On Saturday, July 15, the deadline for companies to pay the bonus for National Holidays, which all workers in the private sector are entitled to, expired. In this regard, the National Superintendence of Labor Inspection (Sunafil) reported in a press release that failing to pay this economic benefit constitutes a serious infraction, whose fines could exceed S/120,000. Next, find out everything a worker must do if they have not received their bonus within the established period.
National Holidays Bonus: what happens if I didn’t get paid on time?
According to article 5 of Law 27735, companies had to deposit the bonus until July 15. If this was not done in this way, workers in the private system who have an indefinite, fixed-term or part-time contract have the possibility of filing a complaint with the employer.
In addition, they can formally request payment in writing or by telephone before the corresponding instance of the company (human resources, administration, treasury, among others) and communicate the fact to their union if the company had it. Similarly, they can submit a virtual complaint to Sunafil, which will inspect this irregularity. If it is detected that the gratuity has not been paid on time, a non-compliance requirement will be made or a fine will be imposed.
Gratification for National Holidays: how much is the fine for companies if they did not pay me?
According to official information from Sunafil, failing to pay bonuses to private sector workers is a serious offense that is determined by the number of workers affected and the type of company. In this sense, the fines range from S/2,227 to S/22,275 for a small company, and from S/7,771 to S/129,294 for a non-mype.
Gratification for National Holidays: how to file a complaint with Sunafil?
If the bonus was not deposited, you can file a formal complaint with Sunafil through the virtual complaint application that is on the institution’s website or by writing to consultas@sunafil.gob.pe. Then follow these steps:
- Enter the Sunafil link to report breaches of labor rights.
- Select the labor regime in which you are.
- Enter all the employer’s data, such as your RUC and location of the workplace.
- Write your personal data: ID and place of birth.
- Write the reason for the complaint.
- Attach some documents that support your complaint, such as the employment contract, pay stubs, emails, etc.
Remember that one of the advantages of this system is that the complaints are anonymous and this will allow Sunafil inspectors to go to the company without indicating the name of the worker who made the claim.
Learn about the steps to file a complaint with Sunafil if you were not paid your bonus for National Holidays. Photo: composition LR/Sunafil
How to calculate the gratuity for National Holidays?
Pursuant to Law 27735, the amount of the gratuity is equivalent to a full monthly remuneration if the worker worked the entire semester (from January 1 to June 30). In the case of those who did not complete the first six months of work, the figure will be in proportion to the number of calendar months that they completed their work.
In addition, EsSalud affiliates have an additional bonus of 9% and for those who are in a Health Provider Company (EPS), the bonus will be 6.75%.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
