Employer of Record in Peru: Unlocking Business Expansion

Global Work Guide
Global Work Guide
Published in
11 min readJul 8, 2024
Employer of Record in Peru: Unlocking Business Expansion

Expanding business operations in South America? Peru offers a wealth of opportunities for companies looking to grow. With its rapidly developing economy and a diverse talent pool, Peru stands out as an attractive destination for global expansion. The country boasts a skilled workforce in various sectors, making it easier for businesses to find the right talent.

However, hiring employees in Peru comes with its own set of challenges. Navigating Peruvian labor laws, understanding tax regulations, and ensuring compliance can be daunting tasks. An Employer of Record (EOR) can simplify this process, handling everything from payroll to worker classification so companies can focus on their core business activities.

Best EOR providers in Peru

Several reputable EOR providers offer their services in Peru, ensuring compliance and efficient management.

  • Multiplier: Known for its comprehensive global employment solutions.
  • Deel: Offers a user-friendly platform for hiring and managing international teams.
  • Remote: Provides flexible employment solutions with a modern approach.
  • Remofirst: Specializes in streamlined global hiring and compliance.
  • Oyster HR: Offers an automated global employment platform with deep local intelligence.
  • Rippling: Offers integrated HR, IT, and Finance solutions for global teams.
  • Papaya Global: Provides end-to-end workforce management solutions.

Overview of Peru as a Business Destination

Peru’s strategic location and stable economy make it an attractive business destination. The country offers a range of opportunities for companies looking to expand their operations in South America.

Key Economic Indicators

Peru’s economy has shown significant growth over the past decade, with a GDP growth rate averaging around 4.8% annually from 2010 to 2019 according to the World Bank. The inflation rate remains low, stabilizing around 1.7% in 2021. Foreign direct investment (FDI) has been robust, reaching $8.2 billion in 2019.

Business Advantages

Peru boasts a free-market economy with high levels of trade and investment liberalization. The country has multiple free trade agreements (FTAs) with major economies including the United States, China, and the European Union. Tax incentives for businesses, particularly in sectors like mining, manufacturing, and technology, attract foreign investors.

Workforce Characteristics

Peru’s labor market is known for its highly skilled and diverse talent pool. The literacy rate stands at 94.4%, and roughly one-third of the population have obtained tertiary education, ensuring a qualified workforce. Sectors such as IT, engineering, and finance have a strong presence of professionals adept in both local and international standards.

Employment Laws in Peru

Navigating Peru’s employment laws can be complex but is crucial for businesses planning to expand. Understanding the key regulations ensures compliance and smooth operations.

Labor Regulations

Peru’s labor regulations are protective of workers and include specific hiring and termination procedures. Employers must adhere to minimum wage requirements, which are set annually by the government. Compliance with workplace health and safety standards is strictly enforced by SUNAFIL (National Superintendency of Labor Inspection), which ensures safe working conditions.

Employment Contracts

Employment contracts in Peru can be indefinite or fixed-term. Indefinite contracts are preferred if employment lasts beyond a temporary period. Each contract must be in writing, specifying job duties, compensation, and working conditions. Both parties must sign these contracts to be legally binding.

Working Hours and Overtime

Standard working hours in Peru are 48 hours per week, typically spread over six days. Overtime is limited and compensated at a higher rate than regular hours. Law mandates a 25% increase for the first two hours of overtime, followed by 35% for subsequent hours. Employers should maintain detailed records of employee working hours to ensure accurate compensation.

Gain more insights from best employer of record companies

Payroll and Taxation in Peru

Payroll and taxation systems in Peru require adherence to specific regulations to ensure compliance. Utilizing an Employer of Record (EOR) can simplify these processes for companies.

Employer Contributions

Employers in Peru contribute to various mandatory funds. Contributions include:

  • Pension Fund (AFP or ONP): Employers contribute 9% of an employee’s salary.
  • Health Insurance (Essalud): Employers pay 9% of gross salary for health coverage.
  • Occupational Hazards Insurance (SCTR): Rates vary based on the industry, generally around 0.63%.

Employee Taxes

Employees in Peru are subject to income tax and social contributions. Key components include:

  • Income Tax: Progressive rates ranging from 8% to 30% based on annual earnings.
  • Pension Contributions: Employees contribute 10% to a mandatory pension scheme (AFP or ONP).
  • Health Insurance: An additional 0.25% is deducted for health administration costs.

Social Security System

Peru’s social security system provides key benefits. It includes:

  • Pension System: Managed either by private pension funds (AFP) or the national pension system (ONP).
  • Health Insurance Coverage: Ensures access to medical services under Essalud.
  • Unemployment Benefits: Limited provisions; typically covered under severance arrangements.

Employers must understand these elements to manage payroll and taxation effectively in Peru.

Employee Benefits in Peru

Employers in Peru offer various benefits to ensure employee well-being and job satisfaction. The benefits encompass paid time off, public holidays, parental leave, and sick leave.

Paid Time Off

Employees in Peru receive 30 days of paid time off annually. The vacation period usually follows one year of continuous employment. Employers must ensure that employees take at least 15 days consecutively unless otherwise agreed upon.

Public Holidays

Peru recognizes 12 public holidays annually. These include New Year’s Day, Holy Thursday, Good Friday, Labor Day, and Christmas Day. Employers need to provide paid leave for these holidays or pay overtime if employees work on these days.

Parental Leave

Female employees receive 98 days of paid maternity leave. This period splits into 49 days before the due date and 49 days following childbirth. Male employees are entitled to 10 consecutive days of paid paternity leave. Both types of leave are crucial for supporting family responsibilities.

Sick Leave

Employees in Peru get paid sick leave for up to 20 days. The employer covers the first 20 days, and if the illness persists, the Social Health Insurance (EsSalud) assumes financial responsibility from the 21st day onwards. Documentation from a health professional is necessary to validate the leave period.

Hiring Process in Peru

The hiring process in Peru involves several steps, from recruitment to onboarding. Companies must follow local regulations at every stage to ensure compliance and a smooth hiring experience.

Recruitment Practices

Recruitment practices in Peru involve various methods. Local job portals, recruitment agencies, and social media platforms are commonly used. Employers often seek candidates with specific skills, especially in sectors like IT, engineering, and finance. Networking events and career fairs also play a significant role. Understanding cultural nuances and market expectations is crucial for an effective recruitment strategy.

Work Permits for Foreign Nationals

Foreign nationals need a work permit to be employed in Peru. The permit process involves obtaining sponsorship from a local employer, who must justify the hiring of a foreign national over a local candidate. The process includes submitting documentation such as the employment contract, passport copies, and professional qualifications. Work permits typically take several weeks to process, with the Ministry of Labor and Employment Promotion overseeing the applications.

Probation Periods

Probation periods in Peru are legally defined. They generally last up to three months but can extend to six months for skilled positions. During this time, both parties assess the suitability of the employment arrangement. Employers must provide written notice of the probation period’s terms, including duration and conditions. Termination during the probation period does not require severance, provided it follows legal requirements.

Termination and Severance in Peru

Termination and severance in Peru involve specific legal requirements. Employers must adhere to labour laws to avoid disputes.

Notice Periods

Notice periods in Peru vary. For regular termination, employers must provide 30 days’ notice. During this period, employees continue to work and receive their usual salary. Immediate termination requires severance compensation instead of notice.

Severance Pay

Severance pay depends on employment duration. For less than one year, employees receive 1.5 times their monthly salary. For every year beyond the first, they receive an extra month’s salary. For instance, a five-year employee gets 6.5 months’ severance pay. The calculation ensures employees receive fair compensation.

Grounds for Dismissal

Grounds for dismissal must be justified. Common reasons include misconduct, inadequate performance, or redundancy. Employers must document these reasons. Without valid grounds, dismissal may be considered wrongful, leading to legal consequences and additional compensation.

Challenges of Hiring in Peru

Hiring in Peru presents unique challenges that businesses need to navigate carefully to ensure compliance and operational efficiency.

Common Obstacles

Permit processes, regulatory compliance, and labor law variations are common obstacles in Peru. Businesses must secure work permits for foreign employees and adhere strictly to local employment laws. Regulations on employment contracts, working hours, and overtime differ from global standards, requiring thorough understanding and careful documentation. Navigating these legal intricacies often involves significant time and resources, complicating the hiring process.

Cultural Considerations

Cultural nuances are crucial in Peru’s business environment. Understanding local business etiquette, such as the value placed on personal relationships and hierarchical structures, can improve recruitment outcomes. Respect for authority and formality in communications are important. Knowing cultural holidays and social norms enhances engagement, affecting both recruitment strategies and workplace integration.

Language Requirements

Spanish proficiency is essential for effective communication in Peru. Many business operations and official documents are conducted in Spanish, posing a challenge for non-Spanish-speaking employees. Ensuring language compatibility within teams can impact productivity and compliance. Hiring bilingual staff or investing in language training programs can mitigate these challenges, enhancing overall operational success.

Benefits of Using an EOR in Peru

Utilizing an Employer of Record (EOR) in Peru offers several advantages for businesses. This section explores the key benefits that an EOR can provide.

Compliance Management

An EOR handles complex employment regulations in Peru, ensuring full compliance with local laws. They manage labor contracts, payroll, and tax filings in accordance with Peruvian labor law. Businesses gain peace of mind knowing that all legal requirements are met, avoiding potential legal issues.

Risk Mitigation

Risk is significantly reduced when an EOR manages employment responsibilities. They assume liability for employment contracts, disputes, and terminations. This transfer of risk protects businesses from severe penalties and fines associated with non-compliance in Peru.

Cost-Effectiveness

An EOR can lower operational costs by streamlining administrative processes. They manage payroll, benefits, and human resources without needing a local office. This efficiency reduces overhead expenses and optimizes budget allocation.

Speed of Market Entry

EORs facilitate rapid market entry by handling recruitment and employment processes swiftly. They onboard employees quickly, ensuring businesses commence operations without delay. This speed enhances competitiveness in Peru’s growing market.

Employer of Record Services I Recommend in Peru

Companies looking to expand into Peru can benefit significantly from EOR services. These providers take on employer responsibilities, allowing businesses to focus on core operations.

Top EOR Providers for Peru

Several reputable EOR providers offer their services in Peru, ensuring compliance and efficient management.

  • Multiplier: Known for its comprehensive global employment solutions.
  • Deel: Offers a user-friendly platform for hiring and managing international teams.
  • Remote: Provides flexible employment solutions with a modern approach.
  • Remofirst: Specializes in streamlined global hiring and compliance.
  • Oyster HR: Offers an automated global employment platform with deep local intelligence.
  • Rippling: Offers integrated HR, IT, and Finance solutions for global teams.
  • Papaya Global: Provides end-to-end workforce management solutions.

Key Features and Benefits of Each

Each provider offers unique features and benefits:

  • Multiplier: Provides end-to-end global employment services, including payroll, benefits, and compliance management. For more information, read my Multiplier review.
  • Deel: Offers a user-friendly platform for hiring, onboarding, and paying international employees and contractors. For more information, read my Deel review.
  • Remote: Features modern technology platforms and scalable solutions for businesses of all sizes. For more information read my Remote review.
  • Remofirst: Focuses on simplifying the process of hiring and managing international employees. For more information, read my Remofirst review.
  • Oyster HR: Provides automated hiring processes, deep local intelligence, and employee-centric solutions for global employment.
  • Rippling: Integrates HR, IT, and Finance functions into a single platform for comprehensive workforce management. For more information, read my Rippling review.
  • Papaya Global: Offers a unified solution for workforce management, including payroll, benefits, and compliance across multiple countries. For more information, read my Papaya Global Review.

Considerations for Choosing the Right EOR

When selecting the right EOR for Peru, consider these factors:

  • Compliance Expertise: Ensure the provider has a deep understanding of Peruvian labor laws to avoid legal issues.
  • Service Range: Look for providers offering comprehensive services, including payroll, benefits, and contract management.
  • Technology and Scalability: Assess if the provider’s technology platform supports your business needs and future growth.
  • Cost: Compare pricing structures to ensure alignment with your budget while receiving all necessary services.
  • Global Reach: Consider providers with experience in multiple countries if you plan to expand beyond Peru.
  • Customer Support: Evaluate the level and quality of customer support offered, especially in terms of time zone coverage and response times.
  • Local Expertise: Check if the provider has direct entities or partnerships in Peru for better local insights and support.

Leveraging the right EOR provider can facilitate smooth expansion into Peru, ensuring compliance and operational efficiency. Each of these recommended providers offers robust solutions, but the best choice will depend on your specific business needs and growth plans.

Frequently Asked Questions

Why should I consider expanding my business to Peru?

Peru’s growing economy, strategic location, and stable economic indicators create a favorable business environment. The availability of a skilled labor market and the country’s commitment to economic growth make Peru an attractive destination for business expansion.

What are the main challenges of hiring in Peru?

Some challenges include navigating complex employment laws, obtaining work permits for foreign nationals, ensuring regulatory compliance, and understanding cultural and language nuances. Mastery of Spanish and local business etiquette is crucial for effective workplace integration.

How important is Spanish proficiency when hiring in Peru?

Spanish proficiency is essential for seamless communication and effective operation in Peru. It helps navigate local business etiquette and ensures clarity in recruitment, onboarding, and daily business interactions.

What are the benefits of using an Employer of Record (EOR) in Peru?

An EOR can manage compliance, mitigate risks, reduce costs, and ensure swift market entry. They streamline administrative tasks, maintain adherence to local labor laws, and provide robust payroll and onboarding services, enabling businesses to focus on core operations.

Which EOR providers are recommended in Peru?

Top EOR providers in Peru include Globalization Partners, Safeguard Global, and Velocity Global. These providers offer comprehensive services like compliance management, payroll processing, and efficient onboarding, boasting deep knowledge of Peru’s labor laws and reliable technology platforms.

How does an EOR ensure legal compliance?

An EOR stays up-to-date with local labor laws and regulations, handling all legal intricacies related to employment. They provide continuous support to ensure that your business operations remain compliant, reducing the risk of legal issues.

Is it cost-effective to use an EOR in Peru?

Yes, using an EOR can be cost-effective. They manage complex administrative tasks and compliance processes, allowing businesses to save time and resources, thereby reducing overall operational costs.

What should I consider when choosing an EOR provider in Peru?

Choose an EOR with profound knowledge of local labor laws, a respected reputation, a wide range of services, reliable tech platforms, and consistent support for smooth employee management and experience. These factors ensure a seamless partnership and effective business operations.

Disclaimer: This post contains affiliate links. If you use these links to make a purchase, I may earn a small commission at no additional cost to you.

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