Utilities 2023: what to do if I don’t get paid on time and how much is the fine for companies that fail to comply?

Since April 24, companies began to pay profits to their workers for the net profits registered during 2022. According to law, this right is deposited within 30 days after the expiration of the term that companies have to present the Annual Income Tax Affidavit. However, what happens if you do not receive this payment on time? How much can the company be fined? company? We tell you here.

Profits 2023: which workers receive this money?

This compulsory compensation everyone receives it workers nationals or foreigners, including those with indefinite or fixed-term contracts, part-time, with remote work or telecommutingas long as they are on the payroll and their companies have generated profits.
The worker who has worked at least one day in the 2022 period is also entitled to receive this extraordinary money.

Deadline that your company has to deposit the profits

To find out what is the deadline for your company to deposit the profits, first of all you should look at the last digit of your RUC. For example, if your number ends in 9, the time you have to submit your Affidavit of Income Tax it is until April 10; Therefore, if we count the following 30 calendar days indicated by the norm, the last day for the payment of your utilities must be May 9. Next, we detail the schedule expiration dates to know the distribution dates of this extra money:

Utilities 2023: what to do if I don’t get paid on time and how much is the fine?

According to the Ministry of Labor and Promotion of Employment (MTPE), after the deadline for the distribution of utilities, Workers can make a payment request to their company in writing, which can be through a simple letter.

In addition, non-payment, partial or out of date, of the utilities It can generate two types of consequences. The first is the generation of interests Moratoriums to the company equivalent to the legal interest set by the Central Reserve Bank of Peru (BCRP).

The second, that the company can be denounced by a worker before sunafil, auditing entity that can initiate an inspection procedure. If the breach of the obligation is determined, it is considered a serious infraction in matters of labor relations.

In this sense, the Labor Inspector can propose to apply a fine that can range from 1.57 UIT (which amounts to S/7,771.50) to 26.12 UIT (equivalent to S/129,294). This, depending on the number of workers affected.