Can I work in Peru as a foreigner, and with what rights?
Yes, with a migration status that allows work and a written contract the employer files with the labour authority; once hired you have the same labour rights as a Peruvian. The company, not you, is bound by a quota (20% of staff, 30% of payroll) and the company is the one fined for hiring you without authorisation.
VerificationPartly verifiedSee the sources ↓
- 7sources cited
- 7read at the official source
- 5official institutions
Peruvian State portal (gob.pe) · Migraciones · El Peruano · Congress of Peru · Andean Community
Checked 1 Oct 2026Next review 21 Dec 2026
What is still unverifiedWhat this page says about the contract, the quota and who gets fined comes from official text: Decreto Legislativo 689 was read in MTPE's Compendium of Private-Sector Labour Rules and the Regulation of the General Labour Inspection Act in the consolidated SPIJ text published on gob.pe. The immigration framework was swept up to September 2026: the only post-Ley 32192 change we found to Decreto Legislativo 1350 is Ley 32229, on visa format, which does not affect what is described here. Since the last review we read the official text of DS 008-2020-TR (the Sunafil fine table, article 48.1) and of CAN Decision 545 (article 21, the Andean-nationals quota exemption). What is still unconfirmed: whether the Mercosur residence agreement gives an equivalent exemption for nationals of those countries — that circulates in secondary sources and we did not read the text.
Two norms, two different questions
Working in Peru as a foreigner has two layers that people run together.
The first is immigration: does your migration status allow you to work? That question is answered by Decreto Legislativo 1350 and policed by Migraciones. Article 10 obliges you to carry out only the activities your status authorises, and since Decreto Legislativo 1582 article 10-A obliges every public or private entity — your employer included — to check that you are in regular migration status.
The second is labour: under what rules are you hired, and what rights do you have once inside? That is answered by Decreto Legislativo 689 of 1991 and policed by Sunafil.
This page is about the second layer. Of the first we will say only what the statute says: you need a qualifying migration status before you start.
What Decreto Legislativo 689 says
| Article | Rule |
|---|---|
| 1 | Employers give preference to hiring national workers. |
| 2 | The foreign worker is under the private-sector labour regime, with authorisation from the labour authority. |
| 3 | List of people who do not count towards the quota. |
| 4 | Quota: up to 20% of total staff and up to 30% of the payroll. |
| 5 | Fixed-term contract, maximum 3 years, renewable. |
| 6 | Exemptions from the quota the employer may request. |
The quota is the company’s obligation. You do not have to calculate anything. It is worth knowing because it is why some companies say “we don’t hire foreigners” when what they mean is “our quota is full” or “we don’t want to do the paperwork.”
Who does not count towards the quota (article 3)
- The spouse, parent, child or sibling of a Peruvian.
- Holders of an immigrant visa.
- Nationals of a country with which Peru has a labour-reciprocity or dual-nationality agreement.
- Staff of foreign international transport companies.
- Staff of multinational service companies or banks.
- Personnel hired under bilateral or multilateral agreements with the State.
- Foreign investors with a permanent investment of at least 5 UIT.
- Artists, athletes and similar performers, up to 3 months a year.
On reciprocity agreements: Andean Community Decision 545 confirms this in its own official text — article 21 obliges member states (Bolivia, Colombia, Ecuador and Peru) to treat Andean migrant workers as nationals when calculating this quota, which takes them out of the cap. On whether the Mercosur residence agreement gives an equivalent exemption to nationals of those countries, we still have not read the text: we leave that as something that circulates in secondary sources and is worth asking about, not as something we confirm.
Exemptions the employer can request (article 6)
Specialised professional or technical staff; management staff for a new activity or a business reconversion; teachers; staff under public-sector contracts; and other cases set by supreme decree. In these cases the quota does not apply, but the filing still does.
Your rights are the same
Article 2 does not create a special regime for foreigners. It places you in the private-sector labour regime. That means the remuneración mínima vital, the maximum working day, CTS, gratificaciones, holidays, dismissal protection and social security on the same terms as a Peruvian. DL 1350 says the same from the other side: access to work «en igualdad de condiciones que los nacionales».
Paying or treating you differently for your nationality is discrimination by «ascendencia nacional». The Labour Inspection Regulation (article 25.17) grades it a very serious employer infraction, and the Constitution forbids it in article 2(2).
Who gets the fine
All three specific infractions in the Inspection Regulation belong to the employer:
| Employer conduct | Grade | Article |
|---|---|---|
| Not giving you a copy of your authorised contract, on time and with the required content | Minor | 41.2 |
| Not putting the contract in writing with the required content | Serious | 42.1 |
| Employing or hiring you without first obtaining the administrative authorisation | Very serious | 43.1 |
DS 008-2020-TR (article 48.1) sets the amount by company size and the number of workers affected, within these ranges (2026 UIT = S/ 5,500):
| Company size | Minor | Serious | Very serious |
|---|---|---|---|
| Micro-enterprise | 0.045–0.23 UIT (S/ 247.50–S/ 1,265) | 0.11–0.45 UIT (S/ 605–S/ 2,475) | 0.23–0.68 UIT (S/ 1,265–S/ 3,740) |
| Small enterprise | 0.09–2.25 UIT (S/ 495–S/ 12,375) | 0.45–4.50 UIT (S/ 2,475–S/ 24,750) | 0.77–7.65 UIT (S/ 4,235–S/ 42,075) |
| Not a MYPE | 0.23–13.50 UIT (S/ 1,265–S/ 74,250) | 1.35–22.50 UIT (S/ 7,425–S/ 123,750) | 2.25–45.00 UIT (S/ 12,375–S/ 247,500) |
The exact amount inside each range depends on how many workers the infraction affected. What matters for you: Sunafil sanctions the company, not the worker. That does not mean working without a qualifying migration status is free of consequences — it has them, on the immigration side, and our page on immigration fines and expulsion explains them.
What we did not verify
Decreto Legislativo 689 and the Inspection Regulation have since been read in their official Peruvian texts (MTPE’s Compendium and the consolidated SPIJ text), so that earlier caveat is resolved. What we still have not read is the regulation implementing DL 689 itself, the current contract-approval procedure at the Ministry of Labour, and the Mercosur exemption mentioned above. The immigration framework is checked up to September 2026. If your case turns on a procedural detail, confirm it against the official source or with a lawyer.
What if you work remotely for a company with no office in Peru?
The reverse situation also happens: Peruvians working remotely for foreign clients with no presence in the country. That scenario has its own tax and social-security rules. See remote work for a foreign company: tax and labor rules for Peruvian freelancers.
Looking for a “work visa” for Peru? Here’s how it actually works
Peru has no separate document called a “work visa”: see what you actually need in work visa vs. worker immigration status.
How to file
- Check that your migration status allows workFind out which calidad migratoria you hold and what it permits. If in doubt, ask Migraciones through its digital mesa de partes before signing. Working on a status that does not allow it is your infraction, not the company's.
- Insist on a written contract and your copyA foreign worker's contract is formalised in writing and the company must give you a copy of the authorised contract. Not giving you the copy is a minor infraction; not putting the contract in writing is a serious one. Keep your copy.
- Compare your terms with a Peruvian colleague'sSame minimum wage, same hours, CTS, gratificaciones and holidays. If the only explanation for a difference is your nationality, it is discrimination.
- If the employer breaks the rules, report to SunafilThe complaint is free, online and needs no lawyer. Sunafil inspects and fines the company; what you are owed is claimed in the labour courts.
- If the issue is your migration status, get a lawyerThis page explains the labour rules. A change of status, an expiry or a sanction procedure carry deadlines you should not handle alone.
Want it drafted for you? Escrito listo — S/ 29 · available soon →
What the law already gives you, and what a firm does
You can do this yourself
- Confirm that your immigration status allows you to work.
- Insist on a written contract and keep your copy.
- Compare your conditions with a Peruvian colleague's: once hired, your employment rights are the same.
- Report the company to Sunafil if it breaks the rules.
Someone else's job
| What | Whose it is |
|---|---|
| The foreign-worker quota (20% of staff, 30% of payroll) | The company |
| Filing your contract with the labour authority | The company |
| The fine for hiring you without authorisation | The company |
| Your immigration status and your carné de extranjería | Migraciones |
Here a lawyer is worth it
When the problem is your immigration status, not your contract: for example, if your status does not allow you to work and you want to change it.
A law firm charges to run the whole procedure and represent you, and that is worth it in the cases above. For the rest, the law is already written and this page cites it. Need a lawyer?
What people fail to ask in time
They offer to pay you on a recibo por honorarios until the contract comes through. Do you know what that changes?
Find out before it matters →What most people believe — and what the law says
Foreigners earn less and get fewer benefits because the law allows it.
Article 2 of Decreto Legislativo 689 places the foreign worker under the private-sector labour regime — the same one as a Peruvian. Minimum wage, working hours, CTS, gratificaciones, holidays, dismissal protection and social security are identical. Paying you less for your nationality is discrimination by «ascendencia nacional», a very serious infraction for the employer.
If the company hires me without authorisation, I get the fine.
The infraction in article 43.1 of the Inspection Regulation belongs to the employer: «ocupar o contratar trabajadores extranjeros sin haber obtenido previamente la autorización». Sunafil fines the company. What can reach you is working on a migration status that does not allow it — and that is Migraciones' business, not Sunafil's.
Companies can only have one foreigner for every five employees, full stop.
The 20% quota exists, but article 3 removes several people from the count: the spouse, parent, child or sibling of a Peruvian, immigrant-visa holders, nationals of countries with a labour-reciprocity or dual-nationality agreement, foreign investors with a permanent investment of at least 5 UIT, among others. Article 6 lets the employer request an exemption for specialised staff, managers of new activities and teachers.
A foreigner's contract is always temporary, so they can let me go whenever they like.
Article 5 sets a maximum term of 3 years, renewable. A fixed term does not mean the company can end it early without cause: within the term the same dismissal rules apply as to any fixed-term contract.
On a passport and tourist entry I can work a few months while I sort my papers.
Article 10 of DL 1350 requires you to carry out only the activities your migration status allows, and doing others is a ground for a fine. You need a status that allows work before you start, not after.
Frequently asked questions
What document must the company give me when it hires me as a foreign worker?
It must give you a copy of the authorised contract. Not giving it to you is a minor infraction (Inspection Regulation, article 41.2), and not putting the contract in writing with the required content is a serious infraction (article 42.1).
Which foreign workers don't count toward the 20% quota?
Article 3 of Decreto Legislativo 689 excludes from the quota, among others, the spouse, parent, child or sibling of a Peruvian, immigrant-visa holders, nationals of countries with a labour-reciprocity or dual-nationality agreement, and foreign investors with a permanent investment of at least 5 UIT.
How long can a foreign worker's contract run?
Article 5 of Decreto Legislativo 689 sets a fixed-term contract of a maximum of 3 years, renewable.
Where do I complain if the company doesn't give me the same rights as a Peruvian coworker?
To Sunafil. The complaint is free, filed online, and needs no lawyer; Sunafil inspects and fines the company, and what you are owed is claimed in the labour courts.
The exact law
Decreto Legislativo N.º 689Articles 1, 2, 3, 4, 5 and 6read
Law on hiring foreign workers — national preference, private-sector regime, 20%/30% quota, exempt persons, 3-year term and exonerations
«Las empresas nacionales o extranjeras podrán contratar personal extranjero en una proporción de hasta el 20% del número total de sus servidores, empleados y obreros. Sus remuneraciones no podrán exceder del 30% del total de la planilla de sueldos y salarios.»
Decreto Supremo N.º 019-2006-TRArticles 25.17, 41, 42.1 and 43.1read
Labour Inspection Regulation — employer infractions when hiring foreigners, and discrimination by national origin
«Ocupar o contratar trabajadores extranjeros sin haber obtenido previamente la autorización administrativa correspondiente.»
Decreto Legislativo N.º 1350Articles 9.1 and 10read
Immigration Act — access to work on equal terms, and the duty to carry out only the activities your status allows
«el acceso a la salud, a la educación y trabajo en igualdad de condiciones que los nacionales»
Decreto Legislativo N.º 1582Article 10-A (added to DL 1350)read
Public and private entities must verify that a foreigner is in regular migration status
Constitución Política del PerúArticle 2(2)read
Prohibition of discrimination by origin
«Nadie debe ser discriminado por motivo de origen, raza, sexo, idioma, religión, opinión, condición económica o de cualquiera otra índole.»
Decreto Supremo N.º 008-2020-TRArticle 48.1read
Amends the Labour Inspection Regulation — fine scale by labour infraction, according to company size and number of workers affected
«Microempresa: leves de 0.045 a 0.23 UIT, graves de 0.11 a 0.45 UIT, muy graves de 0.23 a 0.68 UIT. Pequeña empresa: leves de 0.09 a 2.25 UIT, graves de 0.45 a 4.50 UIT, muy graves de 0.77 a 7.65 UIT. No MYPE: leves de 0.23 a 13.50 UIT, graves de 1.35 a 22.50 UIT, muy graves de 2.25 a 45.00 UIT.»
Andean Community Decision No. 545Article 21read
Andean Labour Migration Instrument — member states must treat Andean migrant workers as nationals when calculating the foreign-staff quota
«deberán considerar a los trabajadores migrantes andinos como nacionales para el cálculo de dichas proporciones»
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order
What this page does not give you yetWhat this page says about the contract, the quota and who gets fined comes from official text: Decreto Legislativo 689 was read in MTPE's Compendium of Private-Sector Labour Rules and the Regulation of the General Labour Inspection Act in the consolidated SPIJ text published on gob.pe. The immigration framework was swept up to September 2026: the only post-Ley 32192 change we found to Decreto Legislativo 1350 is Ley 32229, on visa format, which does not affect what is described here. Since the last review we read the official text of DS 008-2020-TR (the Sunafil fine table, article 48.1) and of CAN Decision 545 (article 21, the Andean-nationals quota exemption). What is still unconfirmed: whether the Mercosur residence agreement gives an equivalent exemption for nationals of those countries — that circulates in secondary sources and we did not read the text. See the sources ↑