Profits are a constitutional right of workers, which provides a subordinate activity to a physical or legal person in exchange for a salary, so they have the right to participate in the profits obtained by the employer or company, as long as these are generate.
The Federal Labor Defense Attorney’s Office (Profedet) indicates that the distributable profit is divided into two equal parts. The first part will be distributed equally among all workers, taking into consideration the number of days worked by each one in the year, regardless of the amount of salaries. The second will be distributed in proportion to the amount of salaries earned for the work provided during the year.
The amount that the worker receives in cash per daily fee is considered a salary. When the remuneration is variable, the average of the earnings obtained in the year will be taken as the salary.
As the basis of the distribution, the salary per daily quota must be taken exclusively, without including other income such as overtime, bonuses, bonuses or any other derivative of your work. When the salary is variable, the average corresponding to the total received during the year will be taken as the daily rate.
Who has the right?
The benefit is applicable to workers who have worked for at least 60 days in companies whose net profits were 300 thousand pesos or more, according to their tax return, and that have been in operation for more than one year. Under these conditions, workers will have the right to Profit Sharing, regardless of whether they no longer work in the company in question or had a contract for a specific work.
Article 130 of the Federal Labor Law establishes that the amounts corresponding to workers for profits are protected by the regulations contained in articles 98 and following. Workers will freely dispose of the amounts corresponding to them for profits. Any provision or measure that distorts this right will be void.
The right to receive profits is inalienable. Profits will be paid directly to the worker. Only in cases where you are unable to personally make the collection, payment will be made to the person you designate as attorney-in-fact through a power of attorney signed by two witnesses. Payment made in violation of the provisions does not release the employer from liability.
Profits must be paid precisely in legal tender, and it is not permitted to do so in merchandise, vouchers, tokens or any other representative sign with which the currency is intended to be replaced. The transfer of profits to the employer or third parties is void, whatever the name or form given to it. Workers’ profits will not be subject to any compensation.
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#Profits #workers #rights
2024-05-01 23:42:01