Granting of the "Record of Termination"
On May 6th, 2019, Supreme Decree No. 005-2019-TR was published in the Official Gazette "El Peruano", which incorporated new articles into the Regulation of the Law of Compensation for Time of Services (Supreme Decree No. 004-97-TR).
Do you want to learn more about the
"Record of Termination"
and what is the procedure for its granting?
Due to the refusal or delay of the employer to deliver the respective "CTS withdrawal letter", the worker will have a new mechanism to facilitate this provision by the corresponding bank or financial institution.
Entity in charge of granting the "Record of Termination":
Labor Inspection Authority.
Entitiy in charge of resolving this procedure: Sub Direction of Inspection of the Direction or Management of Labor Inspection of the Direction or Regional Management of Work and Promotion of the Employment or the one in charge; or, the Subintendance of Inspection Action of the Regional Intendancies or Intendance of Metropolitan Lima of the SUNAFIL or the one in charge.
Administrative Procedure:
Subject to “positive administrative silence”, without prejudice to the subsequent inspection carried out by the administration.
If the positive administrative silence is applied, the request or format must be submitted to the competent Labor Inspection Authority (indicating the registration number, date, time and signature of the recipient).
Term of expedition:
15 business days after the application has been submitted.
Requirements:
Information regarding the identification of the worker, obligled employer and bank or financial entity.
A simple copy of a document certifying the termination of the labor relationship, such as: Labor Benefits' settlement, work certificate or other related documents.
Simple copy of a document that certifies the ownership of the CTS bank account of the worker.
AOV ABOGADOS
May 2019
#LaborLaw #CompensationforTimeofServices #CTS #CTSWithdrawal