Bonus July 2023: private sector workers will receive full salary

The Chamber of Commerce of Lima (CCL) reported that workers in the private sector will be able to receive a full salary as a bonus. Besides, EsSalud affiliates receive an additional 9% bonus.

“This is in accordance with Law No. 27735, a norm that regulates the granting of bonuses, and provided that the worker has worked the entire semester (January-June 2023). The term for the payment of this benefit expires on July 15, the same one that must appear in the electronic form”, reiterated Álvaro Gálvez, manager of the Legal Center of the CCL.

On the other hand, for those affiliated with a Health Provider Company (EPS), the extraordinary bonus will be 6.75%.

The CCL recalled that those workers who have worked from January to June of this year will also receive a bonus equivalent to one sixth of the salary for each month worked. However, for each unjustified absence, a thirtyth of the sixth to be received will be deducted.

Which workers receive the bonus?

This labor benefit is granted to subordinate employees of the private sector, whether they are hired indefinitely, on a fixed-term or part-time basis. It is important to note that workers are not required to have worked a minimum of four hours a day in order to receive it.

In the case of small businesses, employees hired after the company’s registration in the Micro and Small Business Registry (Remype) will receive half a bonus salary in accordance with the MYPE-TUO DS 013-2013-PRODUCE Law.

Likewise, micro-enterprise workers who were hired before registering with Remype are also entitled to receive half a salary.

Those included in the Agrarian Labor Regime (Law 31110) can access this benefit as long as, within the first five days of starting the employment relationship, they have informed their employers that they wish to receive the semi-annual bonuses at the same time as the workers of the common labor regime and not together with their daily remuneration.

However, those who maintain an agreement with the company to receive a “comprehensive annual remuneration” are not entitled to receive the July bonus.

In these cases, both the bonus and the CTS are already included in the annual comprehensive remuneration agreed with the employer.

On the other hand, microenterprise workers hired after registration in Remype, as well as independent workers who are not subject to labor subordination with the company, do not have the right to this payment.

It should be noted that public sector workers receive a “aguinaldo” instead of the bonus, the amount of which is determined by the Ministry of Economy and Finance (MEF), in 2022 it amounted to S/300.

What is the penalty for employers who fail to pay the gratuity?

The lack of payment or deposit of the gratuity for National Holidays until July 15 is considered a serious infraction by employers. Due, Differentiated fines are established that vary from S/544.5 to S/129,294, depending on the labor regime of the company.

The current labor fine scales were approved by Supreme Decree 008-2020-TR. These are divided into three categories: microenterprises, small enterprises, and medium/large enterprises (not mypes).

Along these lines, to determine the amount of the fine, the size of the company is considered, as well as the number of workers affected, based on the Tax Unit (UIT) of S/4,950 for the year 2023.

It is important to highlight that the fines imposed on micro-enterprises and small companies registered in Remype may not exceed 1% of the net income received in the fiscal year prior to the generation of the inspection order. This measure seeks to avoid excessive sanctions that could seriously affect smaller companies.

What is truncated gratification and to whom does it belong?

When a person ends their employment relationship and has completed at least one full month of service, they are entitled to receive the truncated bonus. This benefit is calculated proportionally to the calendar months worked from January 2023 to the termination date.

The remuneration considered for the payment of this gratuity is the one in force in the month prior to termination and is delivered together with the social benefits within 48 hours after the end of employment.