Disciplinary procedures and workplace investigations in Peru

Disciplinary decisions are where group policies and Peruvian law most often diverge. A manager used to at-will employment may expect to let an employee go the same day misconduct is discovered. In Peru, a dismissal for misconduct requires a just cause set out in the law, a written procedure and proof, and a warning or suspension that looks disproportionate can weaken the company’s position in any later dispute.

The business problem

For employees working four or more hours a day, dismissal requires a just cause related to conduct or capacity, and the burden of proving it lies with the employer. Before dismissing, the company must send a notice of charges and give the employee a reasonable period, not less than six calendar days, to respond, except in cases of flagrant serious misconduct. The dismissal letter must state the cause precisely, and the company cannot later rely on a different one. The employer must also act promptly: delay after learning of the facts may be read as condoning them.

Lesser measures, such as written warnings and unpaid suspensions, are not regulated in the same detail but are reviewed for proportionality and consistency. A file with vague facts, missing evidence or a measure out of line with previous cases is difficult to defend. Our note on the notice of charges letter explains the most sensitive step of the procedure.

How we approach it

We start with the facts. We help HR secure documents, messages, system logs and witness statements, and, where the case requires it, plan an internal investigation with interview guides and a fact report that can later serve as evidence. Our note on documenting workplace misconduct covers the method.

We then assess the conduct: whether it is a breach, whether it fits one of the serious offenses listed in the law, and which measure is proportionate in light of the employee’s record and the company’s past practice. If dismissal is a realistic outcome, we draft the notice of charges, track the response period, review the employee’s answer and draft the final decision. At each step we explain to the regional team why the procedure is built the way it is.

What the engagement includes, and its limits

The service covers investigation support, legal qualification of the conduct, drafting of all disciplinary letters and guidance for managers. Where a dismissal is completed, it connects with our terminations and exits work on the final settlement and any later dispute.

We do not take the disciplinary decision, which belongs to the employer, and we do not conduct forensic or technical investigations. We cannot guarantee that a court will agree with the company’s assessment of the facts; we can make sure the procedure itself gives the employee no procedural argument.

Coordination with the parent company, finance and payroll

Regional HR and ethics teams receive a bilingual recommendation memo before each significant decision, so that the group’s approval process can run within the Peruvian deadlines rather than delaying them. Unpaid suspensions and dismissals affect payroll immediately; we confirm the treatment with the payroll provider so that deductions and final payments match the decision. The wider framework is described in our guide to termination of employment in Peru.

Getting started

Tell us what happened, when the company learned of it and what evidence exists. Because the immediacy principle applies, it is better to call early than to investigate for weeks before seeking advice.