The National Superintendency of Labor Control (SUNAFIL) approves Alien Employment Control Protocol
Pursuant to Superintendency’s Order No. 235-2019-SUNAFIL published on July 24, 2019, it is set forth to approve the Control Protocol on Alien Employment Compliance (the “Protocol”) in order to enforce obligations under Legislative Order No. 689, Alien Employment Act and its regulation.
In this sense, SUNAFIL inspectors may request:
(i) Documents proving that the worker who provides services has an authorizing immigration status (e.g. Alien Registration Card, Temporary Special Work Permit Certificate, Temporary Permit of Stay (PTP), and Certificate proving a status of refugee or work permit request)
(ii) Written employment agreement entered into by the alien employee and approved or filed with the Administrative Labor Authority, if applicable, or the service agreement.
The Protocol establishes the following labor sanctions:
El Protocolo menciona las siguientes infracciones laborales:
IMPORTANT:
In the event SUNAFIL verifies that the company has employed alien employee not having authorizing immigration status, it shall inform to the pertinent Immigration Authority.
At the time the Peruvian Immigration Service or the Immigration Police shall acknowledge that an alien has an unlawful immigration status performing activities not allowed pursuant to his immigration status, such authorities may initiate an investigation and control proceeding against either the company or the alien. Upon these proceedings the alien may be imposed a fine, a sanction or be requested to leave the country.
