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If I had a second child, do I have to pay double family allowance?

If I had a second child, do I have to pay double family allowance?

In Peru, the payment of household allowance It is a right that, according to the provisions of Law 25129, corresponds to all formal workers who provide services for the private sector and have children of school age. This social benefit It must be delivered in its entirety and in addition to salary. In the event that the employer does not comply with this regulation that the Ministry of Labor and Employment Promotion requires (PETM), you will be committing a serious fault.

How much is the family allowance payment?

Under current labor law, the family allowance equals 10% of the minimum living wage (RMV) whose salaries have not been agreed through collective bargaining. For example, currently, the established minimum wage amounts to S/1,025, so a worker who receives this amount corresponds to 10%, that is, S/102.5.

Given its remunerative nature, this payment is the “calculation basis for all social benefits (gratuities, holidays, CTS, utilities, etc.)”, according to the MTPE. For this reason, the payment for family allowance is also subject to withholdings such as ONP, AFP, fifth category income tax, among others.

Is the family allowance paid for each child?

In dialogue with La República, the labor lawyer German Lora indicated that this amount consists “legally of 10% of the minimum living wage and corresponds to a single payment, even if the worker has one or more children.” This amount is currently equivalent to S/102.50.

Likewise, it specified that in the event that there is a collective bargaining between employer and worker, this amount could vary, and may be made for each child that is had.

For his part, the labor lawyer Ricardo Herrera adds that an improvement in the benefit can also be established through an arbitration award, as specified in article 2 of Law 25129, modified by Law 31600.

What requirements are needed to access the family allowance collection?

  • Belong to the labor regime of private activity.
  • Receive remuneration that is not regulated by collective bargaining.
  • Have a current employment relationship.
  • Prove the existence of the worker’s child or children with ID or birth certificate.
  • Support one or more children under 18 years of age. If you are studying higher education or university, the benefit extends for a maximum of 6 years after reaching the age of majority.

Source: Larepublica

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