are approaching National Holidays and with it comes the economic bonus called gratificationwhich is granted to collaborators subject to the labor regime of private activity and which is attributed twice a year.
This benefit is a right that every worker belonging to the Gratuities Law 27735 has, regardless of the type of contract (indefinite, fixed-term and part-time) or hours of weekly dedication. Likewise, domestic workers also have the right to collect this benefit and the amount will be calculated according to the salary they receive.
“The bonus is equivalent to a monthly remuneration in July and another in December, as long as the worker has worked the full corresponding semesters (from January to June and from July to December). In case you have not worked the full semester, the bonus is calculated based on the full months worked (full calendar month), proportionally. In the case of small business workers, the same rules apply, but the amount of the bonus is equivalent to half a monthly salary. points out Dr. Christa Caro, professor at the Norbert Wiener University School of Law.
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What happens if the company does not pay gratuities?
The deadline to make the payment of the bonuses is until July 15, for which the specialist mentions that if a company does not do so, it would be incurring a serious infraction in terms of labor relations in accordance with Article 24 of the Regulation of the General Law of Labor Inspection, approved by Supreme Decree 019-2006-TR. This infraction can be sanctioned by the National Superintendence of Labor Inspection – SUNAFIL, with fines as follows:
- In the case of non-MYPE companies (micro and small companies): Amounts will be paid from 1.57 UIT (S/7,222.00) in case the affected is a single worker and up to 26.12 UIT (S/120,152.00) in case those affected are more than a thousand workers.
- For small businesses: The current amount will be 0.45 UIT (S/2,070.00) in case the affected is a single worker, up to 4.5 UIT (S/20,700.00) in case those affected are more than one hundred workers.
- In the case of domestic employers: The amount of 0.13 UIT (S/598.00) for each affected household worker, the amount rises in the case of more workers.
“It is important to mention that every service provider that issues receipts for fees is an independent worker and bonuses only benefit workers under a dependency relationship unless we are faced with a covert employment relationship, in which case, by application of the principle of primacy of reality, it would be up to the service provider to receive bonuses”, adds the specialist in Labor Law from Norbert Wiener University.
Caro also points out that the payment of bonuses cannot be divided, unless we are faced with workers who have agreed to receive their salaries under the Annual Comprehensive Remuneration (RIA) modality. This modality is only freely accessible to workers who currently earn no less than S/9,200.00.
In addition, the associations of owners, as well as the associations or groups of neighbors, can benefit from the labor regime of the microenterprise, with respect to the workers who provide them with services such as surveillance, cleaning, repair, as long as they do not exceed ten workers. .
