CTS 2022: what to do if the company does not deposit the labor benefit on the indicated date?

The employers of micro, small, medium and large companies have until Monday, May 16, 2022 to make the deposit of the Compensation for Time of Service (CTS) corresponding to the semester period November 2021-April 2022. In this note, find out what to do if they don’t pay you the money.

This labor benefit allows workers to have a fund that they can use in case they stop working in the company. For this reason, this amount that accumulates cannot be withdrawn unless the worker has accumulated the equivalent of four salaries. Once achieved, he can proceed to remove the surplus.

What to do if my company has not deposited the CTS?

If the employer has not deposited the CTSthe worker has the right to file a complaint with the National Superintendence of Labor Inspection (Sunafil). In this way, the responsible entity will be in charge of supervising the correct fulfillment of the deposit.

How to file a complaint with Sunafil?

To file a complaint against the company that has failed to pay the CTS, the worker must enter to the Sunafil virtual application. As indicated by the platform, all complaints are confidential, you should only have the following information at hand:

• RUC number of the company.
• Address of the workplace to report.
• Documents that support your complaint (payment slips, employment contract, etc.) scanned and in PDF format.
• Have an email.
• Personal cell phone number.

How much is the fine for companies if they do not deposit the CTS?

To determine the amount of the fine, in addition to the sector to which the company belongs, the number of affected workers is taken into account, considering the ITU as a base (S/ 4,600 in force in 2022).

The fines for micro 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 in the same sanctioning procedure. That is, it ranges from S/ 506 to S/ 2,070.

While for small businesses the sanction is from S/ 2,070 to S/ 20,700.

For large companies, the fine ranges from S/ 7,222 to S/ 120,152.

The current labor fine scales were approved by the Supreme Decree No. 008-2020-TR.

Can I withdraw the CTS?

The general rule establishes that only the excess of four salaries can be withdrawn from the CTS account.

To determine the intangible amount, the last salary that the worker had on the date on which the withdrawal is requested must be considered, multiplied by four.

For example, if the total deposited in the bank is S/ 10,000 and the worker’s salary is S/ 2,000; the four salaries are equivalent to S/ 8,000; the excess to four salaries will be S/ 2,000.

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