Labor-Immigration Alert: Issuance of complementary regulations for the presentation, approval, extension or modification of the employment contracts of foreign personnel, through the "Virtual System of Contracts for Foreigners - SIVICE"
LABOR - IMMIGRATION ALERT
On November 14th, 2018, Ministerial Resolution No. 291-2018-TR has been published in the Official Gazette "El Peruano", which approves the complementary regulations for the presentation, approval, extension or modification of employment contracts of foreign personnel, through the "Virtual System of Contracts for Foreigners - SIVICE".
VALIDITY: No further than December 11th, 2018.
Do you want to know more about the services that SIVICE will provide?
1. Presentation of Foreign Personnel Employment Contracts, exempted of the limiting percentages
2. Approval of Foreign Personnel Employment Contract
3. Approval of the Extension of the Employment Contract for Foreign Personnel
4. Approval of the Modification of the Work Contract of Foreign Personnel
Other relevant aspects
Inspection: The virtual procedure is subject to subsequent supervision, within the framework of the provisions on article 33° of the “T.U.O.” of Law No. 27444, Law of General Administrative Procedure.
Andean Migrant: It is indicated that the Virtual System of the Andean Migrant Worker (“SIVITMA”), as well as its regulatory legal norms, remains in force and is applicable to the nationals of Bolivia, Colombia and Ecuador, within the framework of Decision 545, Andean
Instrument for Labor Migration.
Implementation: SIVICE will be implemented progressively at national level. It will begin to operate at the Regional Labor Office of Lima Metropolitan.
Validity of the automatic approval of the Contracts and simplification of requirements: The automatic approval provided in the Supreme Decree No. 008-2018-TR, which modifies the Regulations of the Law of Recruitment of Foreign Workers, is applicable to approval requests of foreign personnel contracts, their extensions and modifications from October 13th, 2018.
With the implementation of “SIVICE" virtual system, the Foreign Personnel Employment Contract presentation and approval procedures are upgraded and simplified, as well as its subsequent extensions and/or modifications, both for foreign personnel within the compliance of limiting percentages, exonerated or exempt of them, making the labor-immigration administrative process faster, and with more effectivity regarding the right to labor migration. We hope that on daily basis the use of SIVICE will be practical enough to achieve these objectives.
AOV Abogados
Lima, Perú