrigerio) in a continuous shift. Not part of working time, so unpaid unless a collective agreement says otherwise.