The Ministry of Economy and Finance (MEF) has officially authorized a S/300 holiday bonus for 1.6 million public sector workers and state pensioners for the July 2026 Fiestas Patrias. While this payment will be disbursed alongside July payrolls for most government employees, nearly 350 thousand workers under the CAS (Contratación Administrativa de Servicios) regime are excluded from this specific bonus due to legislative changes enacted earlier this year.
Status of CAS Workers and the Shift to Gratifications
The exclusion of CAS workers from the traditional S/300 aguinaldo stems from Law N.° 32563, promulgated in March 2026. This legislation replaced the former bonus structure for CAS personnel with the right to receive full gratifications. According to labor law professor Willman Meléndez, the transition has created a significant disconnect because the state established the new legal right without securing the necessary budget to fund it.
Implementing gratifications for all CAS workers would require millions of soles annually. The Commission Permanente of the Congress is scheduled to debate a supplemental credit project on Thursday, July 9, which aims to address the funding requirements for this mandate.
The S/300 aguinaldo payment for 2026 covers a broad spectrum of state personnel, including members of the Armed Forces, the National Police, health sector staff, university personnel, and teachers under the Carrera Pública Magisterial.
Legal Risks and Potential Judicial Challenges
The gap between the legal recognition of the benefit and the lack of allocated funds leaves the state vulnerable to litigation. Meléndez notes that while the absence of a budget does not void the law, it creates a situation where workers may pursue payment through the judicial system. However, judges tasked with these cases must weigh the state’s constitutional principle of fiscal equilibrium.
A judicial resolution could potentially force entities to incorporate the gratifications into their budgets, effectively turning the unpaid benefits into state debt. Furthermore, if the current law is challenged on grounds of fiscal irresponsibility, the Tribunal Constitucional may be called upon to review its validity. Similar to past rulings by the Supreme Court and the Tribunal Constitucional, the court could move to suspend the application of the law until stable financing is guaranteed.
The central tension here is a classic conflict between legislative intent and administrative reality. By creating a new entitlement without adjusting the existing budgetary frameworks—which were finalized before the law’s passage—the government has essentially created a “declarative” right. Resolving this will likely require either a major budgetary infusion or a move toward the government’s previously suggested progressive implementation model, which would scale payments from 10% in 2026 to 100% by 2030.
Frequently Asked Questions
Who is eligible for the S/300 Fiestas Patrias aguinaldo?
The payment is designated for 1.6 million public sector workers, including those in the 276 regime, health personnel, teachers, university staff, members of the Armed Forces, the National Police, and state pensioners.
Why are CAS workers not receiving the S/300 bonus?
Under Law N.° 32563, passed in March 2026, the S/300 aguinaldo for CAS workers was replaced by the right to receive gratifications. Consequently, they no longer qualify for the traditional aguinaldo payment.
What is the primary obstacle to paying gratifications to CAS workers?
The primary obstacle is the lack of a designated budget. According to Willman Meléndez, state payments must adhere to the constitutional principle of fiscal equilibrium, and the required millions of soles for these gratifications were not included in the original budgets prepared by public entities.
How do you believe the government should balance the legal rights of public sector workers with the necessity of maintaining national fiscal stability?
