More than 150,000 companies did not pay the AFP for workers

As of February 2023, 151,017 private sector employers failed to deposit their workers’ contributions to their pension fund, revealed the Association of Private Pension Fund Administrators (AAFP).

In this way, the private sector owes S/18,433 millionaffecting 1 million 202,028 affiliates, who have not seen said contributions in their individual accounts, despite the fact that they were deducted from their salaries.

Given this scenario, the Ministry of Economy and Finance (MEF) published the regulation that authorizes companies to benefit from the reprogramming regime of payment of social security contributions of the Private Pension System (Repro AFP Privado). The maximum term to access this benefit is December 31, 2023; In addition, the debt will be updated by applying the average profitability of Fund 2 of the AFPs. It can be paid in five years.

However, this facility is designed only for contributions that have not been paid to the AFPs until December 31 of last year. Therefore, for debts that have been generated as of January 1, 2023, this benefit will not be accessible.

“In the event that private companies have a debt to pay contributions to the AFPs in the current financial year of 2023, the AFPs may require said debts to pay pension contributions with their respective default interest through judicial collection processes. ”, he warned Ivan Paredezsenior attorney at Philippi, Prietocarrizosa, Ferrero DU & Uría.

sanctions to companies

Failure to comply with an obligation in social security matters is considered a very serious infraction by Sunafil, for which reason the company can be economically penalized if the inspection entity corroborates the infraction.

Brian Avalos, a partner in the Labor Area of ​​Payet, Rey, Cauvi, Pérez, Abogados, explained that the fine will depend on the type of company and number of workers affected by non-payment of AFP contributions.

“You can have a fine of approximately S/13,000 if it affects between one and ten workers, and could reach S/260,000 if there are more than 1,000 workers affected ”, the labor activist stated for La República.

worker can denounce

According to labor lawyer Ivan Parédez, the affected worker could also file criminal complaints against the employer for the crime of illegal appropriation of social security contributions, which would cause him to immediately pay his AFP.

In addition, he noted that if the employer does not make the contribution, “what it would generate is that —in purely— the worker ‘loses’ the disability and survival insurance by not accrediting any pension contribution in his CIC.”