Overview
- The Cámara de Comercio de Lima issued detailed guidance this week ahead of the November 16 CTS deposit deadline explaining that CTS deposits and interest are generally protected from seizure under the TUO of the Ley de CTS.
- CTS can be judicially embargoed for unpaid alimony up to 50 percent but only after a court order under articles 37–38 and with the employer informing the judge of the worker’s bank so the mandate reaches the depositary institution.
- An employer may ask a depositary to retain a worker’s CTS after a dismissal for alleged serious fault, but the employer must file a damages suit in labor court within 30 calendar days and prove the suit was started or the retention ends.
- CTS may be used to offset debts owed to an employer such as loans or advances only when the debt is certain, liquid and exigible and is supported by clear documentation or the worker’s express authorization.
- Financial institutions must follow court orders and legal limits and employers who fail to make required CTS deposits risk fines; the guidance aims to protect workers’ access to funds while clarifying procedural steps for enforcement.