New law prohibits the dismissal of employees diagnosed with cancer

At a glance

• Law No. 32431 introduces a new ground for nullity of dismissal: A cancer diagnosis, its treatment, and the resulting effects.
• The law has been in force since 5 September 2025 and applies to both the private and public sectors.
• Employers must make adaptations for employees who cannot perform their original duties due to their condition, without reducing remuneration.
• Peruvian labour law provides specific leave entitlements related to cancer, including care leave, preventive screenings, and early-detection examinations.

Law No. 32431 introduces a new ground for nullity of dismissal which is when an employee receives a cancer diagnosis, its treatment, and the resulting effects.

The law has been in force since 5 September 2025 and applies to both the private and public sectors. Any termination of employment motivated by an oncological diagnosis is null and void, even if the employee works fewer than four hours per day, is within the probationary period, or holds a position of special trust or confidence.

Employers must make arrangements for employees who cannot perform their original duties due to their condition, without reducing remuneration.

Peruvian labour law provides specific leave entitlements related to cancer as outlined below:

• Up to seven days of leave to provide care to children, parents, spouse, or cohabiting partner who has been diagnosed with cancer.
• Up to one year of leave for employees with minor children who have cancer.
• Two days per year for preventive oncological screenings.
• Leave for early-detection examinations for breast cancer and cervical cancer.