He profit sharing It is a right that workers have in Mexico to receive an additional payment to your salary when the company has made profits in the previous fiscal year, as long as the employer or company has registered an annual income declared to income tax (ISR) greater than 300 thousand pesos.
This benefit seeks to distribute wealth and employers use it as an extra bonus to their workers. However, you should know that not all companies are required to pay profits, due to certain particular circumstances that are established in labor laws.
According to Federal Labor Law (LFT), the date on which profit sharing must be paid in 2023 is between April 1 and May 30 for companies, and from May 1 to June 29 for individuals.
If you are in an obligated company and according to the law you have the right to receive them, you may be thinking of taking measures, together with your co-workers, about going on strike to demand that they pay them utilities. If this is the case, we invite you to know what the law says about it.
Legal causes to go on strike according to the law:
according to Chapter II of the Federal Labor Lawabout ‘Goals and strike procedures‘ The following causes are recognized as valid objects:
- Achieve a balance between the various factors of production, harmonizing the rights of labor with those of capital.
- Obtain from the employer or employers the execution of the collective bargaining agreement and demand its review at the end of its term, in accordance with the provisions of Chapter III of Title Seven.
- Obtain from the employers the execution of the contract-law and demand its review at the end of its validity period, in accordance with the provisions of Chapter IV of the Seventh Title.
- Demand compliance with the collective bargaining agreement or the contract-law in the companies or establishments in which it had been violated.
- Demand compliance with legal provisions on profit sharing.
- Support a strike whose object is any of those listed in the previous sections.
- Demand the revision of the contractual salaries referred to in articles 399 bis and 419 bis.
As you see, the Federal Labor Law is clear and does recognize the requirement to pay profits as a legal cause to go on strike. With which, if your employer does not pay you the utilities in a timely manner, you can take steps to defend your rights.
However, you should know that only employees who have worked for at least 60 days in a company for an employer and who receive their income through the payroll are entitled to receive profits.
As we told you before, the start-ups during the first year of operation and the new companies that are dedicated to the development of a new product They are exempt from paying utilities.
If you have already verified that you are entitled to receive profits and you have not been paid – and that the employer had refused your request – it is your turn to report this irregularity.
The dependency to do so is Federal Attorney for the Defense of Labor by phone 01 800 71 72 942 and 01 800 911 78 77 and by email [email protected]
see more
#legal #strike #dont #paid #utilities #law