What Are Employee Rights During AGP Perú SAC’s Liquidation Process?

Question from tony, What Are Employee Rights During AGP Perú SAC’s Liquidation Process?

Answer from AI:

If the Peruvian company AGP Perú SAC is undergoing liquidation, the process is primarily governed by Peruvian law, even though the question is addressed under the jurisdiction of the USA. Here’s an explanation of the situation based on Peruvian labor and insolvency laws:

General Overview of Liquidation in Peru

In Peru, when a company enters liquidation, the liquidator’s role is to settle debts and distribute remaining assets according to legal priorities. Employees are considered privileged creditors under Peruvian law, meaning their claims (such as unpaid salaries and benefits) are prioritized over other creditors, but there are limits to this protection.

Legal Framework for Employee Payments in Liquidation

Under Peruvian labor law (Law No. 27360 and related regulations), employees are entitled to receive certain payments during liquidation, including:

• Unpaid salaries for work performed before the liquidation process began.
• Benefits such as vacation pay, bonuses, and other contractual benefits.
• Indemnification for unfair dismissal, if applicable.

However, there are limits to how much employees can recover. For example:

• The law caps the amount payable to employees during liquidation at five times the minimum wage (as of 2023, the minimum wage in Peru is approximately PEN 1,025). If the total owed to an employee exceeds this amount, the excess may not be fully recoverable.
• Payments are made only if the company has sufficient assets to cover them.

Steps You Can Take

If the liquidator is refusing to pay your salary and benefits, you should:

1. Review your employment contract to confirm the terms of your compensation and benefits.
2. File a claim with the liquidator, providing documentation (such as pay stubs, contracts, and records of work performed) to support your entitlement to payment.
3. Contact Peru’s Ministry of Labor (Ministerio de Trabajo y Promoción del Empleo) or a labor court to assert your rights. Peruvian law allows employees to pursue legal action if their rights are violated during liquidation.

Role of the Liquidator

The liquidator is required to act impartially and in accordance with the law. If you believe the liquidator is not fulfilling their obligations, you can file a complaint with the relevant authorities in Peru.

Legal Advice

While this explanation provides general guidance, your specific situation may require personalized legal advice. A Peruvian labor lawyer can help you navigate the process, ensure your rights are protected, and advocate on your behalf if necessary.

Relevant Laws and Resources

• Peruvian Labor Law (Ley de Productividad y Competitividad Laboral): Ministerio de Trabajo y Promoción del Empleo
• Insolvency and Liquidation Regulations: Superintendencia del Mercado de Valores (SMV)

In summary, while the liquidator is required to follow Peruvian law in prioritizing employee payments, there are limits to what can be recovered. If you believe your rights are being violated, seeking legal advice from a Peruvian labor attorney is strongly recommended.