Hiring foreign internes may provide some fresh dynamic and external view on local issues to Peruvian companies. However, considering all the procedures and intricacies involved in hiring foreign employees, many investors may be turned off by the idea of adding another layer of complexity to the issue, given the special protections that interns are entitled to.
However, this task is not as difficult as it would initially seem. First off, it should be noted that foreign interns are not subject to Legislative Decree N° 689 – The Law for Hiring Foreign Employees; thus they are not subject to:
- the percentage limit (20%) of foreign employees allowed to be included in the company payroll;
- the percentage limit (30%) of payroll expenses designated for foreign staff; or,
- prior approval of their contract, by the Ministry of Labor.
Despite the aforementioned, companies should note that foreign interns will require a Student visa, in order to carry out their internship in Peru. Consequently, potential interns will have to submit their Internship Agreement to the Peruvian Immigration Department (MIGRACIONES), signed by the company, the corresponding institute or university, and by themselves; in order to apply for said visa.
In this regard, employers should note that students belonging to the Schengen Area are exempt from the visa requirement for a period of ninety (90) days, according to articles 1° and 2° of Supreme Decree N° 058-2015-RE. Thus, potential beneficiaries who wish to carry out their internship in Peru, only need to show their passport at Immigration Control and ask for this benefit when first entering the country.
Foreign interns are subject to Law N° 28518. As a result, the Internship Agreement will have to comply with the following regulations:
- The term of the agreement cannot exceed the duration of the individual’s studies, in the case of interns who are still studying; and one (01) year, in the case of interns who have already graduated;
- Interns, who have not concluded their studies cannot work more than 36 hours a week; and 48 hours if they have already graduated;
- Interns must be registered in the company’s Tax Registry (T-Registro);
- Interns must be paid, at the very least, minimum wage (PEN 930.00 a month, starting on April the 1st for regular companies, and on May the 1st for SEMs);
- The company, intern and university or institute, must sign a Specific Training Plan, in accordance with the format published by the Ministry of Labor.
Lastly, the parties involved should keep in mind that any document, signed abroad, will have to be apostilled in order to have any validity in Peru. This requisite extends to both the Internship Agreement and the Specific Training Plan, mentioned above.