Simplified procedures announced for foreign workers

IMPACT – MEDIUM

What is the change? Peru’s labor authorities have simplified administrative processes, including elimination of the requirement that foreign workers submit educational diplomas or certificates that have been legalized.

What does the change mean? Employers now only need to submit a sworn affidavit stating that the hiring of the foreign worker complies with labor laws and a copy of the employment contract.

• Implementation time frame: Nov. 11.
• Visas/permits affected: Work permits.
• Who is affected: Peruvian employers sponsoring foreign nationals for work permits.
• Impact on processing times: The change will save time in the application process, as the previously required legalization process was often lengthy.
• Business impact: The elimination of the legalization requirement removes a step and should shorten the overall document-preparation time.
• Next steps: Employers should prepare sworn affidavits for work permit applications to comply with the new rule. B·A·L can assist in the process.

Background: The government published the legislative decree Nov. 10 in an effort to simplify several administrative procedures relating to the labor laws. Previously, under the Law of Foreign Workers, employers were required to legalize foreign diplomas or work experience certificates and submit them to the Administrative Labor Authority in order to obtain approval of an employment contract for foreign personnel.

The decree also eliminates the requirement to register fixed-contract labor contracts on the web portal of the Ministry of Labor and Employment. The removal of this requirement affects Spanish nationals, nationals of Mercosur countries and foreign nationals married to Peruvian citizens who are hired under a fixed-term contract.

BAL Analysis: The simplification of administrative processes is positive news for employers seeking to sponsor foreign workers.

This alert has been provided by the BAL Global Practice group and our network provider located in Peru. For additional information, please contact your BAL attorney.

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