Employers have until Saturday July 15 to deposit their workers —both with temporary and indefinite contracts— the gratification corresponding to the month of July. In addition, apart from a full salary as a bonus, an extraordinary bonus of 9% is also included for those affiliated with EsSalud and one of 6.75% for affiliates of a Health Provider Company (EPS).
“This is in accordance with Law No. 27735, a rule that regulates the granting of bonuses 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,” said Álvaro Gálvez, manager of the CCL Legal Center.
Which companies must grant the bonus?
All formal companies must comply with paying the bonus concept to their workers, reported Aymé Límaco, a specialist in labor law. However, the amount may vary according to the size of each company. Thus, he clarified that those “employees who belong to companies registered in the general regime must receive an amount equivalent to one salary, while those who work in small companies or are domestic workers will receive an amount equivalent to 50% of their monthly salary. ”.
Likewise, no employer has the right to reduce or discount the respective salary of the worker, nor the moment corresponding to the gratification. However, if people have a court order as a result of a food claim, the company can withhold the payment of the gratuity.
How much is the fine for not paying the gratuity?
If employers fail to pay until the fortnight of July, they can be sanctioned with fines from S/544.5 to S/129,294, depending on the labor regime and size of the company.
According to the Lima Chamber of Commerce (CCL), there are three scales of labor fines, approved by Supreme Decree 008-2020-T: microenterprise, small enterprise, and medium and large enterprise (not mype).
It is important to highlight that, apart from the size of the company, the number of affected workers is also considered when taking the UIT of S/4,950 as a base for the year 2023.
The CCL highlights that the fines for micro and small businesses, registered in the Micro and Small Business Registry (Remype), may not exceed 1% of the net income received in the fiscal year prior to the generation in the same sanctioning procedure. of the inspection order.
Source: Larepublica
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