How long does a former worker have to claim their profits and prevent them from going to a common fund?

The last March 24 began the payment of profits to the workers in recognition of their contributions to the results and net profits of the companies. This added bonus and of a mandatory nature, it is executed once a year and also includes the former employees Of a company. What criteria are applied to this group and how long do they have to claim this extra money? We tell you here.

It should be noted that not all companies they deposit profits. The companies that generate third category income and have more than 20 workers They do have the obligation to do so, as long as they have reported earnings after declaring their income tax.

What companies do not share profits?

• Microenterprises accredited in the National Registry of Micro and Small Businesses.
• the institutions of public sector.
• The organizations non profit.
• Cooperatives, communal and civil societies.
• The private companies that in 2022 had 20 workers or less.

If I am a former worker, until when can I claim my profits?

Those who meet all the aforementioned criteria but stopped working in the company before the date on which the profits are distributed yes they have the right to collect the amount that corresponds to them, indicated the head of the labor area of ​​Cuatrecasas, Aymé Límaco. However, she explained that there is an expiration date to collect this bonus.

“This charge can be made up to four years after the termination of the employment relationship. For this, former workers must expressly request it from their previous employers”, explained the lawyer.

In case the company fails to pay profits, it can be penalized by the National Superintendence of Labor Inspection (Sunafil) with fines amounting to S/129,294.

Can my utilities prescribe?

The labor lawyer Ricardo Herrera has the same reading, in a previous dialogue with La República: “If a person did not claim the utilities in the following four years —whether you have a labor relationship or not—, so, those utilities revert to the common mass of profits to be distributed with the workers”.

Utilities 2023: which workers can receive this benefit?

To enjoy this right, it is sufficient that the citizen (national or foreign) has worked effectively one dayrecalled Jaime Cuzquén, associate partner of the Labor Area of ​​EY Peru. Beneficiaries can be hired indefinitely, on a fixed-term or partial basis, even if they perform their tasks remotely, but it is mandatory that they be on the payroll and that their work center has generated utilities.