By means of Supreme Decree N ° 008-2018-TR, published on September 13, 2018, the Regulations of the Law on the Hiring of Foreign Workers have been modified, in the following terms:
- Approval of foreign contracts: the employment contracts of foreign personnel will be considered approved upon presentation to the Administrative Labor Authority, through the virtual system of presentation of contracts of said institution. The loss of qualifying migratory status constitutes a resolutory condition that automatically extinguishes the employment contract.
- Preservation of documents: the employer must keep up to a maximum period of five (5) years from the termination of the employment relationship, the documents proving that the foreign worker hired is exempt from the special regime for hiring foreigners. If it is established that the worker is not exempt, the contract must be regularized in accordance with the law.
- Application for approval of a foreigner contract: this request must be accompanied by the following documents:
- Work contract in writing, preferably according to model;
- Sworn Statement, preferably according to the model, where it is indicated that the hiring of foreigner meets the conditions established by the Law and has the training or work experience required by it; Y,
- Proof of payment of the corresponding right to the Administrative Labor Authority.
- The exonerations of compliance with the limiting percentages for the hiring of foreigners are automatic approval from their presentation in the virtual system of foreign contracts.
- The extensions are automatic approval from its presentation in the virtual system of foreign contracts.
