In what cases of dismissal can my CTS be withheld by my employer?

May 15 is the deadline for companies to deposit Compensation and Time for Services (CTS) to their workers. This benefit Its purpose is to financially support the employee at the time your employment relationship ends.

However, since 2020, due to the financial needs caused by the pandemica series of decrees were approved to provide for the free withdrawal of this Extra money, which is still valid to this day. However, is it possible for everyone to withdraw this additional bonus? What if an employee was fired on bad terms? Will he have the right to withdraw this money? We tell you here.

In principle, according to law, all worker on the payroll is entitled to receive this benefit. Even when your employment relationship has ended, you are entitled to receive an amount equivalent to the months and days worked during the semester. However, according to Supreme Decree 650the CTS of a worker can be retained by his employer if he was fired for serious misconduct, which has generated economic damage to the company.

What is a dismissal with economic damage?

in dialogue with The Republiclabor lawyer César Puntriano points out that It is not about any fault. “If a worker is fired for job abandonment and if this serious offense does not cause damage to the company, the retention of the CTS will not proceed, “he indicates.

“On the other hand, if, for example, an accountant leaves his job just when the company You are about to file your income tax return with Sunat and, because it did not do so on the indicated date, the company is fined, in which case it can apply,” he says.

Other types of layoffs that generate economic damage It can be when a worker appropriated the company’s money or when he improperly shared confidential information to a competing company.

Procedure for CTS retention to prosper

Once the worker is fired, the employer has to inform the financial entity — CTS depositary — on the retention of this money while the judicial process lasts. If the trial is won, the employer may collect from the worker’s account.

However, for the CTS freeze to succeed, The company has 30 calendar days, counted from the termination of the worker, to initiate a lawsuit collection of compensation for damages.

“You must present proof to the financial institution that legal action has been initiated. With that, the money is withheld until the trial is over,” explains the specialist.

worker can receive compensation

If you do not present the demandthe employer will be obliged, as compensationto pay the former employee for the days in which he was prevented from withdrawing his CTS.

“If 30 days have passed and the lawsuit has not been filed, the employer has to pay the former worker 30 days of compensation, which is one day of salary for each time he was unable to withdraw his CTS,” adds Puntriano.

Other causes for retention of CTS

Other causes that can generate a form of retention are the loans, salary advance or merchandise delivery owed by the employee, provided they do not exceed 50% of the amount of the CTS. These causes are generally with prior agreement.

“It’s not like retention, but like a warranty. What the employer has to do is notify the depositary (bank) that he has made an advance salary to the worker and together they have agreed that the CTS will be like the guarantee, “says the lawyer.

Alimony

According to law, the deposits of the CTS They can be seized up to 50% as long as the worker has food debts. If the employer learns of a food trial, he must inform the judge about which bank, cooperative or savings bank is the depository chosen by the worker to receive the CTS.