July bonus: fine can reach up to S/129,294

Within the framework of the National Holidays (July 28 and 29), employers must deposit the bonus to their workers, with the maximum date being Saturday, July 15.

Failure to comply with this obligation is considered a serious infraction in labor matters. Below are the main aspects to take into account regarding this benefit for workers in the private sector.

1|Who is entitled to free?

Subordinate workers in the private sector with an indefinite, fixed-term and part-time contract have the right to gratuity, says the Lima Chamber of Commerce (CCL). The union adds that to receive this benefit it is not required that the worker has worked a minimum of 4 hours a day.

“The workers of small companies, hired after the company was registered in the Micro and Small Business Registry (REMYPE), will receive half a salary of gratification in accordance with the MYPE-TUO DS 013-2013-Produce law”, adds the CCL.

Employees of microenterprises who have been hired before REMYPE enrolls are also entitled to half a gratuity salary.

2| What is the amount that must be deposited?

Workers will be able to receive a full salary as a bonus and, additionally, Essalud affiliates will receive an extraordinary bonus of 9%, mentions the CCL.

“This is in accordance with Law No. 27735, a norm that regulates the granting of bonuses, and provided that the worker has worked the entire semester (January-June 2023). The term for the payment of this benefit expires on July 15, the same one that must appear in the electronic form”, stated the manager of the CCL Legal Center, Álvaro Gálvez.

In addition, it specified that for workers affiliated with a health provider company (EPS), the extraordinary bonus will be 6.75%.

In case the employees have worked several months in said semester, the gratuity will be equivalent to one sixth of the salary for each month.

3|Can employers withhold?

On this point, labor law specialist Aymé Límaco explains that no employer has the right to reduce or discount the worker’s income, including bonuses, without the latter having given authorization or without an agreement between the parties.

However, it warns that it may be the case that, exceptionally, due to a court order, as a consequence of a claim for food, the company withholds this money to pay said concept.

For his part, Mauricio Matos, associate partner of the labor area of ​​EY Peru, mentions that this money cannot be the object of compensation for the worker’s debts unless there is express authorization from him.

4| Who does not receive the bonus?

According to the CCL, workers who by agreement with the company receive “comprehensive annual remuneration” are not entitled to receive the July bonus, since, in this case, the bonus and the CTS are already included in the annual comprehensive remuneration agreed with the employer.

Meanwhile, Matos from EY Peru mentions that workers who have worked less than a month between January and July of this year are not entitled to this labor benefit either.

Likewise, public sector workers do not receive the bonus for National Holidays, who receive a Christmas bonus established by the Ministry of Economy and Finance.

Informal workers are not creditors of the bonus. Photo: compositionLR/Andina

5| How much is the fine?

The CCL points out that, if employers do not deposit the bonus by July 15, National Holidaysincur a serious infraction that can be sanctioned with differentiated fines ranging from S/544.5 to S/129.294, depending on the company’s labor regime.

To determine the amount of the fine, in addition to the size of the company, the number of workers affected is taken into account, considering the UIT of S/4,950 for 2023 as a base.

In the case of micro-enterprises, the maximum fine is S/2,227.5; in small companies it reaches S/22,275 and in medium and large companies it reaches S/129,294.