The norm defines "migrant" as any foreign person who enters Uruguayan territory with the intention of residing and establishing themselves in it, permanently or temporarily, establishing equal treatment and rights for them that exist for nationals according to the laws of the Republic and the international instruments ratified by the country.
In this context, it is foreseen that individuals or legal entities that employ foreign workers in a dependent relationship in the national territory must comply with all current labor regulations. In other words, all the rights and obligations provided for in Uruguayan legislation are applicable to migrant workers residing in the country.
Immigration Procedures
In order to work legally in Uruguay, foreign individuals must process a Legal Residence (which can be permanent or temporary) and obtain a Uruguayan identification document.
The competent authority for immigration procedures is the National Directorate of Migrations (hereinafter "DNM"), while identity documents are processed by the National Directorate of Civil Identification (hereinafter "DNIC"), both being dependencies of the Ministry of the Interior.
The different residence options depend in each case on the worker's country of origin, as well as the length of stay intended in Uruguay.
- MERCOSUR Residences: can be permanent or temporary (two years, renewable once), with no income or minimum stay requirements.
- Permanent Legal Residence: for foreigners outside of MERCOSUR who wish to reside permanently. The applicant's stay and income are evaluated.
- Temporary Legal Residence: for foreigners outside of MERCOSUR with a stay of up to two years to work in Uruguayan companies, requires a letter from the company.
- Provisional Identity Document: allows temporary residence of up to 180 days, extendable (for employees in Uruguay).
- "Digital Nomad" - Provisional Identity Document is for teleworkers with companies abroad, without contribution to Uruguayan social security.
International Social Security Agreements and Temporary Transfers
In terms of social security, Uruguayan legislation provides that foreign workers will have the right to enjoy the benefits of Uruguayan social security as long as they previously carry out immigration procedures and meet the necessary requirements.
It should be noted that there are certain countries with which Uruguay has signed International Agreements, which allow for the temporary transfer of foreign workers to the country. This is an effective business tool to temporarily relocate qualified personnel and maximize benefits. The Uruguayan company receiving the worker must temporarily include them in its Payroll. This avoids duplication of social security contributions. Through this agreement, workers can continue to receive their salary and make their social security contributions in their home country during their stay in Uruguay (for a period of up to one year, extendable). The procedure begins with the social security entity of the home country, in accordance with the "Multilateral Social Security Agreement of MERCOSUR."
Labor Infractions
No employer may hire foreign individuals who are in an irregular situation in the national territory. This is classified as a very serious infraction to use foreign workers who lack the corresponding regulatory permits.
These types of infractions are sanctioned with fines by the Ministry of Labor and Social Security, which in their minimum degree amount to between 100 and 110 daily wages, in their medium degree from 111 to 125 daily wages, and in their maximum degree from 126 to 150 daily wages, for each worker affected by the regulatory non-compliance. This, without prejudice to the doubling of the amount in case of recurrence, the possibility of temporary closure of the company, and its registration in the Registry of Infringing Companies that exists within the scope of the General Labor and Social Security Inspection.
