By RGB Avocats – Lawyers in Peru
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 submitted to the Peruvian Ministry of Labor for its automatic approval. Secondly, this contract can be performed, i.e. the worker can be included in the payroll, only once the foreign worker obtains his or her visa/carné de extranjería (foreign resident card) from MIGRACIONES (Peruvian entity in charge of Immigration and Naturalization).
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 a carné de extanjeria with the migratory category of inmigrante, or comes from a country with which Peru has concluded a citizenship agreement, like the one recently concluded with Spain. 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. In such circumstances, a sworn statement indicating previous work experience or specialized education in the field will suffice, in order to submit the contract for approval.
It should be noted that, despite the approval being automatic, the employee’s degree certificates must be available, in the event of oversight by the Ministry of Labor, which can impose fines of at least PEN 9,450.00 (USD 2,860.00) for the employer, and PEN 420.00 (USD 127.00) for the employee for not complying with the law. These documents must be legalized by the corresponding Peruvian Consulate abroad and approved by the Peruvian Ministry of Foreign Affairs or must bear an apostille, if applicable. If the documents are not in Spanish, they must be translated by an official translator.
Work contracts must comply with several 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.
Once the contract is authorized the worker must apply for his or her working visa or for a carné de extranjería. Please note that this process may take at least two months. Finally, note that if the foreign worker entered Peru with a tourist visa, he or she must obtain a permit to sign contracts before signing the work contract.
By the Immigration Department at RGB Avocats © – Peruvian Attorneys-at-Law
RGB AvocatsDisclaimer: The information on this page is provided for general informational purposes only, and may not reflect the current law in Peru. It is not intended to be a substitute for legal counsel on any subject matter.
