Summary of "REMUNERACIONES Y BENEFICIOS SOCIALES"

Summary of Business-Specific Content from “REMUNERACIONES Y BENEFICIOS SOCIALES”

Presenters

Dr. Bettiquiza Palacín Labor and Social Security Law expert, National University of San Marcos and Pontifical Catholic University of Peru.
Moderator and participants (lawyers, accountants, administrators).

Key Topics Covered

1. Remuneration and Social Benefits Framework

Remuneration Definition & Scope: Clarified what constitutes remuneration for calculating social benefits such as bonuses, vacations, and CTS.

Included: Basic salary, family allowance, commissions, overtime (if regular).
Excluded: Non-remunerative concepts, service providers, interns (different rules).

Regulatory Environment: - No unified labor code in Peru; regulations are scattered. - Use of SPIG platform recommended for accessing updated labor standards and laws (free access since PPK government). - Importance of knowing the exact standard/law number to find current regulations.

2. Bonuses (Gratifications)

Types: - Ordinary bonuses paid twice a year: - July (Fiestas Patrias) - December (Christmas) - Extraordinary bonus: 9% additional payment linked to gratuities law (Law 29351, since 2009).

Calculation Framework: - Bonuses calculated based on salary as of June 30 for July bonus and November 30 for December bonus. - If salary varies, use last month’s salary in the period or average last 6 months for variable income (commissions, overtime), complying with the principle of regularity. - Formula for truncated bonuses (when employment ends mid-period):

[ \text{Bonus} = \frac{\text{Computable Remuneration} \times \text{Months Worked}}{6} - \frac{\text{Computable Remuneration} \times \text{Days Absent}}{180} ]

Inclusion of Overtime and Commissions: - Must be regular (received at least 3 months consecutively or non-consecutively). - Average commissions/overtime over the last 6 months included in computable remuneration.

Legal Compliance & Penalties: - Failure to pay bonuses fully and on time is a serious labor violation. - Extraordinary bonus (9%) paid by employer on top of salary, not deducted from employee. - EPS (health insurance) employees receive 6.75% instead of 9%.

Case Studies & Exercises: - Practical examples calculating bonuses for employees starting/ending mid-period with absences and overtime included. - Emphasis on counting full calendar months only for bonus calculation.

3. Vacations

Legal Basis: Legislative Decree 713 and modifications (1405, 002).

Entitlements: - 30 calendar days of paid vacation per year for full-time workers (minimum 4 hours/day). - Part-time workers get 6 days. - Vacation days include rest days, authorized absences, sick leave (up to 60 days counted), maternity/adoption leave, strike days (if legal).

Calculation & Fractioning: - Vacation can be split into two blocks: - First block: minimum 7 and 8 days - Second block: remainder flexible - Accumulation allowed up to 2 years with written agreement; otherwise, payment due. - Vacation pay calculated annually, dividing remuneration by 12 months and by 360 days (annual basis). - Vacation pay must be paid before vacation starts.

Special Cases: - Vacation cannot overlap with sick leave; if sick leave occurs during vacation, vacation days still count. - Early vacation granted by agreement is allowed and compensated accordingly. - Vacation pay and compensation calculated even if employee leaves without taking vacation.

Legal Precedents: - Employer consent required for vacation period approval; written requests and digital approval platforms recognized legally.

4. Compensation for Length of Service (CTS)

Definition: Financial assistance for workers when employment ends or contract is not renewed.

Eligibility: - Minimum 4 hours daily or 24 hours weekly work. - Excludes part-time workers and some special regimes.

Calculation: - Computable remuneration includes fixed periodic payments plus one-sixth of bonuses. - CTS deposited semi-annually (May and November) based on salary of April and October respectively. - Formula similar to vacation pay, adjusted for months worked and includes bonuses. - Partial payments allowed; interest accrues if delayed.

Truncated CTS: - Paid directly at end of employment if contract duration ≤ 6 months without needing an account.

Withholding Conditions: - CTS can be withheld only if employee commits a serious offense, employer files a damage claim within 30 days, and dismissal procedure is initiated.

Violations: - Failure to deposit CTS on time/full is a serious violation. - Failure to provide settlement sheet is a minor violation.

Case Study: - Exercises calculating CTS deposits for employees starting mid-period, including bonuses and months worked.

5. Additional Operational and Management Insights

Overtime and Travel Time: Travel time to other work sites during work hours must be considered work time if ordered by employer. Contract terms must specify work locations; otherwise, employees can refuse changes.
Legal Enforcement & Compliance: Serious violations (non-payment or late payment of benefits) trigger fines and legal consequences. Employers must maintain clear records and communicate with employees regarding benefits.
Use of Technology: Platforms for accessing updated labor laws (SPIG). Digital vacation management systems recognized for approval and documentation.

Frameworks, Processes, and Playbooks Highlighted

Regulatory Lookup Process: Use SPIG platform by standard number to access updated labor laws.
Bonus Calculation Formula: [ \text{Bonus} = \frac{\text{Computable Remuneration} \times \text{Months Worked}}{6} - \frac{\text{Computable Remuneration} \times \text{Days Absent}}{180} ]
Vacation Pay Formula: [ \text{Vacation Pay} = \frac{\text{Computable Remuneration} \times \text{Months Worked}}{12} - \frac{\text{Computable Remuneration} \times \text{Days Absent}}{360} ]
CTS Deposit Formula: [ \text{CTS} = \frac{(\text{Computable Remuneration} + \frac{1}{6} \times \text{Bonus}) \times \text{Months Worked}}{12} ]
Principle of Regularity: Commissions and overtime included only if received regularly (≥3 months).
Compliance Deadlines:
- Bonuses paid by July 15 and December 15 strictly (no extensions).
- CTS paid first half of May and November; can be extended to next business day if deadline falls on holiday.

Key Metrics and KPIs

Bonus periods: Semiannual (Jan-Jun, Jul-Dec).
Vacation entitlement: 30 calendar days/year (or proportional).
CTS deposit periods: Semiannual with specific cutoffs (Nov-Apr, May-Oct).
Overtime and commissions inclusion threshold: ≥3 months regular receipt.
Absences deduction basis: 180 days for bonuses, 360 days for vacations.
Serious violation fines applied for non-compliance with payment deadlines.

Actionable Recommendations

Maintain updated knowledge of labor regulations using official platforms like SPIG.
Incorporate overtime and commissions into benefit calculations only if regularity is met.
Carefully track employee work periods, absences, and contract terms to calculate truncated benefits accurately.
Use written agreements for vacation fractioning and accumulation to avoid disputes.
Ensure timely payment of bonuses, vacations, and CTS to avoid serious violations and fines.
Document and communicate all social benefit payments and provide settlement sheets promptly.
Clearly specify work locations and travel obligations in contracts to manage overtime and travel time claims.

This summary captures the detailed legal and operational framework for managing employee remuneration and social benefits in Peru, focusing on compliance, calculation methodologies, and practical examples for HR, payroll, and legal teams.

Source: Presentation and Q&A session led by Dr. Bettiquiza Palacín, Labor and Social Security Law expert, during the Gaceta Laboral virtual course on remuneration and social benefits.