Fiestas Patrias: what you should know about bonuses

According to Law on Gratuities No. 27735, the deposit of these bonuses should be made to private workers by July 15. However, the amount varies depending on the sector as well as the type of contract and the labor regime to which they are linked. Likewise, public workers would also receive a representative amount. Here we tell you how to calculate the money to receive and other important details to take into account.

1.Who will receive gratification?

Private sector workers with permanent, fixed-term or part-time contracts are entitled to receive this benefit. It also applies to workers in small businesses, hired after their registration in the Registry of Micro and Small Businesses (Remype) and to workers in micro-businesses who were hired before their registration in the Remype. In the case of workers in the Agrarian Labor Regime, they will receive the bonuses provided that within five days of having started the labor relationship they have requested that they be received at the same time as workers in the regular labor regime, explained the Lima Chamber of Commerce (CCL).

On the other hand, Those who would not receive a bonus in July would be the workers who, by agreement with the company, receive a comprehensive annual remuneration. In this case, the bonus and the CTS are already included in the annual comprehensive remuneration agreed with the employer. It would not apply to self-employed workers either.

2.How can I calculate how much I will receive?

According to the Gratifications Law No. 27735, workers in the private labor regime will receive a full salary this month for gratuities, additionally receiving an extraordinary bonus of 9% for being affiliated with EsSalud. Meanwhile, those who are affiliated with a Health Provider Company (EPS), will have an extraordinary bonus of 6.75%in accordance with regulations.

In the case of those workers who have worked only a few months and not the entire semester, that is, from January to June, the bonus will be proportional to one sixth of the salary for each month worked, explained Álvaro Gálvez, manager of the Legal Center of the Lima Chamber of Commerce.

However, if the worker has unjustified absences during a month, one-thirtieth of the sixth amount to be received will be deducted for each of these absences. On the other hand, in the case of commission agents and pieceworkers, the amount of remuneration for the payment of their bonus is obtained based on the average of commissions received in the six months.

3.What happens if I stopped working before July?

In the event that the employment relationship with the company has ended before July, the employee must receive a truncated bonus calculated in proportion to the time he or she was managing in his or her position during the corresponding semester. That is, according to the calendar months from January to June of this year.

However, it is important to clarify that -as regards truncated gratifications- Payment is made as long as the employee has at least one full month of service at his/her workplace.

On the other hand, the Legal Center of the CCL explained that the payment of bonuses would not include other additional amounts, such as profits, extraordinary bonuses, mobility allowances, education, travel expenses and other non-remunerative concepts, provided for in article 19 of the Law on Compensation for Time of Service (CTS).

4.Is there a fine for not depositing the bonus?

If the employer does not make the bonus deposit before July 15 or does so only partially, he or she is exposed to a serious labor violation. The administrative sanctions or fines are serious, considering the number of employees affected, the seriousness of the violation and the labor regime to which the company belongs. “They could amount to figures between 0.45 UIT and 4.5 UIT for small companies and from 1.57 UIT to 26.12 UIT for non-SMEs,” explained Jimmy Huatuco, project manager at Buk Peru.

However, Mauricio Matos, partner in the labor department of EY Peru, added that the lack of full and timely payment of this benefit is one of the most recurrent breaches. To have a more realistic idea of ​​the amount to be paid for failure to make the corresponding deposit, The fine for the non-MSE employer would be between S/8,085.50 and S/134,518.

5.How can I make my money profitable?

Cristian Arens, a best-selling author and financial education specialist, advises informed investment in options such as the stock market, the real estate market or cryptocurrencies.

For his part, Jose Ushiñahua, channel manager at Caja Los Andes, emphasizes that in the search for more attractive interest rates for fixed-term deposits, savings banks would be a good option due to their consistent performance over time.

“Conservative savers who want to invest with a return pre-established by the financial institution can opt for a fixed-term deposit. Currently, we are managing rates that go up to 5.70% for all clients,” he stressed.

The recommendation that economists agree on is to diversify investments and seek financial advice to achieve financial stability in the future.

6.What about public workers?

The Government of Dina Boluarte made official the payment of the Christmas bonus that will be made effective in the July payroll of public sector workers. Through Supreme Decree No. 124-2024-EF, published in the official newspaper El Peruano, The granting of this benefit, the amount of which amounts to S/300, was authorized.

Likewise, the legal device of the Ministry of Economy and Finance (MEF) establishes that the bonus is not subject to contributions, levies or discounts of any kind, except those established by law or authorized by the worker. This additional income is contemplated in the public budget law for fiscal year 2024.

On the other hand, interns in Human Medicine and Dentistry will receive a bonus of S/100, as established. The payment of the bonus for the public sector will be made until July 25.