As every year, at Christmas or National Holidays, Christmas bonuses are established in the public sector, but not all public officials receive the same amount of additional income in December, due to the different modalities of regimes that exist in the State.
Thus, the Ministry of Economy and Finance (MEF) published the DS granting the aguinaldo for Christmas up to S/ 300 to public sector workers, which is paid, only once, in the December payroll of this year.
According to Supreme Decree No. 283-2022-EFthe christmas bonus It is granted in favor of officials and servers appointed and hired under the labor regime of Legislative Decree No. 276, Law No. 29944 and Law No. 30512.
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Likewise, it is granted to university professors referred to in Law No. 30220; health personnel referred to in Legislative Decree No. 1153; the permanent and eventual workers of the Public Sector; the personnel of the Armed Forces and the National Police of Peru; and the pensioners in charge of the State included in the regimes of Law No. 15117, Decree Laws No. 19846 and No. 20530, Supreme Decree No. 051-88-PCM and Law No. 28091.
Christmas bonus for teachers
For the National Teacherthe norm specifies that the Christmas bonus is calculated in accordance with the provisions of Law No. 29944, Law on Teacher Reform, granting teachers with a full working day an amount of no less than S/ 300.
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In the case of employees included in their own career regimes who work part-time or incomplete working hours, this benefit is applied proportionally to their equivalent who works full-time, under the responsibility of the head of the Administration Office or whoever makes their duties. times in the respective entity.
Christmas Bonus for Human Medicine Interns
For Human Medicine and Dentistry interns, receive a Christmas bonus of S/ 100. The bonus is not subject to social charges.
Gratuities in the public sector
In the case of Public Sector workers who are under the labor regime of private activity are subject to the provisions of Law No. 27735Law that regulates the Granting of Bonuses for Workers of the Private Activity Regime for National Holidays and Christmas, for the perception of the corresponding bonus for Christmas.
In this group is workers from entities such as Indecopi, the Superintendency of Banking and Insurance and AFP (SBS), Sunat, among other entities, Therefore, the perception of additional income in December is established as a remuneration, given its modality, commented César Puntriano, labor lawyer at Estudio Muñiz.
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Amounts per agreement
An additional issue that the labor lawyer comments, according to what is established by the norm is that the amount of gratuity can be given as a result of collective bargaining.
Puntriano recalls that since this year salary negotiation has been incorporated into collective bargaining, which was not contemplated in the previous processes. However, he remembers that the limit is the budget that the entity or the sector has.
Financing of Christmas bonuses
According to the norm, the aginaldo is financed from the budget credits assigned in the institutional budget of public entities.
The workers benefited from this payment must jointly meet the following conditions:
- a) Have been working as of November 30 of this year, or in use of vacation rest, or leave with remuneration or receiving the subsidies referred to in Law No. 26790, Law on Modernization of Social Security in Health.
- b) Have been in the service for at least three months as of November 30, 2022. If you do not have the aforementioned time, said concept is paid proportionally to the months and days worked.
Officials, servants and pensioners of the Public Administration receive the Christmas bonus in a single public entity, and must be granted in the one that pays the highest amount of income.
The Christmas bonus It does not constitute a calculation basis for the readjustment of any type of remuneration, bonus, benefit or pension.
