Foreign investment

Personnel hiring

Procedures for hiring foreign personnel

Current regulations establish that foreign citizens may work in the country, provided they have a foreign employment contract duly approved by the Ministry of Labor and Employment Promotion (MTPE), and have obtained immigration status from Immigration, enabling them to provide paid services in Peru.En ese sentido, en los siguientes cuadros encontrara un resumen de los requisitos mínimos que deben cumplir las empresas para contratar válidamente a un extranjero en el Perú.

CONCEPT AND BENEFITS

Rights and Benefits

No less than those recognized for national workers.

Remunerations

It may not exceed 30% of the total payroll.

Limiting Percentages

20% of the total number of workers.

Foreigners excluded from the limiting percentage

The Peruvian spouse, ascendant or descendant, or siblings, or those with an immigrant visa, when there is a reciprocity or dual nationality agreement with the country of origin. Likewise, the following are excluded: personnel of foreign companies dedicated to international land and water transportation services with a foreign flag and registration, foreign personnel working in multinational service companies or multinational banks, with special regulations for this aspect, foreign personnel who, by virtue of bilateral or multilateral agreements, provide their services in the country, and foreign investors, provided they maintain an investment amount of no less than 5 UIT (*) during the term of their contract.

Exemption from limiting percentages

It applies to specialized professional or technical personnel, management and/or executive staff of a new business activity or in the case of a business reconversion, or to employees of public sector companies or private companies that have contracts with public sector organizations, institutions, or companies. Exempted personnel are considered nationals for the purposes of calculating the limiting percentages.

Term of Employment Contract

The term is determined for a maximum of 3 years, extendable for periods of no more than 3 years.

Contract Approval

Once signed, the contract must be approved by the Ministry of Labor and Employment Promotion.

Migratory Quality

The National Superintendency of Migration will grant Immigration Status and Visas, as appropriate.

BENEFITS OF THE GENERAL REGIME OF PRIVATE ACTIVITY (NATIONAL AND FOREIGN)

Work Contract

It has a trial term of 3 months, at the end of this term; the worker has the right to have the protection against arbitrary dismissal.

Work day

8 hours a day or 48 hours a week, maximum.

Vacations

30 calendar days for each complete year of services.

Bonuses

2 salaries per year (National holidays and Christmas)

Social Security

Equal to 9% of the remuneration or income. It is the responsibility of the employer to declare and pay them.

National Pension System (SNP) /Private Pension System (SPP)

The rate of the SNP is 13%. The rate of the SPP fluctuates between 13% and 15%, according to the chosen AFP.

Family Allocation

10% of the ongoing Minimum Vital Remuneration in the opportunity that corresponds to receive the benefit.

Compensation for the Time of Services (CTS)

It is the 1/12 of the remuneration for each complete calendar month of services. The fraction is compensated by 1/30.

(*) The UIT (Taxable Unit) valid for the year 2021 is S/. 4400