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REMUNERATION REIMBURSEMENTS

When the employer fails to pay salary items or makes unjustified unilateral reductions, the worker has the right to demand reimbursement of the wages owed.

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The processes of remuneration reimbursements in Peru constitute labor actions aimed at recovering unreceived payments —such as overtime, family allowance, vacation pay, bonuses or other remunerative concepts— as well as differences generated by errors in the settlement of social benefits or undue reductions in salary.

The basis for these actions is found in our Constitution, which recognizes the right to fair and sufficient remuneration, guaranteeing the protection of the worker's income against arbitrary acts of the employer.

Among the most frequent causes are the unilateral reduction of remuneration—considered an act of hostility when there is no valid agreement—, the non-payment of overtime, unpaid bonuses, or incorrect calculations of social benefits. It should be noted that a reduction in remuneration is only valid when there is an express individual agreement or a collective agreement based on objective economic reasons, without affecting previously acquired rights.

The worker has a statute of limitations of four years, calculated from the day after the termination of the employment relationship, to initiate the corresponding actions.

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Regarding the solutions, you can opt for a conciliation stage before the Ministry of Labor and Employment Promotion, which is optional but recommended, or file a lawsuit before the labor courts under the Ordinary or Abbreviated Process regulated by the New Procedural Labor Law.

Proper accreditation of the right requires having suitable means of proof, such as pay stubs, employment contracts, internal communications and any document that allows demonstrating the remuneration originally agreed upon and the subsequent omission or reduction.

At Uribe Abogados, we act with legal and technical precision to guarantee the full restitution of outstanding remuneration.

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