Before starting a job there are things you should know, how which ones? Pamela Araníbar Niño de Guzmán, legal manager of Overall tells us about it.
Clear rules. When starting a job the expectations are very high, even sometimes, higher than normal. That is where communication errors occur in which you as a collaborator of a company falls by not knowing what type of contract you have, if you receive CTS, gratification, vacation, among other benefits.
What labor rights do I have? We spoke with Pamela Araníbar Niño de Guzmán, overall’s legal manager, about this topic. “The basic thing we need to know when starting a job is whether we are on the payroll and what regime we are under.”
With this, Araníbar mentions that it is extremely important to be transparent (collaborator as an employer) from the beginning and be clear about the following points.
Contract: The norm in Peru, as a rule has the contract for an indefinite time or indeterminate term. If it is temporary, it has to have a livelihood. This means that the contract under the temporary modality can be for start of activity, substitution or for some specific service.
Salary: If I were a worker on the payroll of the Ordinary Regime, I would correspond to a fair Minimum Living Wage at least, depending on the position. If part-time, the remuneration shall be proportional to the hours worked on the basis of the RMV. If I am a practitioner, I have a special regime called formative modality. They are not remunerated but given a financial subsidy.
Working hours: The working day, in a worker on the payroll of the Ordinary Regime, must be 8 hours a day or 48 hours a week. Also, have weekly breaks and holidays. For the par-time regimen, they work less than 4 hours a day. And in the case of practitioners, it will depend on their study schedule.
Vacation: Only the worker on the payroll will have 30 days of vacation after serving 1 year in their workplace. Part-time workers do not have holidays stipulated, but in some companies, through the ILO Convention, they are granted 7 days of rest after 1 year. In case the worker does not want to go on holiday, the rule stipulates that he can only sell half of his vacation. In the case of a regular worker, it will only be 15 days sold and 15 rested.
CTS: The only worker who has this labor right is the ordinary payroll. Part-time employees do not have job stability with this right.
Gratuities: The worker on the payroll of the Ordinary Regime as well as the part-time worker receive gratuities in July and December. From working 6 months to more, they will receive a full salary. If you work less than that time, a proportional of your salary will be made. The practitioners do not receive gratification but a financial subsidy every 6 months. It won’t necessarily fall in July and December.
Insurance: If it is in the Ordinary Regime, the company is obliged to register its collaborator in EsSalud. This position is for the employer. If you’re working in a small business, in the same way. On the other hand, in the micro-enterprise regime, there is the issue of the SIS, which is subsidised one part by the State and partly by the employer. Additionally, workers can access the EPS with an additional payment.
Finally, Araníbar reiterated that the employment relationship is based on an issue of trust and having clear rules.
“From the beginning, the employer and employee must be very clear about the most basic, how much I will earn, what my remuneration will be. In addition to knowing my working hours, my working day, the company’s policy regarding overtime.”
All these situations turn out to be fundamental to also maintain a good working relationship and the right climate because it will affect the results of the company.
Source: Diario Gestión