CTS 2023 payment: what to do if they don’t deposit the money in November?

Thousands of private sector workers are waiting to receive this Wednesday, November 15, the second annual deposit of the Compensation for Time of Service (CTS), a labor benefit that serves as financial support when their contractual relationship ends. with your employer.

However, there are some cases in which the company has not made the respective payment of the CTS or does not comply with it until the date indicated above. Given this situation, we leave you some recommendations to present your claim to the National Superintendency of Labor Inspection (Sunafil). and we tell you the sanctions that exist against violators.

CTS 2023: what happens if the company I work for does not deposit me within the deadline?

According to the Lima Chamber of Commerce (CCL), if companies do not deposit the Compensation for Time of Service (CTS) until the fortnight of November, Sunafil can apply fines ranging between S/544.5 and S /129,224, which are differentiated for micro, small, medium and large companies.

In the case of small companies, the penalty ranges between S/2,227.5 and S/22,275, while for medium and large companies it ranges from S/7,771.5 to S/129,224. Likewise, formal workers registered on the workforce have the right to present their legal claim to demand compliance with the payment of this economic benefit.

Finally, they have the possibility of initiating legal action against their former employer to collect the CTS they owe. In that sense, you have four years counting from the day after your employment relationship ended.

How to file a complaint with Sunafil?

Private sector workers seeking to file a complaint against the company that has failed to pay the CTS must enter the Sunafil virtual application and register the following information:

• Select labor regime 728, which means
• Write the RUC number of the company.
• Register the address of the work center to be reported.
• Have on hand the documents that support your complaint, such as payment slips, scanned employment contracts and in PDF format.
• Enter your personal information such as cell phone number and email.
• Add the matters to report and select your complaint as appropriate: CTS deposit.
• The Sunafil virtual application will show you a confirmation message with the registration of your request.

CTS 2023: In what cases can they withhold this extra money from me?

According to the Lima Chamber of Commerce (CCL), CTS deposits can be seized when a worker has food debts of up to 50%. It must be taken into account that this extra money is obligatorily paid into the bank chosen by the worker, even when there is a judicial seizure for this reason.

In this scenario, the company is responsible for notifying the judge that the CTS has been deposited in accordance with the law and the seizure must be requested from the depositary bank, unless it is the CTS that is recorded in the settlement of the worker who ceases and whose deadline for deposit has not yet expired.

How to calculate the CTS for November?

The amount of the CTS It varies according to the type of company and the working time in the semiannual period. In that sense, you can use the La República calculator to perform an effective mathematical operation of this economic benefit. To do this, write your date of entry to work, gross salary, computable period of work and whether you receive family allowance.

In the case of medium and large companies, if a worker worked the entire semester, from May 2023 to October 2023, the CTS is calculated as 50% of the gross salary plus one sixth of the bonus received in July 2023. 2023.

In the case of microbusinesses, there are three cases related to the payment of the CTS:

• If the microenterprise is not registered with Remype, all its workers will have the right to receive the CTS under the general rule.
• If the microenterprise was registered with Remype, workers hired before registration can receive the CTS payment under the general rule.
• If the workers were hired after the microenterprise was registered with Remype, these collaborators do not have the right to the CTS.

In relation to small businesses, there are three other situations:

• If the small company is not registered with Remype, all its old and new workers will be entitled to the CTS in accordance with the general rule that applies to medium and large companies.
• If the small business is registered with Remype, workers hired before its registration may receive the CTS payment.
• If the worker has been hired after the company registered with Remype, his CTS will be 50% of what is obtained in the general regime.