Peru’s labor laws are laid out in its Ley General del Trabajo, with additional employment compliance stemming from a variety of different regulations that come into play when you hire employees. To stay compliant, you’ll need to set aside time to understand the complexities of these laws or hire an expert in Peru employment compliance. You’ll also need to take the time to learn about Peruvian culture and business etiquette to ensure a smooth recruitment process.
Globalization Partners offers companies the chance to recruit and hire employees without first establishing a subsidiary. Our Employer of Record service means all liability for hiring and employment compliance falls on our shoulders instead of yours.
Recruiting in Peru
As important as it is to understand the cultural side of staffing and recruiting in Peru, you’ll also need to spend some time familiarizing yourself with the logistics of the process. To reach the widest pool of talent, you should utilize job boards as a recruitment channel. Social media can also be an effective tool for sourcing talent — especially LinkedIn.
Laws Against Discrimination in Peru
As you recruit Peruvian talent, you should also be mindful of the country’s laws regarding discrimination. According to the Peruvian Constitution, every person has the right to equality regardless of race, origin, gender, language, economic situation, religion, or any other characteristics. As the employer, it’s your responsibility to abide by this principle throughout the staffing and recruiting process.
To put legal compliance in practice, you should stick to the following guidelines:
- Avoid using phrases like “recent graduate” or “young and dynamic team” in job listings.
- Don’t ask candidates about family status or other protected characteristics, even if you’re just making friendly conversation.
- Ask for candidates’ ages only if they need to be a certain age to perform the job.
Gender discrimination has historically been a problem in Peruvian workplaces, but the country is making strides to change in this regard. As of 2017, Peruvian legislation prevents wage discrimination between men and women in equivalent or identical jobs. During the recruitment process, you should take care to avoid any action that could be perceived as preferential treatment for any gender.
How to Hire Employees in Peru
Peru prohibits direct and indirect discrimination and harassment in job offers and throughout the hiring, compensation, and termination processes. Employers cannot request a background check on job applicants because knowing applicants’ backgrounds could cause discrimination.
You can also choose to hire an employee under a standard probationary period of three months. However, you should put this arrangement in writing to ensure both parties agree to its terms. A decision to extend this period up to six months or a year should also be in writing.
Peru Employment Laws
Employment contracts in Peru are legally allowed to be written or verbal. However, it’s best to draft a strong written employment contract when you hire employees in Peru. A fixed-term contract for up to five years needs to be in writing and must be registered with the Labour Ministry to meet Peru employment compliance regulations.
Your employment contract should include these details in the local language:
- Compensation (in Peruvian soles)
- Benefits
- Entitlement and termination terms
- Work hours
- Paid vacation time
Onboarding in Peru
When you are ready to onboard your new employees, you should take every step possible to make them comfortable on their first day. Establish the kind of workplace culture you want to promote before they start, then take steps to integrate that culture into your daily routine.
Once an employee signs a written employment contract, it can be tempting to file it and only get it out when necessary. However, it is best practice to go over the employment contract, an office code of conduct, and any other relevant documents on the employee’s first day or during their first week.
Benefits of Hiring Outsourcing in Peru
Between figuring out how to hire Peru employees to strictly following matters of Peru employment compliance, hiring can take up a significant amount of your time and resources. Instead, Globalization Partners can change how you expand and hire through our Employer of Record platform.
Instead of setting up a subsidiary before you hire, we’ll hire for you in Peru. This service allows us to hire employees who work on your behalf. We’ll take responsibility for Peru employment compliance, so you have more time to work on what’s essential to your business.
Work With Globalization Partners To Expand Globally
Globalization Partners offers an easier way to expand to a new country. When you want to hire employees in Peru, contact us to learn about how our services can help.
THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). G-P does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect G-P’s product delivery in any given jurisdiction. G-P makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.