Scope of social benefits in labor rights of workers under Legislative Decree N.° 276 in Perú

Abstract

Social benefits constitute essential components of the labor rights of public servants, whose recognition and granting must be carried out in accordance with the legal framework governing each employment regime. This article aimed to analyze how social benefits are granted within the framework of the labor rights of workers subject to Legislative Decree No. 276, through a documentary analysis corresponding to the year 2025. The research was conducted under a qualitative approach, of a basic type, with a documentary design and a dogmatic-legal method, aimed at understanding and interpreting the normative, jurisprudential, and administrative criteria related to the granting of these benefits. For this purpose, documentary analysis was used as the data collection technique, including legal regulations, case law, administrative resolutions, and technical reports related to the management of the public employment regime. The results showed that the granting of social benefits does not depend exclusively on the legal framework, but is also conditioned by administrative, interpretative, and organizational factors, which generate differences in their application. Likewise, gaps in institutional management were identified that affect the way in which these rights are recognized and implemented. It was concluded that the granting of social benefits under Legislative Decree No. 276 requires more uniform criteria and more efficient administrative management in order to ensure their proper implementation and the effective protection of labor rights in the public sector.