According to the Annual Income Tax Affidavit, every company must pay profits to its workers within certain time limits. May 13 is the last day on which companies must benefit their workers with the extra profits generated by them. However, what happens if the company I work for hasn’t paid me my profits yet?
If companies avoid disbursing profits to their workers, they would be committing a fiscal offense., which worsens depending on the level or magnitude of the obstruction that the entity is carrying out. Therefore, the fines that companies would face are measured according to the number of people affected and the size of the company at fault.
Jimmy Huataco, Head of Buk Peru Projects, indicates that “Failure to comply with this right entails sanctions that range from S/1,138 to S/260,023, depending on the magnitude of the infraction and the number of workers affected“. Therefore, companies are urged to comply with labor and economic well-being standards.
How should I report Sunafil?
The National Superintendency of Labor Supervision (Sunafil) provides us with tools to assert our rights in case the company where we work does not pay us our profits. The main thing is always to make the report, detailing all the infractions that the contractor company could be incurring, including who is responsible, who was in charge of administration, when these practices began, etc. This system is based on guaranteeing the job stability of workers and a favorable environment.
This act is supported by Sunafil’s defense of workers’ rights, whose objective is to ensure compliance with labor regulations in Peru.
In which companies is the complaint not appropriate?
However, there is a sector of companies that are exempt from paying profits. These are the following:
- Individual companies
- Microbusinesses
- Self-managed
- Cooperatives
- Communal
- Civil societies
These types of companies do not appear on the list of companies that must pay profits.
What are utilities?
Let us remember that profits are a benefit for the workers who generate profits in a company, as long as certain criteria and goals established by the company are met. For example, private companies that have only 20 workers and generate third-category income.
This benefit is for all workers who are on the payroll, corresponding to a part of the additional profits that the company has obtained. Profits are calculated after deducting investments and taxes.
What are the profits by percentage?
There are only 7 types of activities that companies are required to distribute a percentage of profits. These are the following:
- Telecommunications companies: 10%
- Fishing companies: 10%
- Industrial business: 10%
- Wholesale and retail companies: 8%
- Restaurant companies: 8%
- Agricultural companies: 5%
- Companies that carry out other activities: 5%
Source: Larepublica
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