Peru strengthens protections for employees with cancer

At a glance

• Supreme Decree No. 008-2026-TR, published on June 5, 2026, amends the Employment Promotion Act regulation to enhance protections for employees with cancer.
• Dismissals will be deemed invalid where based on a cancer diagnosis, treatment, or related effects, unless the employer proves an unrelated just cause.
• Protection applies where the employer was aware of the employee’s condition prior to termination, supported by a medical certificate.
• Employers are required to implement reasonable workplace adaptations where job duties pose risks to the employee’s health and safety.
• The reforms reinforce the need for proactive accommodation measures, without any reduction in employee pay.

On June 5, 2026, Supreme Decree No. 008-2026-TR was published, which amends the Regulation on the Law on Employment Promotion Act and introduces new rules on the invalidity of dismissal and the adjustment of working conditions. It establishes that companies must adopt reasonable workplace adaptation measures for employees diagnosed with cancer, undergoing treatment, or suffering effects derived from the disease.

Key changes made by the new amendments

• A dismissal will be deemed to be invalid if it is based on a cancer diagnosis, its treatment, or related effects where the employer fails to demonstrate just cause for termination unrelated to the employee’s health condition.
• Protection applies where the employer was aware, prior to termination, of the employee’s diagnosis, treatment, or the effects of cancer.
• The employee must provide a certificate issued by a licensed physician, in either the public or private sector, confirming their health status.
• Where an employee’s duties may pose a risk to their health and safety, the employer must adjust the working conditions, either on its own initiative or at the employee’s request, to mitigate any identified hazards.

Adaptation measures that employers should consider

• The adoption of flexible working arrangements, including flexible schedules or the implementation of telework.
• The introduction of physical or digital modifications, adjustments to work equipment, or other reasonable measures.
• The assignment of alternative or related duties that are compatible with the employee’s health status.

Accommodation measures may be implemented individually or in combination, provided they are reasonable and proportionate in the circumstances. Under no circumstances may these measures, or any resulting changes to job duties, lead to a reduction in pay.

Recommendations for employers

• Identify employees who have reported a cancer diagnosis, treatment, or related effects, and review each case to determine whether workplace accommodations are required.
• Document the accommodation measures implemented and clearly confirm that these do not result in a reduction in pay.
• Establish a secure channel for receiving and safeguarding medical information submitted by employees.
• Review termination procedures for employees covered by this protection, ensuring that documentation supporting the stated grounds for dismissal is properly retained.
• Raise awareness within the Human Resources function and management of the scope of these new legal obligations.