The Ministry of Labor (STPS) will cross data with the Tax Administration Service (SAT) to monitor that companies carry out the payment of utilities that by law corresponds to the workers.
It should be noted that the verification between the STPS and the Mexican tax authorities was already carried out, but now data crossing will be reinforcedwhich is carried out in the summer by labor authorities based on the results, in order to examine companies where there are signs of non-compliance.
This was reported by Alejandro Salafranca, head of the Decent Work Unit of the STPS, who also explained that in 2022, most companies did comply with their payment, since it is very difficult not to do so because of the information they provide to the SATs and, if they do not do so, they are subject to sanctions.
How do you ensure that companies pay PTU to workers?
Verification focuses on companies where there are indications of non-compliance. The companies notify the SAT about the amount of profits that can be distributed and the STPS uses this information to determine which companies have the obligation to distribute profits and in what amount.
It should be noted that the companies notify the SAT of what is called the PTU cover, which includes the amount that can be distributed to the workers and, with this, the STPS has a clear list of which companies have had profits.
According to the 2023 Inspection Program, the Ministry of Labor will carry out strategic verifications, and one line of action is to monitor compliance with labor obligations of an economic nature, such as bonuses, minimum wages, and employee participation in the company’s profits.
When are the utilities paid?
He profit sharing It is a constitutional right that workers have to receive a percentage of the profits that their employers obtained during the year.
Moral persons must present their Annual statement no later than March and the physical ones in April, and the distribution of profits or PTU must be paid no later than 60 days after. This is established in article 122 of the Federal Labor Law (LFT).
The companies and employers that do not comply with the distribution of profits in due time and form, could receive fines ranging from 50 to 5 thousand current minimum wagesas indicated by the LFT.
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