Statutory Bonus for Peruvian National Holidays 2023: Everything you need to know for its payment

Statutory bonuses represent an employment benefit that is regulated in our national labor laws and consist of two (2) statutory bonuses granted every year on the occasion of the Peruvian National Holidays and Christmas.

Given that we are in the month of July; i.e., the month in which the Statutory Bonus for Peruvian National Holidays must be paid, here we share certain information that is relevant for its correct payment:

A) Who can receive Statutory Bonuses?

The employees subject to the Labor Regime of the Private Sector are entitled to receive Statutory Bonuses, irrespective of whether they have been hired for an open-ended period, or on a temporary or part-time basis.

Without prejudice to the foregoing, to acquire the right to receive Statutory Bonuses, employees must have worked for at least one (1) month before the month in which these bonuses must be paid.

B) What days are considered for the calculation of Statutory Bonuses?

For the purposes of calculating Statutory Bonuses, the days actually worked will be considered.

In parallel, local legislation recognizes certain exceptions, considering the following as time actually worked, among others:

• Annual vacation leave
• Paid leave
• Time expressly considered by law as time worked for all legal purposes

C) How is the Statutory Bonus for Peruvian National Holidays calculated?

The Statutory Bonus for Peruvian National Holidays is calculated as follows:

• Full Statutory Bonus: Equivalent to one gross salary if the employee has worked during the entire semester; i.e., during the January – June period.
• Proportional Statutory Bonus: If the employee has worked for less than one semester, the amount payable will be proportionally reduced; however, such employee must have worked for at least one (1) month during the semester.

In addition, an additional extraordinary bonus corresponding to the 9% that the employer will not contribute to the Peruvian Healthcare System (EsSalud) or 6.75%, in case the employee is affiliated to the Private Healthcare System (EPS) will also be included in the payment. Said amount will be paid at the same time as the Statutory Bonus for Peruvian National Holidays.

D) What is the salary amount considered for the payment of Statutory Bonuses?

The base salary and all salary items paid to employees in cash or in kind as consideration for their services will be considered for the calculation of Statutory Bonuses.

For such purpose, in principle, the salary amount paid to  employees as of June 30, 2023 will be taken into consideration.

E) When is the Statutory Bonus for Peruvian National Holidays paid?

The Statutory Bonus for Peruvian National Holidays must be paid during the first fifteen days of July; i.e., no later than July 15, 2023.

F) Must the Statutory Bonus for Peruvian National Holidays be paid if there is no current employment relationship?

In case the employee stopped working prior to the payment of the Statutory Bonus for Peruvian National Holidays, such employee must have received their Unpaid Statutory Bonus balance within forty-eight (48) hours of the termination of their employment relationship.

The respective amount payable must be equivalent to the calendar months fully worked during the semester in which the termination occurred.

G) Are there any infractions in case employers fail to pay Statutory Bonuses?

Yes. The failure to comply with the provisions relating to Statutory Bonuses may give rise to infractions classified as minor or serious, for which employers may receive penalties ranging from 0.26 to 26.12 tax units (the value of 1 tax unit is S/ 4,950.00), depending on the number of affected employees.

ABOUT THE AUTHOR Carina Dávila Legal Services Manager at the BSO Business Unit