Peru has long been known for its economic environment, facilitating seamless business transactions.
Owing to its growing GDP and skilled labor force, the country has attracted businesses to establish their presence and hire employees in Peru.
However, as you venture on this journey to hire, one of the most common challenges you (like all other businesses) will face is - conducting an extensive background check in Peru.
One of the primary sources of this challenge is compliance with a comprehensive set of data privacy laws and Peruvian labor law.
So, Skuad provides background checks in Peru if you partner with us for EOR.
Let’s examine what a background check is and how you can conduct a compliant employee screening in Peru.
What is an Employee Background Check?
An employee screening is a standard part of any hiring process. It involves verifying someone’s work history or education, uncovering lies or omissions (if any), and revealing a criminal history.
Various employee background checks exist, from employment history checks to medical screening, credit history, etc.
As an employer, you must tailor the employment screening types by position.
For example, a credit report check is vital if the job involves handling money.
Similarly, a driving record check can prove advantageous if the job involves operating motor vehicles.
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Talk to an expertWhat are the Benefits of Background Checks in Peru?
Here are three main benefits of conducting a thorough employee screening in Peru.
- Employment background checks help you effectively identify applicants who might threaten the workplace environment.
- A detailed analysis of an individual's records can provide insights into behavioral trends that could pose a problem in the future.
- A detailed analysis of an individual's records can provide insights into behavioral trends that could pose a problem in the future.
- An effective employee screening in Peru helps you to hire suitable candidates for your organization. Individuals who are truthful and competent for the job are also more likely to be productive and build a strong workforce.
- Additionally, this reduces the likelihood of them searching for other opportunities outside of your organization.
- A thorough employee background check helps you stay compliant with Peruvian Labor Law, employee contracts and collective agreements, avoiding potential legal penalties and repercussions.
What are the Types of Background Checks in Peru?
An employee background check in Peru can be categorized into the following types.
Criminal record check
- You can request a Police Clearance Certificate of Peru from job applicants while hiring.
- The Peruvian National Police issues this certificate on verification.
- To obtain it, applicants must provide the following documents: a fingerprint form, authority letter, application form, old and new passport copies, and two passport-size pictures.
- You can conduct a criminal record check for positions in financial services, healthcare, education, transportation, and government and public sectors.
Employment history check
- An employment history check involves evaluating applicants' previous employment details to understand their job experience.
- It includes uncovering information such as the organization's name, the job title, the responsibilities borne, and the start and end dates of employment.
- For this purpose, you may contact the organization's HR departments to verify the accuracy of the information.
Medical screening
- Although not mandatory in Peru, some job roles might require a pre-employment medical screening.
- This is especially true for positions that involve high-risk activities, such as healthcare and mining.
Credit history check
- The revised publication of Law N. 31944 introduces significant changes related to public and private employers' use of credit reports during the employee screening process.
- It is now mandatory for both private and public institutions to obtain written consent from applicants before they access their information.
- Disqualifying candidates based on their credit reports is considered a ‘discriminatory act’ in Peru, even with the applicant's permission.
Education history check
- An education history involves verifying job applicants' educational claims, gauging the accuracy of their attendance records, and degrees earned at high schools or colleges.
- You can check their education history by requesting diplomas or contacting educational institutions directly.
Social media check
- Social media check refers to reviewing a potential employee’s online presence to determine whether they are the right fit for an organization.
- For this purpose, employers may scan the individual’s public profiles on websites such as LinkedIn or Facebook.
Requirements for Background Checks in Peru
The required documents for an employee screening in Peru usually vary depending on the type of check you wish to conduct. Nonetheless, some standards are mandatory.
- Full name, date of birth, and contact information of the individual
- Current address in Peru
A scanned image of a passport or national identity documents needs to be provided regardless of the kind of background check.
- A signed consent form
- Copies of educational degrees or certificates
- Offer letter from previous company, salary slips, and experience letter
Steps in Conducting Background Checks in Peru
When done incorrectly, background checks in Peru can lead to organizational compliance risks. Therefore, you need to understand the steps involved in this process.
Let’s take a closer look at each step.
Step 1: Obtain consent
Before conducting background checks, it is crucial to inform the candidate about them and obtain full explicit consent. In the absence of the same, you might face serious legal consequences.
Step 2: Conduct the check
Upon receiving consent, you can begin with the type of favorable background check for the job.
For example, a criminal background check is necessary if the job demands handling sensitive information.
You can contact Central Police Division Headquarters, Peru, to get a clearance certificate for applicants.
Medical screening can prove valuable if the job involves dealing with heavy machinery.
Step 3: Review your report and make decisions accordingly
Once you have collected the information, analyze the report closely and take the necessary action.
This ensures a well-informed hiring decision.
Are Employee Background Checks Legal in Peru?
Yes, employee background checks are legal in Peru as long as they comply with the data privacy and protection laws.
These primarily include the following,
- The Peruvian Constitution and
- Personal Data Protection Law (Law No.29733)
Planning to Hire in Peru? Skuad can help
International hiring is tough. With all the complexities of labor laws, payroll policies, and background checks, it can be tedious for companies to handle all these tasks simultaneously.
But what if you could find a solution to manage all the critical aspects of global hiring while guaranteeing accuracy and 100% compliance?
With expertise in over 160 countries, Skuad is a unified platform that streamlines your entire international hiring journey from payroll, HR operations to regulatory compliance.
As your EOR partner, we’ll perform background checks for your Peruvian employees.
Take your teamwork to the next level with Skuad.
FAQs
Q1: Do employers do international background checks?
Ans: Conducting international background checks is a common and crucial part of the hiring process. It enables you to guarantee that the candidates have the right skills, knowledge, and expertise to succeed in the job role.
Q2: What are the labor laws in Peru?
Ans: Labor laws in Peru primarily include the Constitution, the Law on Collective Labor Relations, the Law on Days of Work, Hours, and Overtime, and the Procedural Labor Law.
Q3: Can Americans work in Peru?
Ans: Americans can work as employees without a work visa.
Q4: What is the employer of record in Peru?
Ans: An employer-of-record in Peru can be described as a third-party organization that handles all tasks related to global hiring. One fantastic example is Skuad. It is a comprehensive platform that manages various crucial functions in global expansion, ranging from ensuring compliance with labor laws to navigating payroll policies and more.