The month of December is one of the most anticipated moments for formal workers in Peru, since it is when the bonus payment is made to those on the payroll, a benefit that many expect as a fundamental part of their annual remuneration. This payment corresponds to the second bonus of the year and must be equivalent to a full salary, as long as the worker has worked during the entire semester prior to payment, as established by regulations.
The bonus can be increased through an “extraordinary bonus”, which corresponds to a fraction of the contribution not made by Essalud, which represents 9% of the amount of the bonus. In the case of workers affiliated with an EPS, they are entitled to an additional 6.75%.
However, although gratuity is a right established by law, not all companies comply with their payment obligation in the stipulated time. So what happens if you don’t get paid your bonus on time?
Failure to pay bonuses is considered a serious infraction within the framework of labor relations, which has consequences for both workers and companies.
The National Superintendence of Labor Supervision (Sunafil) has established that companies that do not comply with this obligation may face sanctions, whose fines vary depending on the size of the company and the number of workers affected by this non-compliance.
The deadline for payment of the second bonus is December 15 of each year, this being the maximum period that the company has to comply with its obligation. If a company has not paid the bonus on the indicated date, the worker has the right to file a complaint with Sunafil. This entity will be in charge of monitoring compliance with the law and, if necessary, sanctioning the offending company.
The fines for failure to pay the bonus can be significant. For non-MYPE companies (micro and small businesses), the fines range between S/8,399.50 and S/139,742.00, depending on the number of workers affected and the amount of the current UIT. In addition to the fine, the company must regularize the pending payment, including legal interest for the delay.
It is important to highlight that the right to receive gratuity is inalienable. This means that the employer cannot claim agreements with the worker to avoid payment of the bonus, and cannot exempt itself from this obligation under any circumstances. In the event that the administrative route before Sunafil does not resolve the problem, there is also the possibility of resorting to judicial authorities.
The right to gratuity is aimed at private sector workers who are on the payroll and subject to the labor regime of private activity. This includes employees with permanent, fixed-term and part-time contracts, as long as they have worked the entire semester. However, there are some differences depending on the type of company you work for.
On the other hand, workers in small companies registered in the MYPE Labor Regime have the right to receive only half a bonus, that is, 50% of their computable remuneration. Workers of microenterprises registered in the Registry of Micro and Small Enterprises (REMYPE) do not have the right to payment of any bonus, according to current legislation.
What to do if you don’t receive your bonus?
To report that a company did not deposit the bonus, the worker must follow these steps:
1. Gather evidence such as payment slips, employment contract, identity documents.
2. To file a complaint with Sunafil, you must enter their website, https://www.gob.pe/sunafil. It is also possible to do it in person at their offices.
3. Complete the corresponding form, detailing personal data, company data, the reported event, attaching documents.
4. Sunafil will follow up on the complaint and may even go to inspect the company and initiate a disciplinary procedure if it verifies the violation.
The complaint can be filed individually or collectively, it is confidential and it is not necessary to have a lawyer.
