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Labor and Migration
  • Practice
  • Experience

Labor

We offer specialized advice on individual labor law in regard to both the labor regime for private activity and the different special labor regimes, particularly the mining, fishing, non-traditional export, agricultural, water, and medical labor regimes, among others.  We are also widely experienced in collective labor law and collective bargaining. Our specialized counseling includes the analysis of draft labor laws and their effects on the social costs for a given economic sector.

LABOR AUDITS

Our law firm has a team specialized in verifying proper compliance with labor obligations by employers subject to both the common labor regime and the various special labor regimes.  In this connection, the purpose of the labor audit is to detect possible failures to comply with labor legislation and, if they are found, to propose corrective measures for their timely rectification. It also covers the follow-up on and training of the human resources department for continuous adjustment to the labor laws and the monitoring of company employees, in order to achieve optimum levels of productivity.

CONTRACTUAL PLANNING

We give specialized advice on the most appropriate contractual arrangements to meet the production requirements of company personnel, identifying the desirability of a given contractual arrangement, whether for an indefinite term, under training modalities, or through labor outsourcing and intermediation, among others.  This makes it possible to adjust a company’s staff needs to its true situation and also permits the appropriate termination of employment of workers without incurring legal contingencies.

PLANNING OF LABOR COSTS

We design strategies that will permit the employer to optimize socio-labor costs through the planning of a cost-reduction remuneration strategy that complies at all times with labor legislation provisions and formalities.

 LABOR PROCEEDINGS

We exercise representation in administrative proceedings, labor inspection proceedings and punitive proceedings before the Labor Ministry. We also defend clients in Essalud administrative collection proceedings, legal proceedings and in proceedings for the payment of pension contributions to the private pension fund system.

Migration

Our firm offers legal advice on migratory law, designing and carrying out strategies to obtain all types of resident visas, such as workers’ visas, investors’ visas, and independent professionals’ visas, among others.  We also counsel on obtaining temporary visas for foreign workers, employed workers and international consultants.  Our legal migratory advice includes drawing up contracts for  different types of foreign workers and investors and identifying requirements for a change in migratory status,   assistance in preparing files to be submitted to the labor and migratory authorities and their processing and follow-up until the client and his/her family obtain alien resident cards.  We also offer advice on the identification of tax obligations applicable to resident and non-resident aliens in Peru who receive income from Peruvian or from foreign sources, as the case may be.

Labor

  • Personnel contract planning in keeping with the employer’s production needs and the worker categories, including reduction of the cost to the company of terminating employees, for clients in the fishing, oil and general services sectors.
  • Specialized legal counseling on Labor supervision, defense in labor inspection processes, inspection visits at the workplace and/or place of operation, court appearance requirements and defense in punitive administrative proceedings, for financial, fishing, and transportation enterprises and agribusinesses, among others.
  • Drafting of internal working regulations and an Organization and functions manual; worker supervision and counseling on the exercise, by the employer, of sanctions for failures in compliance; and counseling on the fulfillment of safety and health at work obligations, by different fishing, services and commercial enterprises.
  • Counseling on the fulfillment of social security, essalud, eps, and pension fund labor obligations, administrative procedures for the refund of economic benefits and subsidies, and legal defense in ESSALUD administrative collection proceedings, for different fishing, services and commercial enterprises.
  • Defense of fishing enterprises, agribusinesses, and transportation, computer and financial enterprises, among others, in legal labor proceedings.
  • Planning, for oil, export, fishing, computer, services and other companies, of labor costs through the appropriate use of non-remunerative concepts and other legal and labor institutions.
  • Specialized counseling of oil, export, fishing, computer and services enterprises, among others, on the determination, calculation, formality and timing of the payment of social benefits.
  • Determination of the labor regime the company should adopt, together with specialized counseling on the different labor regimes available, for oil, export, fishing, computer and services enterprises, among others.
  • Counseling on termination of labor employment: Procedure for termination by reason of gross negligence, termination for objective causes, and termination agreements by reason of mutual dissent, for the incorporation of a new company, and incentives for resignation, for an oil and a financial enterprise.
  • Counseling of an oil and a financial Enterprise on the implementation and appropriate use of the different labor training modalities.
  • Counseling of an oil and an export company on labor intermediation and/or outsourcing, in accordance with the enterprise’s production requirements.
  • Counseling of a financial enterprise and an agribusiness, among others, on collective labor relations, such as the impugnment of trade union registration, trade union licenses, collective bargaining procedures, strikes, etc.
  • Labor due diligence for financial and electric power enterprises.

Migration

  • Design of a strategy for a change in migratory status from those of independent investor and worker investor, in order to obtain a migratory status that will allow for the performance of the economic activity of operating casinos and slot machines in the country.
  • Determination of the legal requirements for obtaining a resident’s permit for an executive in a communications consulting firm.
  • Identification of the legal requirements, assistance in the preparation of the files to be submitted to the labor and migratory officials, and their processing and follow-up until foreign resident’s cards have been obtained for foreign workers and their families in a finance company operating in Lima and Arequipa.
  • Identification of the requirements and handling of the cases and their follow-up until foreign resident’s cards have been obtained for foreign workers in a company offering consulting services on and selling agricultural irrigation equipment.
  • Handling of the application by an environmental consulting company to register foreign professional degrees in Peru’s various colegios profesionales (Professional associations).
  • Design of a strategy and handling of the process for an executive of a foreign Enterprise to become a naturalized citizen.

 

© Santivañez Abogados
Lima
República de Colombia 791 Ofc. 602
San isidro Lima 27 Perú
t. +51 (1) 202 8000
f. +51 (1) 202 8017
Piura
Los Tamarindos 274 Urb. 4 de Enero
Piura - Piura
t. +51 (73) 32 6994
f. +51 (73) 31 3192
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