Law No. 32.431 was published in the Legal Standards Bulletin of the Official Gazette El Peruano on September 4, 2025, introducing significant changes to the labor and civil service regulatory framework in Peru with a clear objective: to protect the rights of workers diagnosed with cancer.
What specific changes does this new Law bring?
Law 32431 incorporates new provisions into three key pieces of legislation:
- Legislative Decree 728, Employment Promotion Law
- A new paragraph f) is added to Article 65, establishing that dismissal on the grounds of a cancer diagnosis, its treatment, or its effects is null and void, even if the worker provides services for less than four hours a day, is on probation, or is in a position of trust.
- Legislative Decree 276, Law based on the Administrative Career and Remuneration in the Public Sector
- Article 35-A is incorporated, declaring the dismissal of a public servant due to a cancer diagnosis or its effects to be null and void. This protection also covers public servants who work fewer than four hours a day, as well as those who are on probation or in positions of trust.
- Civil Service Law (Law 30057)
- Article 49-A is added, which considers the termination of civil service due to a cancer diagnosis, its treatment, or its effects to be null and void, under the same conditions of protection (less than four hours, probationary period, or position of trust).
In all cases, the new rule guarantees that a cancer diagnosis and its treatments cannot constitute a valid cause for dismissal or termination, even in circumstances that often involve less job stability or protection.
What are the implications for companies and human resources?
This new legal scenario requires companies and public entities to review their hiring, termination, and performance evaluation policies in relation to staff diagnosed with cancer. Some key points to consider:
- No dismissals or terminations due to a cancer diagnosis: even if an employee is on probation, works a few hours, or has a trust-based contract, they cannot be dismissed or terminated for this reason.
- Review of internal procedures: It is essential to ensure that disciplinary decisions or decisions to terminate the employment relationship are not contaminated by medical criteria or the side effects of cancer treatment.
- Training of the HR department: The teams responsible for hiring, supervision, and termination must be informed of the new legal protections and the limits they impose on employees diagnosed with cancer.
- Coordination with the legal department: To mitigate the risk of litigation or lawsuits arising from unfair dismissal, it is essential to review and, if necessary, update internal procedures for terminating employment.
What are the benefits of this Law?
Beyond the strictly legal aspect, Law 32431 represents a significant advance in terms of justice and dignity in the workplace:
- It promotes a more inclusive and sensitive work environment in the face of complex health situations.
- It recognizes that cancer and its treatments can lead to absences, temporary reductions in productivity, and physical or psychological side effects, without this automatically resulting in disciplinary action.
- It encourages more humane business practices that consider the right to health and medical treatment as part of employee well-being—and not as a risk that justifies termination.
Law 32.431 represents an essential step toward the consolidation of a more humane and fair legal framework in Peru, which recognizes the complexities inherent in a diagnosis as severe as cancer. For companies, it poses challenges in terms of adaptation, but also offers an opportunity to strengthen their commitment to the well-being of their employees.
At Englobally, we are at your disposal to guide you through this regulatory adjustment process, offering solutions that integrate legal compliance and responsible human resources management.
Read the law here