They seek to include gratification in monthly remuneration

The president of the Congress of the Republic, María del Carmen Alva, has presented five legislative initiatives that seek to make adjustments to the law on productivity and labor competitiveness.

One of them opens the possibility that employers and workers who have a salary lower than S / 8,800 (2 UIT) can negotiate that the bonus and other labor and conventional benefits be incorporated into the monthly remuneration, with the exception of the Compensation for Times of Services (CTS) and utilities.

Currently, the law only allows workers with salaries above S / 8,800 (2 UIT) to agree to an integral annual remuneration (RIA), which includes employment benefits such as CTS and bonuses, with the exception of utilities.

For the former Vice Minister of Employment Promotion and Labor Training Fernando Cuadros, this legislative initiative would be a dangerous measure especially for new hires, as this could mean a reduction in salary.

“You could say that this amount includes the base salary and the bonus, but it may be that a reduction to the remuneration based on the practice. It is a perverse incentive for companies to reduce salaries, reduce labor costs for their new hires and for temporary workers, who are the majority, “he said.

Julio César Bazán, president of the Central Unitary of Peru (CUT), agrees on this, and affirms that he has already sent an official letter to the Labor Commission showing his rejection of said proposal.

“What this full remuneration does is appear to be a higher salary for workers, but it is affecting their future,” added Bazán.

Germán Lora, a labor lawyer, disagrees with both positions, since he states that this measure -if approved- It would only apply if the worker accepts it. “What does that rule do? It simplifies labor relations, a employer you will feel more relieved from the administrative point of paying 12 monthly payments and let the grati be incorporated into the salaries ”, commented the expert.

It is worth remembering that the National Competitiveness and Productivity Plan approved by the Government in 2019 proposed the RIA for workers who earn less than 2 UIT, this was rejected by the trade union centrals.

Make part-time contracts and terminations more flexible

The congresswoman from the bench of Popular Action He has also proposed regulating part-time work. What would be sought is that the 24 hours a week that corresponds to a worker in this modality can be distributed in any way. For example, you could work eight hours a week for three days, Lora explains.

Alva also proposes that companies can terminate the employment relationship of a number of workers less than 10% of the total staff. Currently, a termination can be requested as long as it involves 10% of the staff.

It also proposes making fixed-term contracts more flexible. For former Vice Minister Cuadros, what should be promoted are the indefinite contracts.

Reactions

Fernando Cuadros, former Deputy Minister of Employment

“Dice agree as if it were voluntary, but a worker with a temporary contract does not have greater bargaining power, it is most likely that it will be imposed ”.

Germán Lora, labor lawyer

“The worker chooses whether he wants to or not, it is not compulsory. If the worker does not want to, he will continue to receive his grati in July and December; and if you want the grati, it is incorporated into the monthly salary ”.