Thursday, January 7, 2010

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-Micro Special Labor Regime

* WHAT IS A SMALL BUSINESS?

is an economic unit consisting of a natural person (also known as a driver, sole proprietorship business or natural person) or legal in any form or organization, or business management (EIRL, SRL, SA), for the extraction, processing , production, marketing of goods or services.

No. Workers' Level of annual gross sales

MICRO 1 to 10
(average per year) Up to 150 ITU
(S /. 525.000 for the year 2008)

SMALL BUSINESS From 1 to 50
(average per year) from 150 to 1700 ITU ITU
(S /. 5 `950.000 for the year 2008).

GETTING ACCESS TO WORK SCHEME SPECIAL SMALL BUSINESS?

If you meet the requirements of the MICRO (number of employees and level of sales) and want to hire under the Special Education System, then you must first submit the table of parts of the PETM, the application foster care (see the final form) with the following attachments:

1 .- Copy of DNI,
2 .- Copy of the Form RUC,
3 .- A sketch of the location of your business, and
4 .- Affidavit of Income Tax last year, only for the case of taxpayers covered by the General Income Tax. Foster

FORMS Special Labor Regime.
Fill out the form, so you can benefit from this scheme shall be submitted prior to table from the Ministry of Labour and Employment Promotion in the Regional or working in each region.

The reception is automatic.
Application for download:
applications under the Special Education System as a "natural person."
applications under the Special Education System as "legal persons".

Upon application, SHOULD I EXPECT ANY RESOLUTION MTPE?
No, the placement request is automatically approved, for what is considered approved for submission only and is subject to later verification from the PETM. In this case, as proof of automatic approval, just a copy of the application containing the official seal of the table of parts of the PETM.

FROM "WHEN TO CONTRACT UNDER THE SPECIAL SCHEME WORK?
The MICRO, you can only hire workers under the scheme work after the request for placement.

WHAT IF ONE IS HIRED WORKERS AND THEN EMBRACE THE SPECIAL WORK SCHEME?
In this case, the worker will be hired under the General Labour system of DS N º 003-97-TR (TUO of Legislative Decree 728), while the Special Labor Regime placement was carried out subsequently.

WHO IS NOT ELIGIBLE FOR THE SPECIAL SCHEME WORK?
not eligible for the special labor regime for small, medium and large businesses, nonprofit organizations, such as foundations, associations, committees, etc.. as well as natural persons (not business) that the individual exercise of any profession, art, science or trade, professional fees and issue receipts.

also can not be recruited under this scheme Special Education, teachers, doctors, nurses, psychologists, technologists, dentists, construction workers (in the case of works over the 50 ITU) and other special employment schemes .

to these workers should be under the rules of contract labor system they deserve. The contracting
the worker under the scope of the scheme Laboral General del D.S. Nº 003-97-TR (T.U.O. D. Legislativo 728).

COSTO DEL TRABAJADOR EN EL REGIMEN LABORAL ESPECIAL

Tomando como referencia la remuneración mínima vital (S/. 500.00), el costo mensual total es de S/. 567.70 nuevos soles.
Vacaciones = 550+50 = 600/12 = 50.00
EsSalud 9% = 550+50+100.00+50.00 = 700.00 x 9% = 67.50
CTS 8.33 % = 550+50+100.00 = 700.00 x 8.33% = 58.31

NOTA: Se ha mensualizado el costo de las gratificaciones legales, la CTS y vacaciones, para reflejar de esta forma el costo total de la contratación en ambos regímenes laborales.
http://www.deperu.com/abc/articulo.php?con=561

DOES THE EMPLOYER CAN IMPROVE THE SPECIAL LABOR RIGHTS REGIME?
Yes, through the "covenant of improving conditions." Micro-enterprises and workers treated in such a regime may agree to work to improve working conditions. This "agreement to improve conditions" must be in writing and need not be submitted to the PETM.
Thus, the employer may give workers bonuses payments (holidays and / or Christmas) and family allowance among others, in the amounts and the duration as established by the parties (worker-employer).

WORKER IS THE SMALL BUSINESS CAN BE FIRED For serious misconduct?
The worker of the MICRO can be dismissed on the same grounds for dismissal and the procedure under the rules of the General Labour system.

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