In the first half of July and December of each year, more than four million workers on the private sector payroll receive the payment of the gratificationin accordance with the provisions of the law.
That being said, in the following days private sector workers should receive the deposit corresponding to December. Below, find out all the details about this remuneration.
Who gets gratification?
Labor lawyer César Puntriano, partner of Estudio Muñiz, pointed out that this labor law is valid for any type of contract, specifying who receives it and the additional income to consider.
In this sense, he mentioned that the gratuity corresponds to the formal workers of the private regime who work under any type of contract.
“All workers subject to the private contracted regime, whether for an indeterminate time, fixed term or part time, as long as they have worked for at least one month, from July 1 to December 30,” he said.
Likewise, he commented that those people who have been working in a company for less than a month, are not entitled to receive this benefit in December, but rather in the next bonus that would be in July of next year.
Who does not receive this payment?
- Small business workers receive half of this benefit.
- Public sector workers receive a “aguinaldo” instead of the bonus, the amount of which is S/ 300 (determined by the MEF).
- Interns and young people in job training receive half an economic subsidy when they are six months old, which does not necessarily occur in July and December.
- The workers of the microenterprise, the independent and the informal, do not receive gratification.
How much will the bonus amount be?
To calculate the bonus for December, the remuneration in force as of November 30 must be taken as a base. In this way, the payment will be equivalent to the worker’s salary plus the family allowance amount (if applicable).
For his part, the specialist mentioned that in order to calculate the bonus corresponding to December, it is important to take into account two factors.
“First, you must consider the time you have worked in this semester, how long you have worked since July 1, and secondly, consider how much you have earned, the so-called remuneration,” he explained.
Along the same lines, he noted that there is an important rule for the issue of service time, which must include a minimum month of work and payment in relation to the months worked. “Based on each month, the law says that the worker has to receive 1/6 of his remuneration, payment that he earned on November 30”he stressed.
The gratuity also considers the overtime, carried out in the semester and the bonus of 9% (EsSalud) or 6.75% (Empresa Prestadora de Salud-EPS) of the salary is added. Given this, here we show you two examples to calculate the bonus to receive the fortnight of December.
- Calculation of gratuity with Essalud
The bonus will be the gross salary plus an additional 9% of the salary for Essalud. For example, if your gross salary is S/ 2,000, you must add 9% of the bonus (which would be S/ 180), which makes a total of S/ 2,180, the amount to be received.
- EPS bonus calculation
On the other hand, as soon as the bonus with EPS will be the gross salary plus the additional 6.75%. For example, if your gross salary is S/ 2,000, you must add 6.5% of the salary (which would be S/ 130), which makes a total of S/ 2,130.