When a worker ends his link with a company, either for dismissal or resignation, it is essential to know the benefits that correspond to him. The settlement It is the payment that the employer must make to compensate for the labor rights acquired during the time worked.
By 2025, the Ministry of Labor and Employment Promotion (MTPE) has implemented digital tools that facilitate the calculation of liquidation. In addition, there are regulations that regulate the payment time and the amounts that must be included, which guarantee that private sector workers in Peru receive what corresponds to them.
How to calculate the liquidation of social benefits in Peru?
For Calculate the liquidationit is necessary to take into account several factors, such as service time, monthly salary and accumulated labor benefits. Within the liquidation, the following concepts are included:
- Service time compensation (CTS): It is calculated based on the average of the last six months of salary and is paid in proportion to the months worked in the semester.
- Truncated bonuses: They correspond to the proportional part of the gratification for national holidays or Christmas if the worker does not work the complete semester.
- Non -enjoyed vacations: If the worker did not take his annual rest, he has the right to receive the corresponding payment.
- Compensation for arbitrary dismissal: In case of a dismissal without just cause, the employer must pay an amount equivalent to a monthly remuneration for each year of service.
To calculate quickly, the Ministry of Labor has enabled a digital social benefits calculator, where workers can enter their data and obtain an estimate of the amount that corresponds to them.
When is the liquidation paid in Peru?
The deadline for Liquidation payment It is regulated by Supreme Decree 001-97-TR, which establishes that the employer must pay the corresponding amount in a maximum of 48 hours after the cessation of the labor link.
If the payment is not made within this period, the worker has the right to demand the immediate deposit. In addition, the employer can face sanctions and generate moratorium interests in favor of the worker for each day of liquidation delay. To avoid inconveniences, it is recommended that the worker verify his bank account and, in case of delay, communicate with the company’s human resources area.
If I do not receive my liquidation, what should I do?
If the employer does not meet the payment of the settlement within the established time, the worker can take legal measures to demand his compensation. Among the available options are:
- Submit a complaint with the National Superintendence of Labor Supervision (Sunafil). This agency can sanction the company and demand immediate payment.
- Go to the Ministry of Labor and Employment Promotion. A formal complaint can be filed for a conciliation process to begin.
- Start a judicial process. In extreme cases, the worker can resort to the legal route to demand payment and interest generated by breach.
Those who want to report the delay or absence of payment, must gather all the necessary evidence, such as contracts, payment tickets and emails, which prove the employment relationship and the right to receive the liquidation.
What documents should I receive if I give up or fire me?
When a worker ends their employment relationship, the employer is obliged to deliver certain documents that prove the term of the link and facilitate access to their work benefits. According to him Ministry of Laboryou must receive, in addition to the liquidation of social benefits, a proof of cessation to have the CTS. This document allows the worker to withdraw the accumulated funds in his compensation account for time of services in the financial entity where they were deposited.
In addition, those who leave a job have the right to claim a work certificate. This document certifies the employment relationship and the time worked in the company, since it is essential to apply for future jobs. The worker must request these documents immediately, since they are indispensable to enforce their rights and access other social benefits.
Other social benefits obtained by workers when they leave their work
In addition to liquidation, there are other benefits that workers can receive their functions in a company. These include:
- ESSALUD Insurance Access: After leaving a job, the worker maintains his health coverage for a period of up to three months.
- Retirement of the CTS: If the worker has accumulated a compensation fund for a service time, he can have these resources once he obtains the cessation constancy.
- Unemployment insurance: Some workers can access support programs for job reintegration or temporary subsidies.
- Truncas vacation payment: If the worker has not made use of his holiday period, the employer must compensate for it with the equivalent payment.
Source: Larepublica
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