How long does a former worker have to claim their profits and prevent them from going to a common fund?




People who stopped working in a company are entitled to receive profits, but there is a maximum term to collect this extra money. How long can they do it?
On March 24, the payment of profits to workers began in recognition of their contributions to the results and net profits of companies. This additional and mandatory bonus is executed once a year and also includes former employees of a company. What criteria apply to this group and how long do they have to claim this extra money? We tell you here.
It should be noted that not all companies deposit profits. Companies that generate third-category income and have more than 20 workers do have the obligation to do so, as long as they have reported profits after declaring their income tax.

What companies do not share profits?
Microenterprises accredited in the National Registry of Micro and Small Enterprises.
Public sector institutions.
Non-profit organizations.
Cooperatives, communal and civil societies.
Private companies that in 2022 had 20 workers or less.

If I am a former worker, until when can I claim my profits?
Those who meet all the aforementioned criteria but stopped working in the company before the date on which the profits are distributed do have the right to collect the amount that corresponds to them, indicated the head of the Cuatrecasas labor area, Aymé Límaco. However, she explained that there is an expiration date to collect this bonus.
“This charge can be made up to four years after the termination of the employment relationship. For this, former workers must expressly request it from their previous employers”, explained the lawyer.
In case the company fails to pay profits, it can be sanctioned by the National Superintendence of Labor Inspection (Sunafil) with fines that amount to S/129,294.

Can my utilities prescribe?
The labor lawyer Ricardo Herrera has the same reading, in a previous dialogue with La República: “If a person did not claim the profits in the following four years —whether or not they have a labor relationship—, then those profits revert to the common mass of profits to be distributed with the workers.

Utilities 2023: which workers can receive this benefit?
To enjoy this right, it is enough that the citizen (national or foreign) has worked effectively for one day, recalled Jaime Cuzquén, associate partner of the Labor Area of EY Peru. Beneficiaries can be hired indefinitely, on a fixed-term or partial basis, even if they perform their tasks remotely, but it is mandatory that they be on the payroll and that their work center has generated profits.

Source: The Peruvian

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