Given that almost 3 million workers ceased to belong to a subcontracting company, this 2022 will be the first in which they will receive for the first time, in some cases, the Participation of Workers in the Utilities (PTU) of the companies, in addition to that all workers will receive an average of 57 days for this benefit; which will represent up to 2.6 times more.
This was stated by the Secretary of Labor and Social Welfare (STPS) Luisa Maria Mayor Lujanby participating in the PTU National Forum: Labor and Fiscal Aspects organized by the Coparmexwhere he highlighted that “the vision of the reform was to increase the distribution of profits, and that is what we want to see reflected.”
Nevertheless; in the private sector there are innumerable doubts about the way in which the PTU payment for 2021 should be calculated and that it should be covered as a limit on the last day of the month of June 2022.
About, Jose Medina Mora, president of Coparmexsaid that the distribution of profits is linked to factors of performance, of days worked and although the reform contemplates that there may be a limit of 3 months or the participation received in the last three years, he stated that clearer rules are required, regarding all for those who carried out the employer substitution to comply with the subcontracting reform.
In this sense, the head of Labor promised that the dependency will issue a document that contains the protocol that companies must follow to comply with the PTU payment.
“It has been a success to have modified the law to avoid and evade these practices that occurred around the subcontracting of personnel, who had turned it into something abusive, impacting social security, in the seniority of employment, there was underregistration in Social Security ”, highlighted Mayor Luján.
With Alejandro Salafranca, head of the Decent Work Unitthe Secretary of Labor stressed that the distribution of profits is a constitutional right, and 10% of the net fiscal profit that is granted, was taken by agreement between employers, workers and the government.
“These millions of workers who were recognized by a subcontractor and went to the productive company, will now receive more profit, not because of a change in the formula, but because they will no longer receive the PTU, which have less profit than the parent company where the profit is generated. , where equity is generated and capital gains are found, as is the case in the banking sector,” said Salafranca.
The profits will be paid by the real company, “that is the Revolution that we are all building (businessmen, workers and government) that the worker collects 10% from the company, but that is from the real company.”
atypical payment
Consulted in this regard, specialists added that “this year the companies will grant an atypical payment in the distribution of profits, all derived from the subcontracting reform.”
Germán de la Garza de Vecchi, Lead Partner of Labor Services at Deloitte Mexico, added that the employer substitution that the companies carried out to absorb all the workers, as requested by the subcontracting reform, now has a single staff of workers and they are reviewing the way the recalculation should be done, which has been confusing.