 As with most countries’ approach to the employment of foreign workers, Peruvian regulations establish certain restrictions regarding the employment of foreigners in order to give preference to Peruvian workers. In order for a Peruvian company to hire a foreign worker, two requirements must be fulfilled. Firstly, the work contract to be held between the Peruvian company and the foreign worker must be approved by the Peruvian Ministry of Labor. Secondly, this contract only becomes valid once the foreign worker obtains his or her visa from the General Directorate of Immigration and Naturalization (hereinafter referred to as “DIGEMIN”). All work contracts held between Peruvian companies and foreign workers must be authorized by the Ministry of Labor, unless the foreigner is married to a Peruvian citizen, has parents, children or siblings who are Peruvian citizens or possesses an Investors Visa. Foreign employees who belong in one or more of the latter three categories shall be referred to as “Exonerated Workers”. Exonerated Workers are exempt from certain restrictions that apply to non-exonerated foreign employees, for example, that the total number of foreign workers in a Peruvian company must not exceed 20% of its payroll and the wages of foreign workers must not amount to more than 30% of the total wages paid out by the company. Exemptions are permitted, for instance, for highly skilled workers and those to be employed in managerial positions. Degree certificates must be available, as well as evidence of previous work experience, if applicable. These documents must be legalized by the corresponding Peruvian Consulate abroad and approved by the Peruvian Ministry of Foreign Affairs. If the documents are not in Spanish, they must be translated by a certified translator. Work contracts must comply with several strict regulations. They cannot exceed 3 years, but may be renewed. The employer must undertake to train Peruvian employees in the foreign worker’s field and guarantee that the foreign worker and his or her family will return to their home country. Authorization should not take more than 5 days. Once the contract is authorized the worker must apply for his or her one year working visa and also carné de extranjería (foreign resident card). Please note that this process may take at least one and a half months. Finally, note that if the foreign worker entered Peru with a tourist visa, he or she must gain permission to sign contracts before signing the work contract.
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