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March 22, 2010 12:43:46

The basics of job contracts in Peru

Published in
Adapted from Spanish by Diana Schwalb

Mario Pasco Lizarraga, is a lawyer, a specialist in labor law and professor at the Peruvian University of Applied Sciences (UPC). He is currently a partner at the Rodrigo, Elias & Medrano Firm.

Job contracts in Peru: The basics
Mario Pasco Lizárraga.

What is the objective of concluding a job contract between the employer and employee?
A typical contract and employment relationship operate without signing documents, but to the simple fact that a service has been provided, that this service has been subordinated (ie, the worker has been under the orders of the employer) and that the employee receives a remuneration.

The law does not require that the employment contract be written, unless this is on a fixed term or part time (less than 4 hours per day on average).

When a contract is written it is then (a) because it is a fixed term or part-time, as a condition for such characteristics, or (b) because one of the parties – usually the company – would prefer that certain conditions are predetermined and do not have to be demonstrated later. The written agreement serves, for example, to translate special obligations of the worker like being subject to certain tests, or to an extended trial period, but also to collect special benefits that may have been negotiated, such as performance bonuses, special protection against dismissal, and the like.

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March 9, 2010 9:37:48

Online social networks: A new tool for recruiters?

Published in
Adapted from Spanish by Diana Schwalb

Monica Garcia is a licensed psychologist and Senior Advisor for Transearch Peru, where she performs executive processes of talent search, development of potential and managerial coaching.

Online social networks in Peru, an interview with TranSearch Peru.
Monica Garcia.
Is there a growing interest of recruiters in social networks and other media on the web?
Interest in social networks is growing every day, talent is also present in them and so the interest from recruiters in this new source of information is growing too. Every day there are more and more executives interested in placing relevant data and developing their professional social networks with the intent of remaining present in the market. Recruiting agencies like us consider social networks the major source of contact, because besides not incurring additional costs, they turn out to be an interesting filter to display aspects such as age, educational level, interests, among others. Each social network has a different user profile and the information is more or less complete depending on the network. For example, sites such as MySpace, Hi5 and Facebook show the trends in user behavior on the network, while LinkedIn or Twitter are more oriented to show the work and business behavior.

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March 1, 2010 15:47:42

Overcoming the stress of changing jobs: An interview with Inés Temple

Inés Temple, executive chairwoman of DBM Peru and DBM Chile
Published in

This week, Aptitus interviews Inés Temple, executive chairwoman of DBM Peru and DBM Chile. She has been President of OWIT Peru and Vice President of the American Chamber of Commerce in Peru.

Temple, pictured here, graduated from New York University with Bachelor’s in Business Administration, and has completed the CEO Program at the Kellogg School of Management and the Georgetown Leadership Seminar in Georgetown. She is a frequent contributor and blogger to
El Comercio.

According to research in today's economy the trend is that a person remains on average four to five years in a company, which means that new generations probably will go through about eight different jobs. For many of them the change will not be voluntary but the result of a layoff. How to prepare for this reality?

The first thing we must recognize and accept is that everything that happens in the world, the chances of disappointment, failure and losing are many and frequent both professionally and in our personal lives. However, what defines those who come forward despite all the setbacks is the ability to decide to stand back up. The merit is not avoiding the fall, but getting up, again and again.

Among major life stresses, losing a job ranks as number three, coming after death of a close relative and divorce or separation. However, it is a normal part of our working life today. Don’t think that it won’t happen to you. Instead, be ready for the situation.

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November 9, 2009 17:12:35

Discrimination and Employment in Peru

By Carolina Benavides
Director of Nexos Voluntarios
For
El Comercio

Peru is amongst the most discriminatory in the region.Regarding salaries, sex and ethnicity, Peru is amongst the most discriminatory in the region, according to the Inter-American Development Bank (IDB).

Mrs. Temple, director of the DBM, pointed out that companies in developed countries consider it fundamental to hire people of different genders, ethnicity and religious beliefs. In this way, not only do they avoid an unbearable social burden, but they also increase productivity.

This is a central subject: the coexistence of what is different is the foundation for development and creativity. It is the daily confrontation with those who do not reflect us like a mirror, that makes us move forward.

On the contrary, uniformity leads to exclusion and the eternal repetition.

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August 18, 2009 10:29:22

Nexos Initiative: Cross-cultural Training and Leadership

by
Ben Jonjak

In a country like Peru, where the paths of the world cross, you find a diverse collection of people who have come for a variety of purposes. Many businesspeople are assigned to this country for whatever reason, and their placement here means they make this country their home and bring their loved ones with them. This phenomenon, in turn, creates a population of talented individuals who are eager to find a way to integrate themselves productively into their new environment. Nexos Initiative was formed precisely to cater to the needs of these people.

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July 30, 2008 10:45:39

Peru: Less flexibility, more unemployment*



AmCham PeruInfo provided by the
American Chamber of Commerce of Peru (AmCham Peru)



Our country is sending to the world market as an old and inflexible piece of legislation.Usually I dedicate this space to talk about the countless business opportunities and successful stories that motivate us to wager the investment and allow us to dream with starting an entrepreneurial venture of our own. But faced with certain legal initiatives that are threatening with making the work force even less flexible than it is, it is absolutely necessary to ponder upon the messages that our country is sending to the world market as an old and inflexible piece of legislation, can tear down the optimism of potential local and foreign investors – as well as significantly reduce the competitive edge of any industry.

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February 5, 2008 21:35:42

What can we learn from Einstein and Woody Allen?

By Jacqueline Saettone - Economist

Einstein, who wrote essays about physics since he was twelve years old, almost lost his interest in it when he went to study at a military school in Munich. The rigidity of the system did not motivate him to create. When he applied to a polytechnic school in Zurich, he was not admitted. However, when he entered a Swiss school to improve on his weaknesses, he developed the first experiment that would lead him to the Theory of Relativity. The school’s humanistic approach, stimulated the expression of his own creativity.

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January 29, 2007 16:57:24

Jobs in Peru: for how many?

AmCham PeruInfo provided and translated by the
American Chamber of Commerce of Peru (AmCham Peru)




Before the current discussion about labor issues, the potential of Peru as an exporting country is at jeopardy.

While U.S. congressmen demand that the U.S. Administration negotiates with their Peruvian counterparts a side letter that satisfies US democrat’s labor concerns in the U.S.-ATPA, in order to consider a favorable vote on the agreement, the Peruvian congress just passed and scheduled a bill for plenary vote regarding the “General Labor Law”.

In the case of the U.S. Congress, it is quite worrisome that the approval of the ATPA fails to come out of a political trap.

The fear –or in some cases demagogy of some- about losing American jobs facing the chance of an eventual flee of investors towards Peruvian territories, is wrongly supported in the mistaken argument that states that our labor regulations are less protective than the American ones.

Nothing could be further from the truth. Formal workers are way more protected than Americans. Moreover, the ATPA is what will contribute to the generation of more formal jobs in Peru, thus reducing the hiring rate of workers to whom their rights are not respected.

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7 Comments

January 2, 2007 18:29:36

The Culture Effect in Peru's Organizational Business Climate

Courtesy of
Contact AmCham PeruInfo provided and translated by the
American Chamber of Commerce of Peru (AmCham Peru)






(By Manuel Cubas, General Manager of Cubas & Asociados)


You're fired! The selection of new personnel is more than reviewing resumes, checking references and evaluating skills and capabilities; it is also vital to measure the compatibility of the new worker with the company’s organizational culture.

Carlos is confused, depressed and feels like a failure. He is 45 years old and was just fired from his position as head accountant of the company he worked for the last six months, based on poor performance. He doesn’t know what hit him.

For five years he was working quite satisfied for another company until the other company called him for this position. When they offered him a 30% increase, he didn't hesitate and accepted the offer. Nothing like this had ever happened before. His career had always improved and, if he left previous jobs, it was to accept others that turned out to be better.

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