:quality(75)/cloudfront-us-east-1.images.arcpublishing.com/elcomercio/XP7YEMGYIZCPPLAJX4BIVOE6TQ.jpg "Profits 2023: who does not correspond")
While many are eagerly awaiting the deposit of utilities, it should be known that this benefit does not correspond to all workers. Do you know who is excluded?
Profit sharing is a right recognized in Article 29 of the Political Constitution of Peru, which aims to provide workers with access to the net profits (if any) received by the employer as a result of their business management.
If you are a formal employee, find out if you meet the requirements to access this benefit.
WHAT ARE UTILITIES?
The companies that develop third-category income-generating activities are obliged to distribute profits. This is the distribution of a percentage of net earnings (if any), after deducting investments and taxes.
The payment of profits must be made within 30 days after the expiration of the term for the presentation of the Annual Sworn Declaration of Income Tax. This 2023, payments must be made between March 27 and May 11, 2023according to the latest RUC number.
WHO DOESN’T GET PROFITS?
To begin with, profits are a right of all workers subject to the private activity regime, so it does not correspond to public servants.
The labor lawyer César Puntriano explains that those people who lack a lucrative purpose such as associations, foundations, committees, among others regulated by the Civil Code, are excluded.
Likewise, Cooperatives, self-managed companies, civil societies and companies that do not exceed twenty (20) workers on average during the year do not receive profits. In the latter case, even when they generate income at the end of the year.
The public sector does not receive profits (Photo: gob.pe)
IF I AM A FORMER WORKER CAN I COLLECT UTILITIES?
If you are a former employee of a company that generates third-category income and has more than 20 employees, you can collect profits (in case you had net profits).
In this case, the amount is calculated, according to the days you worked, and the remuneration you received during the year that corresponds to the profits.
WHO RECEIVES THE PROFITS?
The profits correspond to workers who are on the payroll and belong to companies that generate third-category income and have more than 20 employees on average. To access this right, the company where they work must have generated net profits.
