If you have a company and you do not know the advantages of hiring a foreigner, check here the Requirements to Hire a Foreigner.
Surely, this possibility has been raised on several occasions, so review the legal regulations and read very well the recommendations and information that this article provides.
Take advantage of this situation that we are living in where the country is receiving a large number of highly qualified potential foreign workers who want to work in a company like yours.
What are the Requirements to Hire a Foreigner in Peru?
Given the presence of a large number of immigrants in Peru, it is favorable or convenient for certain companies and depending on the type of business to hire foreigners. But for these cases certain conditions must be met.
Over here the Requirements to Hire a Foreigner are as follows:
- Should be done tribute payment N ° 5533 At the Banco de la Nación, this procedure is done with the Ruc number of the company that makes the hiring.
- Make a request that is addressed to the Sub-Directorate of General Registries.
- Of must consign three original copies of the contract, according to the format established with the clauses according to current regulations, in addition to indicating where the worker will work.
- Present the Affidavit of Exoneration of Limiting Percentages.
- To attach photocopy endorsed by the Peruvian Consulate and Legalized by the Ministry of Foreign Relations, of the professional title, technical title or proof of technical studies, or also the Certificate of work experience.
- Deliver photocopy of passport or immigration card.
- Likewise, attach a photocopy of the Proof of Single Taxpayer Registration /RUC.
- The application must indicate the electronic address.
- Employment contracts for foreign personnel are previously qualified for the respective approval.
The application is evaluated by the administrative labor authority, in a maximum period of five business days. If there is no response, the positive administrative silence is applied.
Within the period of five days, if a lack of documents is detected, the applicant is notified so that he can deliver it within three business days.
Once the authorization to work has been obtained, the procedures to obtain the work visa must be continued. This management is carried out in the General Directorate of Migration.
Limiting Percentages for Hiring a Foreigner
According to the Requirements to Hire a Foreigner, The regulations that apply in the case of hiring foreigners for the labor area must be considered.
Every company in Peru, both national and foreign, must hire Peruvian nationals. What’s more can hire foreign staff of any nationality but in a percentage determined by law.
The rule indicates that this hiring of foreigners must be a percentage maximum of 20% of the total payroll of workers. The payment of labor salaries cannot be higher than 30% of the total salary payment.
If a Peruvian or foreign company on its payroll has 2000 workers. The number of foreign workers cannot be greater than 400, that is, 1600 Peruvian workers and 400 foreign workers.
With respect to 30% of salaries, which is the other limiting percentage for both a national and a foreign company. This means that foreign contracting companies they cannot pay more than that percentage, in the amount of wages paid to foreign workers.
Using the previous example, a company with a payroll of 1600 Peruvian workers and 400 foreign workers, monthly the total payment for salaries for the 2000 workers is two million soles, the salary of all 400 foreign workers cannot exceed the 600 thousand soles.
A company with 100 workers can perfectly hire up to 20 foreign workers.
Benefits of Hiring a Foreigner
Following with the Requirements to Hire a Foreigner, There are certain advantages or benefits of hiring foreigners to work.
Here are some of these benefits:
- If you have a company that is only a few years old, hiring foreigners is not a bad idea, since you can currently find foreigners with excellent educational levels, with training and specialization in areas that are not very developed in Peru.
- Additionally, a foreigner has a global and modern vision that the company needs. If they have international experience, this can help them learn about business management in other latitudes.
- There are many foreign professionals in Peru, without much experience in the labor field but with many skills and knowledge.
- Also, it can be a great advantage, the knowledge of several languages, this always generates a plus.
Continuing with the Requirements to Hire a Foreigner, there are considerations regarding the qualification of a foreign worker as domiciled or not.
To consider a foreigner as domiciled, must have at least 183 continuous days or interspersed for a year in the country. In the following year you will be qualified as a domiciled worker.
This qualification of domiciled to a foreign worker will bring him as a consequence that the tax treatment will be the same as that of any national.
According to Requirements to Hire a Foreigner, Giving the category of non-domiciled to a worker implies certain characteristics that we will see below.
Workers who qualify as not domiciled, they will have a discount of 30% of their income as part of your rent. That is, in addition to the corresponding discounts for AFPs they have, either because they earn the minimum remuneration or an amount greater than 2,100 soles.
That is, what is the 30% of the rent of the fifth plus approximately 13% by the AFP. In total this discount is 43% of your income.
Therefore, if a non-domiciled worker earns 980 soles, he will have a discount of 980 soles x 43%, resulting in 421.40. The worker will only receive as payment the amount of 558.60.
Likewise, the same criteria apply if you earn an amount greater than 21,000 soles. Since 2100 x 43% gives as a result 903000, you will receive only 1197 soles.
Having PTP is not a real advantage for a foreign worker, but it will depend on whether he is a non-domiciled home worker. You may have a good form contract, but the discount you are going to have is almost 50% of your income.
Tips for Hiring a Foreigner
For a foreigner to work in Peru, he must comply with the provisions of the recently updated legal framework.
Through Decree No. 008-2018-TR, the Regulations of the Law on Hiring Foreign Workers were modified. Among these changes are:
Regarding the approval of contracts
The work contract for foreigners is considered approved from the presentation before the Administrative Labor Authority, through the virtual system. All modifications, exemptions and extensions are also managed virtually.
Enabling Immigration Quality
The foreign worker can start the provision of services once the employment contract is presented and the qualifying immigration status has been obtained.
The approval request
This request must be together with the employment contract and the sworn statement of compliance with the conditions of the Law. In addition, it must have the training and proof of payment of the right.
The Paperwork Exception
They should not carry out any type of procedure in the cases of approval of the contract, those employers who hire foreigners who are not within the hiring limits such as: married, son, father, brother of a Peruvian, with an immigrant visa, who comes from a country where Peru has a labor reciprocity agreement or dual nationality.
Likewise, if they are personnel of foreign international transport companies, or multinational services or multinational banks or investors, among others.
With all of the above, the horizon is broadened for companies that see foreign workers as a possible alternative for the qualified search for talent.
However, companies have to be aware that due to the regulations there are restrictions that must be taken into account when choosing workers. For more information visit the web portal of Migrations.
He was able to learn more about the subject related to Requirements to Hire a Foreigner, now it is up to you to make the most appropriate decision for your company.
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