Peru – Disability Hiring Quota Compliance

Peru’s labor authority, the National Superintendence of Labor Inspection (SUNAFIL), has intensified enforcement of existing disability hiring obligations for private employers. Targeted audits are currently underway to verify compliance with mandatory workforce quota requirements.

Under Peruvian labor law, private employers with more than 50 employees are required to ensure that at least 3% of their workforce consists of persons with disabilities. Non‑compliance may result in administrative sanctions and financial penalties.

Applicability and Scope

The disability hiring quota applies to:

• All private sector employers in Peru with a workforce exceeding 50 employees.

Key Compliance Requirements

Employers within scope must ensure that:

• A minimum of 3% of total headcount is made up of persons with disabilities, calculated based on total employees.

Exemptions and Supporting Documentation

Employers may apply for an exemption from the quota obligation where compliance is not feasible due to objectively justified circumstances, including:

1. The nature of the economic activity makes it impossible to meet the quota.
2. The organizational structure does not allow for the incorporation of such personnel.
3. A technically substantiated impossibility to comply.

Any exemption request must be supported by a technical report and formally submitted to the Ministry of Labor and Employment Promotion (MTPE) for evaluation.

Required documentation typically includes:

• A technical report justifying the impossibility of compliance
• Organizational chart and detailed job descriptions
• Occupational risk assessments
• Evidence of active candidate search efforts (e.g. job postings, recruitment processes)
• Employer’s sworn statement

Enforcement and Penalties

SUNAFIL is actively reviewing employer compliance and issuing inspection notices. Failure to comply with disability hiring requirements, or to obtain a valid exemption, may result in financial penalties imposed by SUNAFIL in accordance with Peruvian labor regulations.

Employers are strongly encouraged to:

• Regularly monitor their SUNAFIL electronic notification inbox
• Maintain up‑to‑date documentation evidencing compliance or exemption status

How Mercator^® by Citco (Mercator) Can Help

Mercator can support employers with reviewing quota applicability, assessing exemption eligibility, preparing supporting documentation, and responding to SUNAFIL inspections.

For assistance, please contact mercator@citco.com.