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CTS withdrawal 2024: what to do if my CTS is not deposited?

CTS withdrawal 2024: what to do if my CTS is not deposited?

Thousands of workers are waiting for the resolution of Congress regarding the 100% release of CTS and its subsequent approval by the Executive Branch. In this context, people wonder about how it works, the collection dates, the amount to be received and, as one of the most important questions, what happens when the employer does not make the corresponding payment.

Compensation for Time of Service (CTS) It is a mandatory work benefit in Peru which consists of a monthly deposit deposited by the employer in favor of the worker. This deposit is intended to compensate the worker for the time they have provided services in the company and serve as a security fund in the event of losing their job.

This deposit is required for all employerswho have a deadline to make the corresponding deposit. If you do not do so, the employee can take legal action, which forces his or her employer to make the corresponding payment.

What happens if the company does not deposit the CTS?

In the event that a company in Peru does not deposit the Compensation for Time of Service (CTS) of a worker, andwould be incurring a labor violation. As a social benefit that seeks to protect the worker faced with eventual unemployment, companies They are required to make semiannual deposits in May and November of each year. Failure to make this payment of this labor benefit constitutes a serious offense, which, according to the Lima Chamber of Commerce (CCL), the company will have to pay a series of fines:

  • Medium and large companies: for these entities, the monetary penalty ranges from 1.57 to 26.12 UIT.
  • Small business: in the case of this type of employer, the fine ranges from 0.45 to 4.50 UIT.

In addition to the corresponding violations, companies that do not pay the CTS on time, They could suffer other consequences, such as the following:

  • Interest: The company must pay interest on undeposited sums from the date on which the deposits should have been made until they are actually made.
  • Legal claims: The worker can initiate legal action against the company to demand the deposit of the CTS, plus the corresponding interest.

How to file my complaint with Sunafil?

Private sector employees interested in filing a complaint against their company for non-payment of the CTS must access the virtual application of the National Superintendency of Labor Supervision (Sunafil). If you have any questions regarding the operation of complaints through Sunafil, you can request support from the user guide HERE.

In order to make the corresponding report you must follow the following instructions:

  • Access the government page HERE to report labor violations by a private company.
  • Write the RUC number of the company.
  • Register the address of the work center to be reported.
  • 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.

Source: Larepublica

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