EDUCATION AND LABOR: EMPLOYMENT BENEFITS - For Noelia Zapata 
Do you know what your rights and labor bebeficios? know what the principles and legal standards governing relations between employer (s), trade unions and the state? The answers to these questions will find in this text that explains and enriches our understanding of rights and employment benefits. We thank Noelia Zapata (San Marcos) for sharing with us, very gently, this article and for allowing its publication in a disinterested manner. It is necessary to learn and enforce labor rights.
Here is the text:
EDUCATION AND LABOR: EMPLOYMENT BENEFITS
Written by Noel
Lisbet Paccori Zapata.
1. Presentation
2. Relationship between Education and Labor
2.1. Jobs according to the educational level of subjects.
2.2. Education, Information and Rights at Work
3. Labor Employee Benefits Scheme Private Activity
3.1. Employee Benefits
Constitutional Order 3.2. Other Employee Benefits
4. An undeniable fact as conclusions.
1. Presentation
This work is a reflection on the relationship between education and work to understand the importance of educational background of individuals in the workplace, both to be located in a "good job" under educational level and / or be informed and to enforce their rights.
2. Relationship between Education and Labor
One purpose of education is to provide men and women a minimum of skills they need is "to provide job training to enable them to provide for their needs."
Thus, between education and work are closely related because education a person receives will determine the type of employment and / or job to perform, it is clear that we must not overlook that other factors could alter this approach do not always people better trained and / or educated get the best jobs.
2.1. Jobs according to the educational level of subjects. Ceteris paribus
other factors, educational level determines the level of employment that the subjects can be obtained, so that if you have not made major technical and / or professional employment options are limited to carrying out instrumental, for which also requires certain skills, which are paid with the minimum possible under our legal system is summarized in the minimum living wage.
Thus we have the workforce for these people is "condemned" to earn as little as possible, that's not counting the informal sector which is plagued by the Peruvian labor market.
2.2. Education, Information and Rights at Work.
The other side of the coin for Education and Employment relationship is referred to information that their labor rights enjoyed by workers, together with disinformation informal labor market, greedy employers, eager to reduce labor costs and an idiosyncrasy of fear to claim it represents a source of injustices and disrespect for labor rights of people .
Education In this sense the rights of individuals plays an important role in the struggle for respect for labor rights, it is known that ignoring labor rights and standards that regulate even reached within the technical field and / or professionally prepared, hence our reality show we informality and disrespect for labor rights .
3. Labor Employee Benefits Scheme Private Activity
view the foregoing, it is pertinent to a brief summary of employee benefits covered by legislation for workers in the private sector.
3.1. Employee Benefits of Constitutional Order
Certain employee benefits are enshrined in our Constitution of Peru in Articles 23 - 28 º pertaining to Chapter II - Social and Economic Rights and are as follows:
paid breaks (Weekly and annual)
Annual participation in the profits
Additionally, it is clear that our Constitution also recognizes certain labor rights, including the right to the maximum working time of 8 hours per day or 48 hours per week, the right to strike, protection against arbitrary dismissal, etc.
3.2. Other Employee Benefits
Our Legal System in the plurality of rules and supplementing the social benefits of constitutional origin has regulated the following business benefits:
Rewards. They are entitled to the rewards all employees who have worked for at least a month full schedule. Are awarded on Independence Day and Christmas and equal proportion to time worked during the semester from January to June (in the case of the perks of Independence Day) and July-December semester (in the case of Christmas bonuses) to a Compensation includes base pay plus other remunerative concepts as Family Allowance, Overtime, Commissions, etc.
should also be noted that if the employment relationship is extinguished by July or December, the employee is entitled to payment of bonuses truncated, awarded in proportion to the time worked.
For the years 2009 - 2010, Law 29351 established to further the employer must pay an extra bonus equivalent to 9% of remuneration, ie instead of providing that amount (which is their legal obligation established) to ESSALUD , for the period 2009 - 2010, must deliver to the worker.
Paid breaks are entitled to paid breaks workers who meet a minimum time of 4 hours and have worked for at least a month. Paid breaks are three:
i) Compulsory Weekly, which is the right to 24 consecutive hours rest per week which should preferably be on Sunday, if you work on that day are entitled to payment of a surcharge of 100%.
ii) closing on holidays, according to law, workers are entitled to rest on the following holidays:
-1 January New Year
Thursday and Friday
Labor Day May -1
San Pedro and San Pablo in June -29
Fiestas Patrias - 28 and July 29
Santa Rosa de Lima - August 1st Combat
October Angamos
-8 All -1 Santos
November Immaculate Conception - December 8.
Christmas -25 December
The work on these holidays without being replaced by another must be paid with a surcharge of 100%.
iii) Annual leave is the right to rest 30 calendar days for each completed year of service delivery should be agreed by mutual agreement between the worker and his employer, but if no agreement, the employer will decide and must be paid before the commencement of the leave.
The holidays must be taken continuously, and only upon written request of worker may be granted for periods of not less than 7 days but in reality employers impose the partition of the holiday.
The employer has 12 months constituted the right (ie when the worker has complied with 1 year of service) to grant the vacation, if you do not have to pay is in addition to vacation, compensation for enjoyment not equivalent to payment.
On the other hand, as is commonly said, the employer can buy up to 15 days holiday - which legally is a rental reduction agreement - so you should compensate them financially.
Finally, if the employment relationship was extinguished within a year or serve an additional year, the employer is obliged to cut short holiday pay which is proportionally to the months and days worked.
Compensation for length of service, this benefit is granted to workers who meet a minimum time of 4 hours and have worked for at least a month, equivalent to a fee (which includes the basic remuneration, other concepts remunerative as commissions, overtime, Family Allowance, etc.) and that by law must be paid semi-annually in May (for the period from November to April) and in November (for the period from May to October) in a savings account in a financial institution.
If the employment relationship is extinguished by May and / or November, this benefit will be paid directly to the worker in the proportion of months and days of work until their date of termination, and you must give proof of end so you can withdraw up to date what is deposited in the bank.
This benefit is not a concept remunerative, so that is not subject to discount pension and earned income.
family allowance is the right of workers at their cargo uno o más hijos menores de 18 años a percibir una asignación equivalente al 10% del ingreso mínimo legal y que para este año asciende al monto de S/.55.00.
En el caso de que el o los hijos cumplan más de 18 años y se e3ncuentran realizando estudios superiores o universitarios, la asignación deberá seguir siendo otorgada hasta por un plazo máximo de 6 años.
Es de tenerse en cuenta que si el padre y la madre trabajan en una misma empresa, ambos tendrán derecho a percibir este beneficio; y si el padre y/o la madre trabajan en varias empresas, por cada una de ellas deberán recibir este monto.
Finalmente, it should be noted that this concept is remunerative, and it is computable for the calculation of social benefits such as Bonuses, Rentals, CTS.
Life Insurance. The worker is entitled to life insurance by your employer upon completion of four years of work, but the employer may optionally take insurance from the three months of service, being accumulated for periods worked to meet the requirement.
According to law, the beneficiaries of the life insurance are the spouse or partner, and their descendants, only the absence of these will be up to the ancestors and siblings 18.
If, within 1 year of the worker died and none of the beneficiaries receive the compensation, the employer will be entitled to the insured on the policy.
worth mentioning that the sum insured in lieu of which had caused his death was delivered to the employee should suffer total and permanent disability.
Utilities work is a constitutional right to participate in a percentage of the profits of their employers to be income-generating enterprises third category (also known as business income) that is given within máximo de 30 días de que el empleador ha presentado su declaración anual de impuestos a la Renta.
El monto a dividir por concepto de utilidades es variable y depende del tipo de actividades a la que se dedica el empleador, por ejemplo las pesqueras deben repartir el 10%, las empresas de telecomunicaciones el 10%, las mineras el 8%, las empresas de comercio al por mayor y por menor y Restaurantes el 8%, y las empresas que no realizan estas actividades deben repartir el 5%.
4. Una realidad Innegable a modo de conclusiones
La realidad del mercado laboral peruano es realmente compleja, primero porque existe un large number of informal employers which is mainly characterized by not fulfilling his job duties, and second that there are employers who still engage in formal trample on the rights of their workers, performing various "tricks" to reduce their "labor costs" being so well known a simulation mode and hiring workers as landlords and service to obviate the payment of employee benefits.
Another important consideration is that there are mechanisms - as some call-counters are legal tools to reduce costs, that is offered to a worker ganar un determinado monto mensual, pero dentro de dicho monto incluyen conceptos no remunerativos que finalmente no so computables para el pago de sus beneficios laborales.
Desde el año 2009, la Dirección de Inspecciones Laborales del Ministerio de Trabajo ha venido realizando fuertes campañas de inspección de cumplimiento de diversas obligaciones laborales, habiendo empezado – felizmente - por el sector educativo, logrando la formalización y respeto por los derecho laborales; sin embargo el habido empleador ha sabido ingeniárselas para evitar este control de parte del Ministerio de Trabajo, escondiendo a sus trabajadores, o poniéndolos en planillas por un cierto periodo.
Finally, note that this problem also has some of its origins in the lack of labor rights of workers, being there that can denote the important relationship between education and work, on another level care taught at all levels of educational training courses devoted to knowledge of the rights of people, not only of labor rights, but of all the rights they are entitled as a human being, people.
