One of the main labor obligations is the deposit of compensation for time of service and it is a complex obligation that also includes other substantive and formal obligations. Therefore, this document not only includes theory, but also practical cases, Computable concepts, formal obligations, as well as accounting treatment, registration and declaration in the electronic spreadsheet and models and formats referred to the deposit of the CTS.
Compensation for Time of Service (CTS) is a benefit designed to protect the worker and his family from the contingencies of termination. Economically speaking, it has the nature of forced savings; Legally speaking, it has the same treatment and protection as other remunerative concepts.
The TUO Legislative Decree No. 650 - DS No. 001-97-TR attributes to the compensation for time of service, the quality of social benefit of anticipation of the contingencies that originate the cessation of work and promotion for the worker and his family characterization which would explain its quality of forced saving.
The funds that serve as insurance against unemployment, called Compensation for Time of Service - CTS, will now be available to the worker to improve internal consumption, by decision of the Congress of the Republic.
labor-obligations-compensation-time-of-services-1COMPENSATION FOR TIME OF SERVICE (CTS)
- DEFINITION
Compensation for Time of Service (CTS) has the quality of a social benefit of anticipation of the contingencies that originate the termination of work, and of promotion of the worker and his family.
The CTS, its interests, deposits, transfers and partial and total withdrawals, are unaffected of any attribute created or to be created, including income tax. Similarly, the payment of contributions to the Social Security Health Contributory Scheme, the National Pension System and the Private Pension System is unaffected.
- WORKERS WITH THE RIGHT TO STS
They are entitled to the benefit of the CTS, those workers subject to the common labor regime of private activity who fulfill, at least on average, a minimum daily workday of 4 hours.
The requirement of 4 hours a day is considered fulfilled, in cases in which the worker's weekly working day divided between 5 or 6 days, as appropriate, results in an average of no less than 4 hours a day. If the weekly working hours are less than 5 days, the requirement referred to in the previous paragraph will be considered fulfilled when the worker works at least 20 hours a week.
Those employers who have signed annual comprehensive compensation agreements with their workers that include this benefit, in accordance with the provisions of the Labor Productivity and Competitiveness Law, are not required to make semi-annual deposits with the CTS.
The worker members of the Workers' Cooperatives also have the right to receive the CTS.
| NORMATIVE EVOLUTION OF COMPENSATION FOR SERVICE TIME | ||
| Rule | Sumilla | Date |
| DS No. 001-97-TR | TUO of the Law of Compensation for Time of Services. | 01.03.97 |
| DU No. 127-2000 | They authorize the monthly deposit until 10.31.2001 the CTS, in that period of free availability
|
12/30/2000 |
| DU No. 115-2001 | They extend until 04.30.2002 the term of DU No. 127-2000 referred to the monthly deposit of the CTS, being in that period of free availability. | 02.10.2001 |
| DU No. 019-2002 | They authorize the monthly deposit of the CTS that accrues between 01.05.2002 and 31.10.2002 | 07.05.2002 |
| DU No. 057-2002 | They extend until 04.30.2003 the term of DU No. 019-2002 referring to the monthly deposit of the CTS, being in that period of free availability. | 10/25/2002 |
| DU No. 013-2003 | They extend until 10.31.2003 the term of DU No. 019-2002 referred to the monthly deposit of the CTS, being in that period of free availability | 04/24/2003 |
| DU No. 024-2003 | They authorize the monthly deposit of the CTS that accrues between 11/01/2003 and 10/31/2004 | 10/29/2003 |
| Law No. 29352 | It establishes free temporary availability of the CTS and subsequent intangibility thereof, providing an intangible amount. | 01.05.2009 |
- WORKERS WITHOUT THE RIGHT TO CTS
The following are excluded from receiving the benefits of the CTS:
- Workers who do not meet at least a weekly average of a minimum of 4 hours a day Workers who receive 30% or more of the amount of the rates paid by the public for services (remunerations of an imprecise nature such as such as commission and piecework) Workers subject to special CTS regimes, such as civil construction, agricultural workers, fishermen, artists, domestic workers and similar cases, continue to be governed by their own rules.
By Supreme Decree, those special regimes whose nature is compatible with it and its normative hierarchy allows it may be incorporated into the common compensatory regime established in the CTS Law.
- TIME OF SERVICES COMPUTE
To determine the CTS, only the time of service effectively provided in Peru is taken into account.
However, the foregoing is also computable to determine the amount of the CTS on effective working days, and by exception, the following assumptions:
- Absences caused by work accidents or occupational disease, or duly proven illnesses, in all cases for up to 60 days a year. The 60 days are computed in each annual period between November 1 of one year and October 31 of the following year. Pre- and Post-Natal days of rest. Days of suspension of work with payment of remuneration by the employer The days of the strike provided that it has not been declared inadmissible or illegal. The days that remuneration is accrued in a dismissal nullification procedure.
- COMPUTABLE REMUNERATION
They are computable remunerations for the calculation of the CTS, the basic remuneration and all the amounts that the worker regularly receives, in money or in kind as consideration for the work carried out, whatever the denomination they are given, and as long as they are of their own. freely available.
Regular remuneration is considered to be that normally received by the worker, even though their amounts may vary due to increases or other reasons.
The daily wages will be multiplied by 30 for the purposes of establishing the computable remuneration. The daily equivalence is obtained by dividing the corresponding monthly amount by 30.
- CONCEPTS THAT INTEGRATE COMPUTABLE REMUNERATION
Among these concepts we have:
- FEEDING
The main food is understood indistinctly as breakfast, lunch or mid-day snack when it is substituted, and dinner or lunch .
The main food provided to workers in cash or in kind, is the basis of calculation for the CTS. The food granted in kind is valued by mutual agreement between the parties and its amount will be consigned in the payroll book and payment slips. If the parties do not reach an agreement, the value assigned to food by the National Institute of Food and Nutrition or the body that replaces it will govern.
When the food is granted in kind or through dealers, or other forms that do not imply payment in cash, for the calculation of the computable remuneration, the value that this has on the last working day, of the month prior to that in which the deposit is made. The monthly value will be established on the basis of the month of the respective semester in which the worker accumulated the greatest number of benefits of this benefit, being recorded in the payroll book and pay stubs.
- REMUNERATION IN KIND
They are those goods that the worker receives as consideration for their services, which will be valued by mutual agreement or, in the absence of this, by the market value, the amount of which will be entered in the payroll book and pay slips.
- VARIABLE OR INACCURATE REMUNERATION
Variable or imprecise remuneration can be of a main or complementary nature:
- Principal (Commissioners and Detailers): Computable remuneration is established on the basis of the average of the commissions, piecework or imprecise principal remunerations received by the worker in the respective semester. If the period to be settled is less than 6 months, the computable remuneration will be established on the basis of the daily average of what is received during said period. Complementary:Complementary remunerations of a variable or imprecise nature (such as overtime, for example), are computable for the CTS if they are regular. The regularity requirement is considered fulfilled if the worker has received them in at least 3 months of each 6-month period, for the purposes of semi-annual deposits. To be included in the computable remuneration, the amounts received are added and the result is divided by 6.
The aforementioned requirement of regularity is equally enforceable if the period to be settled is less than 6 months. In this case, the amounts received will be incorporated into the computable remuneration by dividing the result of the sum of them by the number of months of the period to be settled.
- PERIODIC REMUNERATION
Periodic remunerations are considered to be those that are received with a periodicity other than monthly, such as bonuses. These remunerations are considered for the payment of CTS only if they are regular, that is, if they are usually received by the worker, whether they have been established with that character by legal mandate, in a collective agreement or because they have been granted for 2 years in a row.
The way to include them in the computable remuneration will depend on the periodicity with which they are granted. For semi-annual deposits and for the CTS that must be paid upon termination of the worker for the last period, the following rules will apply:
- Fixed remunerations with a periodicity of less than a semester but greater than a month, will be incorporated into the remuneration at the rate of the average of what is received in the semester or period to be settled. For them, all those received in said semester or period to be settled are added up and the result is divided by 6 or by the number of days in the period to be settled, as appropriate. In the latter case, the result is multiplied by 30. The semiannual remuneration will be incorporated into the computable remuneration, at the rate of one sixth of what was received in a respective semester. Included in this assumption are the bonuses granted for National Holidays and Christmas. Remuneration paid with a periodicity greater than one semester will be calculated at the rate of one twelfth of what was received in the respective semester.Those that are paid in periods exceeding one year are not computable.
CTS ACCUMULATED AS OF DECEMBER 31, 1990
To calculate the accumulated CTS as of December 31 and 1990, the twelfth of the July and December bonuses received during the year prior to the deposit must be included in the computable remuneration. To do this, these bonuses are added and the result is divided by 12.
3% INCREASE BY AFFILIATION TO THE SPP
Workers who joined the SPP prior to July 19, 1995 received an increase of 10.23% and 3% in their remuneration. For the calculation of the CTS, only the last of the mentioned increases (3%) is computable.
| TYPE OF WORKER AND ACCESS TO
COMPENSATION FOR SERVICE TIME |
||
| BENEFIT
PERSONAL |
CTS | |
| CONDITION | Employees | YES |
| Workers | YES | |
| Foreign worker | YES | |
| Beneficiaries of Labor Training Modalities | NO | |
| Personnel not subject to immediate control | YES | |
| Cooperative worker members | YES | |
| CATEGORY | Of direction | YES |
| Trustworthy | YES | |
| WORKING DAY | Less than 4 hours | NO |
| 4 or more hours | YES | |
| CONTRACT PERIOD | Fixed term | YES |
| Indefinite term | YES | |
| REMUNERATION | In National currency | YES |
| In foreign currency | YES | |
| Comprehensive Remuneration | YES | |
| COLLECTIVE NEGOTIATION | With collective bargaining | YES |
| No Collective Bargaining | YES | |
| SPECIAL REGIMES | Hourly Workers | YES |
| Microenterprise Worker | NO | |
| ANTIQUITY | In Trial Period | YES |
| Probation period passed | YES | |
| Less than 1 month of Labor | NO | |
| WORKER SITUATION | On vacation break | YES |
| On leave with enjoyment of remuneration | YES | |
| Receiving Subsidies for:
- Disease - Work accident |
YES | |
| - Maternity | YES | |
| License without Credit | NO |
- NON-COMPUTABLE REMUNERATION
Pursuant to Article 19 of DL No. 650, consistent with Article 7 of the TUO of DL No. 728, the following concepts are not considered computable remuneration:
- The Extraordinary Bonuses or other payments that the worker receives occasionally, by virtue of the employer's liberality that have been the subject of a collective agreement, or accepted in conciliation or mediation procedures, or established by resolution of the Labor Administrative Authority (AAT), or by arbitration award. Included in this concept is the bonus for closing the specifications. Any form of participation in the company's profits. The cost or value of the working conditions. The Christmas basket or similar. The value of transport, provided it is contingent. to attendance at the work center and that reasonably covers the respective transfer. Included in this concept is the fixed amount that the employer grants by individual agreement or collective agreement,as long as you meet the aforementioned requirements. The allowance or bonus for education, provided it is for a reasonable amount and is duly supported. This includes those granted on the occasion of the studies of the worker or their children, if applicable, be these Pre-school, school, higher, technical or university, and includes all those expenses that are required for the development of the respective studies, such as uniforms, educational supplies and others of a similar nature, except in a more favorable agreement for the worker. Allowances or bonuses for birthdays, marriage, childbirth, death and those of a similar nature. Likewise, the allowances that are paid on the occasion of certain holidays provided that they are the result of collective bargaining.The goods that the company grants to its workers, of its own production, in reasonable quantity for their direct consumption and that of their family. All those amounts that are granted to the worker for the full performance of their work, or on the occasion of their duties, such as mobility, travel expenses, representation expenses, clothing and in general everything that reasonably fulfills such purpose and does not constitute a benefit or patrimonial advantage for the worker. Working conditions are considered to be payments made in money or in kind. Food provided directly by the employer that has the quality of a working condition because it is essential for the provision of services, food benefits granted under the indirect supply modality or when it derives from a legal mandate.The Refreshment that does not constitute main administration. That is to say, that food that does not have breakfast, lunch or a midday snack to replace it, dinner or lunch. The increase of 10.23% that the worker who joined the SPP received prior to July 19, 1990.
- SERVICE TIME COMPENSATION DEPOSITS.
- Worker Elections
The worker who enters to provide services must notify his employer, in writing and under charge, until April 30 or October 31, depending on the date of admission, the name of the depositary he has chosen, as well as the type of account and currency in which the corresponding CTS deposit must be made. The worker must choose between the depositories domiciled in the province where their workplace is located; In the event that there are no depositories in said province, it must be done among those who are in the closest or most easily accessible province.
If the worker does not communicate his choice to the employer, he will make the deposit in any of his allowed institutions, under the modality of fixed-term deposit for the longest period allowed.
7.1.1 Depositary
The companies of the financial system in which the deposit can be made are the banking and financial entities, municipal savings and credit banks, municipal popular credit banks, rural savings and credit banks and the savings and credit cooperatives to which it refers Article 289 of Law No. 26702 (09.129.96).
- Change of deposit
The worker can decide at any time, the transfer of the accumulated amount of his CTS and the respective interests, from one depositary to another, notifying his employer of such decision. The latter, within 8 business days, will send the corresponding instructions to the depositary to make the transfer directly to the new depositary designated by the worker, within 15 business days of notification. The delay of the depositary in complying with the transfer, within the established period, will be sanctioned by the SBS.
In the cases of transferring the CTS deposit from one depositary to another, the first must inform the second, under responsibility, about the deposits and withdrawals made, as well as about judicial withholdings for food, or any other affectation that may exist.
- Deposits paid by the employer
Currently, it is no longer possible to enter into substitution agreements for the CTS depositary by means of which the employer and the worker agreed that the former would be the depositary of the aforementioned benefit. Consequently, with respect to the CTS generated as of November 2000, the employer only has the possibility of making the respective deposits with the entity chosen by the worker.
The agreements entered into that include the six-month period from May to October 2000 and periods prior to this, will remain in force until December 31, 2001, at the latest, provided that the respective extension has been signed within the scope of DU No. 070-2000. After this date or the agreement expires, whichever occurs first, the employer must deposit the CTS in the financial entity chosen by the employer, up to 48 equal or consecutive installments, which will be paid monthly.
It should be noted that by Law No. 27672 (04.21.2002) the extension of the aforementioned agreements was established until December 31, 2002.
7.1.2 Currency
The deposit must be made by the employer in the name of the worker, and at his individual choice, in national or foreign currency. In the latter case, the employer, at his choice, will directly make the deposit in the foreign currency indicated by the worker or will deliver to the chosen depositary the amount corresponding to the deposit in the national currency, with instructions in this regard, being the responsibility of the depositary carry out the corresponding transaction. The worker may decide that one part of the CTS is deposited in national currency and the other in Foreign currency.
7.2. Deposit
7.2.1. Evidence and settlement of deposits
The employer, within 5 working days of the deposit, is obliged to deliver to each worker, under charge, a duly signed settlement that contains at least the following information:
- Date and number or other signal given by the depositary indicating that the deposit has been made. Name or company name of the employer and his / her address. Full name of the worker. Detailed information on the computable remuneration. Period of services that is canceled. Full name of the representative of the employer who signs the settlement.
In turn, the depositary must inform the worker who owns the CTS account about his new balance, indicating the date of the last deposit, within a period of no more than 15 calendar days after this was made. For employment purposes, the deposit is understood to have been made on the date the employer makes it.
If the worker does not agree with the settlement made by the employer, he may observe it in writing, and the employer must review it within a maximum period of 233n business days after receiving the observation, communicating the result in writing to the worker. If he does not find it compliant, he may appeal to the Labor Inspectorate Authority.
7.2.2 Non-compliance
When the employer must directly make the payment of the CTS or does not comply with making the corresponding deposits, it will be automatically obliged to pay the interest that the deposit would have generated if it had been made in a timely manner and, where appropriate, to assume the difference of change, if this had generated the deposit in foreign currency, without prejudice to the other responsibilities that may occur and the corresponding administrative fine.
In accordance with Legislative Decree No. 856, the CTS, like other labor credits, has priority over any other obligation of the company or employer, its assets being subject to the full payment of the labor credits owed; If these are not enough, the payment will be made pro rata.
7.2.3 Tiny Deposit
If the employer had made minute payments, he must make the corresponding refund, being obliged to pay the corresponding interest and assume the exchange difference if it had been requested in foreign currency, without prejudice to the corresponding administrative fine and the responsibilities in which he may incurring.
7.2.4 Excess deposit
The amounts that have been deposited in excess and their interests, will be charged to the next or subsequent deposits, until they are exhausted, not constituting a precedent for those that are made in the future, unless an agreement by unilateral decision of the employer that expressly includes it.
7.2.5 Refund Deposit
Any increase in remuneration that amounts to the payment of a CTS reimbursement, must be deposited without interest, within 15 calendar days after the date of publication of the government provision, the signing of the collective agreement, the notification of the arbitration award, the date on which the unilateral decision of the employer or any other form of conclusion of the collective bargaining established by the Law became effective, as appropriate.
- CHARACTERISTICS OF THE DEPOSITS
7.3.1 Tank identification
The CTS deposit will be identified under the name of “Compensation Deposit for Time of Service No.…. or "CTS Deposit No.….".
7.3.2 Intangibility
CTS deposits, including their interests, are intangible and unattachable except for food and up to 50% of their value. Its payment proceeds to the termination of the worker whatever the cause that motivates it, with the only exceptions of freely available withdrawals up to 50% of the deposited CTS and its interests, and the provisional allocation for null dismissal at the mandate of the Court of Job. Any agreement to the contrary is null and void.
7.3.3 Property of the Community Property.
The CTS has the quality of common good only after the civil marriage or after two continuous years of union by law, and will maintain said quality until the date of the public deed in which the regime of separation of assets is agreed upon in the judicial resolution. consented or executed that puts an end to the community property regime.
7.3.4 Possibility of guaranteeing loans
- Before the employer.
The CTS accrued as of December 31, 1990, as well as the CTS deposits and their interests, can only guarantee sums owed by workers to their employers for loans, advance payments, sale or supply of merchandise produced by their employer, as long as they together exceed 50% of the profit.
- Before Savings and Credit Cooperatives.
The loans granted to the worker by the savings and credit cooperatives to which they belong, as well as their interests can be guaranteed with their CTS, provided that together they do not exceed 50% of the CTS accrued as of September 31, 1990, the amount deposited and your interests.
- Before the Depositaries.
Loans and their interests can be guaranteed up to 50% of the deposited CTS plus interest. Any excess is charged to the depositary. The violation of these norms would be specially sanctioned by the SBS. The granting of these loans by the depositors does not limit the payment of interest generated by the CTS deposit.
7.4. CTS withdrawals.
7.4.1. General Regime
The worker may make freely available partial withdrawals charged to his deposit from the CTS and accrued interest, provided that they do not exceed 50% of the same. For purposes of determining the 50% limit, the total amount of the deposited CTS and its interests must be taken into account, computed from the beginning of the deposits, until the date the worker requests the partial withdrawal from the depositary. Do not proceed with the partial withdrawal if the CTS account is guaranteeing claims before the employer, savings and credit cooperatives or before the depositary, to the extent that they have reached the limit provided for each case. Any excess is the responsibility of the depositary.
7.4.2 Special Regime.
Through Law No. 28461 (11.11.2005) and its subsequent regulation approved by Supreme Decree No. 09-2005-HOUSING (05.07.2005), the availability to withdraw up to 80% of the deposited CTS of the worker, destined to the acquisition of housing or land within the framework of the programs promoted by the Ministry of Housing and Construction.
Only private sector workers subject to the private activity labor regime are entitled to this benefit, as well as those who work in the organizations attached to the National Fund for the Financing of State Business Activity - FONAFE and in the social health insurance (ESSALUD).
The worker may use, exceptionally and for one time, up to 80% of the total accumulated balance of CTS plus interest, on the date on which the release of said funds is arranged, provided that this amount is used for the acquisition, construction or home improvement, or for the acquisition of land. Before starting any procedure, the worker must go to the depository institution of her CTS in order for it to issue a certificate that allows knowing the amount of her CTS available.
- MODIFICATION OF THE PROVISION AND INTANGIBILITY OF THE CTS
On May 1, through Law No. 29352, the temporary availability of CTS deposits was established, as well as their progressive intangibility, in order to return to the Compensation for Time of Services its nature of unemployment insurance in the event of the loss of employment.
By way of synthesis, it can be indicated that this rule finally establishes an intangible amount of CTS as unemployment insurance, under which only up to 70% of its surplus can be used.
8.1 Temporary availability of CTS
The workers included within the Service Time Compensation Law may freely dispose of 100% of the CTS deposits made in the months of May (CTS accrued between November 2008 and April 2009) and November 2009 (CTS accrued between May 2009 and October 2009).
8.2 Progressive intangibility of CTS deposits
As of 2010, the free disposal of CTS deposits will be restricted, as follows:
- Of the deposits made in May (CTS accrued between November 2009 and April 2010) of 2010, 40% may be available.
- Of the deposits made in November 2010 (CTS accrued between May 2010 and October 2010), up to 30% may be available.
- As of May 2011 and until the termination of the labor bond, up to 70% of the excess of 6 gross remunerations may be disposed of, constituted as an intangible amount, for which employers must notify financial entities the equivalent of the intangible amount for each employee.
8.3 Some applications on the temporary availability and the intangibility of the CTS
The availability of CTS deposits will be kept in accordance with the periods indicated in Law No. 29352 and in accordance with what is regulated in Supreme Decree No. 001-97-TR, TUO of the Service Time Compensation Law, of the Following way.
-
- The free availability of the deposits made in May and November 2009 will be kept until May 2011, so that 100% of these deposits will be available. The availability of 40% of the deposits from May and November 2010, respectively, It will be kept until May 2011, when the limitation with respect to the existence of the intangible amount begins. While the rules on the temporary availability of deposits made from May 2009 to November 2010 apply, the worker may continue to make partial withdrawals freely available, charged to your CTS and accrued interest prior to May 2009, up to an amount that will not exceed 50% of their total.The progressive intangibility of the CTS deposits will be applied to the limits indicated except for food and up to 50% of the same.
| AVAILABILITY OF COMPENSATION FOR TIME OF SERVICES | ||
| Month | Percentage of Free Availability | Intangible Amount |
| CTS prior to 1991 (accumulated reserve) | fifty% | - |
| CTS between 01.01.91 and 31.10.200 (Semi-annual deposits) | fifty% | - |
| CTS between 01.11.2000 and 31.10.2003 (semi-annual deposits) | fifty% | - |
| November 2003 to May 2004 | 100% | - |
| June 2004 | 90% | - |
| July 2004 | 80% | - |
| August 2004 | 70% | - |
| September 2004 | 60% | - |
| October 2004 | fifty% | - |
| Deposit May 2009 (semester 01.11.2008 to 04.30.2009)
Deposit November 2009 (semester 01.05.2009 to 31.10.2009) |
100% | - |
| Deposit May 2010 (semester 01.11.2009 to 04.30.2010) | 40% | - |
| Deposit November 2010 (Semester 01.05.2010 to 31.10.2010) | 30% | - |
| As of May 2011 and until termination of the employment relationship. | 70% of the excess of the intangible amount | 6 Gross remuneration |
ACCOUNTING TREATMENT OF THE CTS
- NORMATIVE SUPPORT
CTS deposits are made in the months of May (based on the computable remuneration for April) and in November (based on the computable remuneration for October), considering the equivalent of one twelfth of the computable remuneration for each month of services and one thirtieth of said twelfth for each day of part of the month.
For the accounting record, the provisions of IAS 19 "Employee Benefits" (modified in 2000) must be taken into account, being located in the category of short-term remuneration to active employees and therefore requires a immediate registration, since this right is acquired for the services provided, in accordance with the provisions of paragraph 7 of the aforementioned IAS, since the payment must be attended within the twelve months following the end of the period, recognizing as an expense (unless they are part of the cost of an asset) and their respective liability to the extent that the worker has rendered his services, that is, as he acquires the right to receive the benefit.
Taking into account that the worker has the right to the CTS benefit from the first month of the employment relationship, it is from that moment that the company must recognize the obligation monthly through a provision entry
- ACCOUNTING RECORD
Below we show the accounting record to be made considering the data of a worker with fixed and permanent remuneration.
Only for practical purposes, the provision for the months of January 2009-April 2009 is presented in a single accounting record, using the accounts of the business accounting plan in order to show the changes produced. Regarding the provision for the months of November and December whose accrual belongs to the year 2008 and therefore the accounting record has been made in that period, we understand that you must carry out the reclassification of the liability pending cancellation (account 47 Social benefits according to PCGR) and that the company decided to make use of the General Business Accounting Plan in this fiscal year.
| ACCOUNTING RECORD | |||||
| X | |||||
| 47 | WORKERS 'SOCIAL BENEFITS | 398.06 | |||
| 471 | Compensation for length of service | ||||
| 41 | REMUNERATION AND PARTICIPATION PAYABLE | 398.06 | |||
| 415 | Social benefits of workers payable | ||||
| 4151 | Compensation for length of service | ||||
| 01/01 reclassification of the liability for use of the PCGE | |||||
| X | |||||
| X | |||||
| 62 | DIRECTORS AND MANAGERS PERSONNEL EXPENSES | 796.11 | |||
| 629 | Social benefits of workers | ||||
| 6291 | Compensation for length of service | ||||
| 41 | REMUNERATION AND PARTICIPATION PAYABLE | 796.11 | |||
| 415 | Social benefits of workers payable | ||||
| 4151 | Compensation for length of service | ||||
| 04/30 Due to CTS provision for the months of Jan-April | |||||
| X |
| X | |||
| 94 | ADMINISTRATION EXPENSES | 796.11 | |
| 79 | CHARGES IMPUTABLE TO COST AND EXPENSES ACCOUNTS | 796.11 | |
| 04/30 For the fate of Class 6. | |||
| X |
| X | |||||
| 41 | REMUNERATION AND PARTICIPATION PAYABLE | 1,194.17 | |||
| 415 | Social benefits of workers payable | ||||
| 4151 | Compensation for length of service | ||||
| 10 | CASH AND BANKS | 1,194.17 | |||
| 104 | Current accounts in financial institutions | ||||
| 1041 | Operating current accounts. | ||||
| 05/15 For the payment of the provisioned CTS corresponding to the semester (Nov 2008 - April 2009) | |||||
| X |
REGISTRATION OF THE CTS IN THE ELECTRONIC FORM
The employer that makes the deposit or payment of the CTS must declare it in the electronic return, so that it is registered as a non-remunerative amount paid in a timely manner.
According to the aforementioned, the CTS must be registered in the electronic worksheet, when:
- Semi-annual deposits are made (1st fortnight of May and 1st fortnight of November) in the financial entity chosen by the worker, failing that, and in the absence of communication of the choice of the depositary by the worker, in any allowed and selected institution by the employer.The worker ceases and the direct payment of the CTS is made, this calculation can be based on the CTS generated in a period of less than one semester.There is a comprehensive remuneration agreement with those workers who receive a monthly remuneration not less than 2 UIT; If the CTS is included in the agreement, it must be recorded separately in the monthly account of the annual integral remuneration.
PROCEDURE FOR REGISTRATION OF CTS IN THE ELECTRONIC FORM
- The registration of the remunerative and non-remunerative amounts that are received by the workers, are carried out in the detail of the remuneration and income, specifically in the heading of INCOME, TAXES AND CONCEPTS When entering INCOME, TAXES AND CONCEPTS, the CTS concept in VARIOUS CONCEPTS, which is located with the code 0904.
CTS EARNED AND PAID IN THE ELECTRONIC RETURN
The CTS in the electronic spreadsheet must be registered in the month in which the deposit is made, the integral remuneration quota is paid or the Social Benefit Settlement is paid.
The declaration in the electronic spreadsheet must conclude the “accrued” and “paid” items, which will be filled out indicating the benefits generated from the first month of work or from the first month of the period to be settled and, what is actually paid or deposits the worker.
- If the accrued CTS is not paid in the month of declaration, the employer will declare in the electronic return only in the heading of "accrued" to later make the record of "payer", in the month in which the payment is made. and, in the month in which the cancellation or deposit is effectively made, the full debt will be recorded plus the interest generated up to the time of deposit. In this case, the interest must be recorded both in EARNED, and in the sum of the CTS calculation in PAID.
CTS FOR HOME WORKERS
Domestic workers are entitled to the payment of their Compensation for Time of Services (CTS), the amount of which is equivalent to fifteen days of remuneration for each year of services or the proportional part of said amount for the fraction of a year. It will be paid directly by the employer to the worker at the end of the employment relationship within a period of forty-eight hours or at the end of each year of cancellation services.
For the purposes of calculating the CTS, the monthly remuneration received in the calendar month prior to the termination must be taken into consideration. In the event that the benefit is paid annually, it will be calculated on the basis of a calendar year. In this case, the remuneration for the month of December of the corresponding year will be taken into consideration. Fractions of a year are calculated by twelfths or thirties as appropriate.
References: Article 9 of Law No. 27986 and 9 of Supreme Decree No. 015-2003-TR.
CTS FOR CIVIL CONSTRUCTION WORKERS
The compensation regime grants workers a percentage of the amounts received for remuneration during the work provision. At present, this system reaches 15% of the total basic wages received during the provision of services corresponding to the days actually worked; The remuneration that serves as the basis for the calculation of the CTS excludes the previously called Sunday wages and the overpayment rate for overtime worked, considering the amount that corresponds to the simple value of the overtime, while the referred surcharge is paid independently of the CTS. The aforementioned 15% is constituted as follows: 12% corresponds to compensation for service time and 3% is granted in substitution for the payment of utilities.
Payment of the CTS must be made within 48 hours after the expiration of the respective employment contract.
Download the original file
