Employers have until tomorrow, December 15, to deposit the gratification for Christmas to their formal workers. If this deadline is not met, they would be incurring a serious labor offense, which is fined up to S / 114,928.
1. To whom does it correspond?
The Lima Chamber of Commerce (CCL) states that This benefit corresponds to workers in the private labor regime with an indefinite, fixed-term and part-time contract. To do this, employees must have worked at least a full month between July and December of this year.
Among the beneficiaries are also workers of small companies, domestic workers and workers of the Agrarian Labor Regime, in the latter case only if they communicated their desire to receive the money in a semi-annual disbursement, otherwise, this concept will be paid together with their daily remuneration.
2. Until when is it paid?
The regulations establish that employers have until December 15 to make the payment. “If the company does not make the disbursement in a timely manner, it is incurring a serious violation in labor matters”, indicates Mauricio Matos, associate partner of EY Peru.
3. How much is it for me?
The amount assigned for this concept must be equal to a full salary of the worker if he worked the entire semester from July to December.
Matos specifies that, if the employee did not work the full semester, “he will be entitled to a proportional bonus based on the months worked between July and December.”
Small business workers receive half of the benefit. While those who work in micro-enterprises, the self-employed and the informal ones do not receive gratification.
4. How is it calculated?
The amount of the bonus is calculated based on the last gross salary received by the formal worker. To this is added an extraordinary bonus of 9% if you contribute to Essalud or 6.75% if you are affiliated with the Health Provider Company (EPS).
It should be emphasized that, If you did not work the full semester, the bonus will be equal to one sixth of your salary for each month worked, explains the CCL.
5. And in the public sector?
Public sector workers who work will receive up to S / 300 for the concept of Christmas bonus in 2021.
The amount is included in the payroll corresponding to the month of December, according to article 7 of Law No. 31084, Public Sector Budget Law for Fiscal Year 2021.
6. What if they don’t deposit me?
In the event that the company has failed to pay the bonus within the period established by law, workers can go to Sunafil.
“If Sunafil detects that the bonuses have not been paid within the legal term, it will ask the company to fulfill its obligation. If it does not comply, it will initiate the sanctioning process that could end with the fine “, Cristina Oviedo, a labor specialist from the Payet, Rey, Cauvi, Pérez study stands out.
The laborista specifies that the more ranges from 1.57 UIT to 26.12 UIT. This is up to S / 114,928.
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