The payment of the settlement of benefits is mandatory for those who have been registered in the electronic form for at least one full month of services.
One of the most frequent questions from workers, when their employment relationship ends, has to do with the payment of the settlement of benefits. Once the employment relationship has ended, the worker registered in the electronic form, for at least one full month of services, will be entitled to payment of the settlement of social benefits within 48 hours of termination.
In this note prepared by the National Superintendence of Labor Inspection (Sunafil), we explain everything you need to know if the employment relationship ends.
What requirements must the worker meet to be entitled to the liquidation of social benefits?
The worker must meet the following requirements:
a) Be registered in the electronic form.
b) You must have at least one month of employment.
c) For the truncated bonus payment, it is necessary to have a calendar month of work.
d) Any cause for the termination of the employment relationship (for example, resignation, mutual agreement, cessation for a trial period, dismissal, among others) is valid to have the right to the liquidation of social benefits, provided that it complies with option a) , b) and c).
What is and what does the settlement of benefits include?
The settlement of benefits is the payment of truncated benefits at the time of termination of the relationship. These may include compensation for truncated time of service (CTS), truncated vacations, as applicable, as well as any amounts owed pending payment.
What is the maximum time that a company has to pay the liquidation?
The settlement payment must be made within 48 hours of the termination. In the event that the payment is not complied with in this period, the employer must assume the interest that is generated from the date on which it should have paid until the date on which the payment was effectively made.
What documents must be submitted along with the settlement?
The company is obliged to deliver a work certificate that indicates the time of the services and the nature of the work performed, as well as a certificate of termination that allows the worker to dispose of the CTS fund that has accumulated in the financial institution at the end. of the link.
What happens to the severance pay if I get fired from my job?
The settlement of benefits must be paid regardless of the reason for termination, be it resignation, dismissal or mutual dissent. In case there is a dismissal, it must be based on a just cause that is related to the capacity or conduct of the worker. If the dismissal is not due to a just cause, the worker may demand the payment of compensation for arbitrary dismissal with a maximum limit of 12 remunerations.
How to calculate compensation?
For a worker who has an indefinite contract, compensation is equivalent to one and a half ordinary monthly remuneration for each full year of services rendered. The maximum is 12 rewards.
In the case of workers who worked for days, months or years, the compensation is equal to a monthly salary and average divided by 12 or 30, as appropriate.
For workers with a contract subject to the modality, the compensation is equivalent to one and a half ordinary monthly remuneration for each month left to work, until the expiration of the contract. The limit in this case is also 12 payments.
– This concept is not subject to any discount, so it must be delivered in full.
– Workers can also opt for reinstatement in their job instead of compensation for arbitrary dismissal.
What happens if the company fails to pay the settlement in full or on time?
The worker can go to Sunafil and present his complaint in person or virtually. Sunafil can also issue the certificate that allows the worker to withdraw their CTS in case the company fails to comply with this procedure.
Not paying and not fully and promptly granting wages and labor benefits to workers is a serious infraction.
Sanctions are determined according to the type of company and the number of workers affected. If it is a microenterprise, the fine ranges from 506 soles to 2,070 soles. If it is a small company, between 2,070 soles and 20,700 soles. And if it is a company that is not mype, from 7,222 soles to 120,152 soles.
Source: The Peruvian