One of the most anticipated months of Private Sector workers is December not only for the celebration of the Christmas and end of year, but for the gratification to which they have the right to be able to face various expenses with reasons for the end of the holidays year.
Workers in the Public Sector receive a different bonus equivalent to 400 Soles, which is a benefit they receive twice a year. Those who receive this bonus are the officials appointed and hired under the regime of Legislative Decree No. 276 and Law No. 29944. As well as the university professors, permanent workers, health personnel, and eventuals of the public sector, personnel of the Armed Forces and of the National Police; as well as the pensioners included in the regimes of laws 15117, 19846, 20530 and 28091.
The December bonus is equivalent to a monthly salary, free of discounts, adding the amount corresponding to EsSalud’s payment (9%) or to an EPS (6.5%) contributed by the employer. This is due to Law 30334, which establishes that the amount that employers contribute to Essalud in the months of July and December will be paid to workers, under the modality of “Extraordinary Bonus”.
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For the determination of the Christmas bonus, the computable period must be taken into account. In the case of the bonus for Independence Day, the months from January to June are counted as the computable period, while the Christmas bonus is July to December.
The doubts arise when workers who have less than six months working in a private company. In that case the worker will receive a proportional payment according to the months worked, this means 1/6 of the total amount for each month.
It should be noted that if you worked for at least one month within the months of January to June or from July to December you are entitled to receive a proportional bonus. Otherwise, you will not have the right to receive a bonus. Unless, by liberality of the employer, decides to pay the proportional amount.
On the other hand, workers subject to the labor regime of the micro company do not have the right to receive payment of bonuses. (Article 8 of Law 27735 Title VI of Law 28015 and Article 40 of D.S 009-TR)
Companies must do the payment until December 15. Those who don’t pay the bonus in full and in a timely manner, could receive a sanction depending on the number of employees that could range from 1.35 to 22.5 Taxation Units (UIT). Currently, each UIT is equivalent to 4,150 Soles. It must be taken into account that at the moment that the payment of the bonus to the worker is regularized, the employer must not only pay the concept of gratification but also add the interest, using the The corresponding Labor Legal Interest Rate (2.36% per annum in national currency and 0.78% annual in foreign currency).