Not depositing the CTS will be fined with S / 129,294

1|How long do companies have to deposit the CTS?

Companies have until next Monday, May 15, as the maximum period to make the first deposit of the year in the Compensation for Service Time (CTS) account for their workers.

Employers, if they do not comply with this obligation, incur in an offense classified as serious.

In this sense, the National Superintendence of Labor Inspection (Sunafil) reported that from 2022 to date, it issued a total of 10,289 infractions for non-compliance with the CTS deposit by companies.

“That was the result after carrying out 20,213 inspections, in which 96% were attention to the complaints made by the workers themselves against the companies where they work,” said the entity.

2|Who should receive this benefit?

The CTS can be accessed by all workers in the private labor regime who have worked at least four hours a day and who have at least one full month of services between the months of November 2022 and April 2023, explains Mauricio Matosassociate partner of the Labor Area of ​​EY Peru.

Small business workers are also included, but at a rate of 15 daily wages per full year of services with a maximum of 90 daily wages.

As well as the people included in the agrarian regime, for whom the CTS is included in the daily remuneration at a rate of 9.72% of the basic salary, according to the expert.

3|Which workers will not receive the CTS for May?

According to the regulations, part-time workers are excluded from this benefit who have worked a day of less than four hours a day, the workers of the microenterprise hired after the registration of the company in Remype, as well as those who receive 30% or more of the amount of the fees paid by the public for services, and public sector workers subject to special regimes.

Finally, employers who receive full annual remuneration are also excluded.

4|How is this labor benefit calculated in a variable salary?

On this point, Matos indicates that when the worker receives an imprecise or variable main remuneration, the CTS will be the result of the average received by the worker between November of the previous year and April of this year.

While if the employee receives a fixed remuneration, but has an imprecise or variable complementary remuneration (for example, commissions, piecework, overtime, etc.), in this case, these amounts will be included in the calculation as long as they have been received on three or more occasions within the period from November to April of the previous year, in which case the concepts are added and divided by 6, according to the EY Peru specialist.

5|How much are the fines for not depositing the CTS to employees?

The Chamber of Commerce of Lima (CCL) indicates that not depositing the CTS within the established term is considered a serious infraction. Therefore, it indicates that the National Superintendence of Labor Inspection (Sunafil) can apply differentiated fines for micro, small, medium and large companies, which range between S / 544 and S / 129,294.

While the penalty for not delivering the settlement sheet with the CTS calculation, within five days of making the deposit, ranges between S/222 and S/76,824.

The CCL mentions that to determine the amount of the fine, in addition to the sector to which the company belongs, the number of workers affected is taken into account.

6|Will workers be able to withdraw their CTS for May?

Workers can withdraw 100% of their funds from their CTS account until December 31 of this year. This within the framework of Law no. 31480which authorizes the provision of Compensation for Service Time in order to cover the economic needs caused by the Covid-19 pandemic.

It also remains in force Law no. 30334according to which workers can withdraw from their CTS the excess of four salaries, highlights the CCL.

In this sense, he comments that in the event that the worker decides to withdraw this money, he must notify his employer in writing, in order to inform in which financial institution this fund is deposited.

“To determine the intangible amount, the last salary that the worker had on the date on which the withdrawal is requested must be consideredmultiplied by four ”, details the union.