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Hiring foreigners in Peru: labor and migration requirements

February 20, 2026

Invest in Peru

The globalization of business has led many companies — domestic and foreign — to integrate non-Peruvian personnel into their operations. If your company is considering hiring foreign workers in Peru, it is important to know the legal, migratory and labor requirements in force in 2025. This guide details applicable rules, legal limits, types of visas, employer obligations, and good practices for avoiding sanctions.

Can a foreign company hire foreign personnel in Peru?

Yes. Companies incorporated or registered in Peru, including subsidiaries and branches of foreign companies, can hire foreign personnel. However, this contract is governed by provisions of the Law for the Hiring of Foreign Workers (Legislative Decree No. 689), its regulations, as well as by the migration rules applicable to non-national workers.

Specifically, those citizens of the Andean Community (Colombia, Bolivia and Ecuador) can be hired as workers in our country without requiring compliance with the legal requirements regulated in Legislative Decree No. 689. The contract must be registered on the SIVITMA (MTPE virtual platform).

Mercosur citizens (Argentina, Brazil, Paraguay, Uruguay, Chile, etc.) are also excluded from the regulation of Legislative Decree No. 689. This contract is registered on the SIVICE (MTPE virtual platform) within the group of exonerated personnel.

Hiring foreign personnel without following formal requirements can lead to both labor and immigration sanctions..

Legal Requirements for Hiring Foreigners in Peru

Legislative Decree No. 689 establishes general limits to the hiring of foreigners:

A maximum of 20% of the total number of workers can be foreigners.
A maximum of 30% of the total payroll can be used for foreign remuneration.

Exceptions to the limits:

Highly qualified professionals.
Managerial, technical or specialized staff.
If there is an international agreement that authorizes it.
Newly created companies in their first two years.

Exceptions must be requested through an approving resolution of the Ministry of Labor.

Work visa in Peru for foreign workers

To work legally in Peru, foreign workers must have the qualifying migratory status to work granted by the Migration Authority.

Types of applicable migratory qualities:

Resident worker: for contracts longer than one year.
Temporary worker: for activities for less than a year.
Designated Worker: for intra-business transfers.

Procedure:

The foreign worker must request special permission to sign documents. This allows you to sign employment contracts.
The employer registers the contract with the Ministry of Labor through the SIVICE.
Once the contract has been approved, the immigration card is processed before the Migration Authority.

You cannot start work activities without a migratory authorization to work.

If your company is considering hiring foreign workers in Peru, it is important to know the current legal, migratory and labor requirements

Contracts for foreign personnel: legal requirements

In accordance with Legislative Decree No. 689, contracts must meet the following requirements:

Ser in writing and contain specific migratory clauses.
Ser Registered before the Ministry of Labor through the SIVICE.
To have a fixed deadline (maximum of three years). This contract can be renewed.

Contracts must also be recorded on an electronic form (T-Register).

Foreigners' payroll in Peru: registration and employment benefits

Every formally hired foreign worker must be registered on the electronic form (T-Registro) and income, contributions and discounts must be declared monthly through the Plame.

Applicable benefits:

Minimum vital compensation.
Gratuities for National Holidays and Christmas.
CTS (Compensation for Time of Service), if applicable.
Holidays, weekly rest and holidays.

Contributions:

ONP or AFP (depending on the worker's choice).
ESSALUD or EPS.

The foreign worker has the same labor benefits as a Peruvian worker.

Hiring foreigners as managers, partners or representatives

A company can designate a foreigner as general manager or legal representative. In this case, specific migratory requirements apply:

If the position involves residence in Peru, you must process work visa or business designation.
If you live outside the country, it is recommended Establish limited powers or assign resident management.

Partners do not require a visa to be shareholders, but if they will assume executive or representative functions.

Labor migration regulations and sanctions for non-compliance

Most common violations:

Hire a foreigner without a valid work visa
Do not register the worker on the payroll.
Omit the registration of the employment contract with the SIVICE.
Exceeding legal limits without authorization.

Penalties:

Administrative fines by Sunafil.
Migratory sanctions for the company and the worker.
Loss of tax or contractual benefits (in the public sector).

The audit is carried out electronically and in person, especially in sectors with high staff turnover.

Good practices in hiring foreign workers in Peru

Check immigration status before hiring.
Draft contracts that comply with the clauses required by law.
Get advice if you plan to exceed hiring limits.
Manage the visa process in addition to the contract.
Train your HR team in migratory-labor compliance.

Legal support for risk-free international contracting

Hiring foreign workers in Peru is completely legal and beneficial when properly managed. But omitting any of the requirements can create unnecessary legal, immigration, or tax costs.

At EBS Abogados, we provide comprehensive advice for foreign companies that wish to hire or transfer personnel to Peru, ensuring compliance with all current labor and immigration regulations.