Unions have expressed that, in the event that utility payments are not covered as indicated by law, always favoring the worker, they will seek protection.

So he alerted representatives of human Resources the labor specialist Ricardo Martinez Rojas, when presenting the webinar “PTU and subcontracting” in the AMEDIRHwhere he explained that companies have little time to make the appropriate calculations to eventually comply with this obligation.

In the presentation, he addressed the difficulties that organizations are facing, as is the case of new companies, since they have no way of calculating the averages under which the amount to be paid to workers should be obtained, and that the law emphasizes that it must be three months.

He remembered that the subcontracting reform established a limit for the payment of PTU -Participation of Workers in the Profits of the company-this is: 3 months of salary or the average of the participation received in the last three years; considering that the amount that is most favorable to the worker will be applied.

Likewise, it addressed the way in which companies should consider the payment to the people of trustas well as managerial and administrative positions, and the cases, of which there were many in 2021, of employer substitution.

“The PTU is a labor obligation, it is not a duty that comes from tax matters. The first year begins to run when the first worker is hired, but being exempt from paying utilities that first year. But now the manual mentions that you pay once you are registered in the SATdespite the fact that it is not a fiscal obligation, for this reason we must be very careful”, he explained.

He recommended reviewing the calculations that allow the company to determine what is most convenient, cap payment in 3 months, or pay a higher amount, “If 10% of profits is equivalent to 1 million pesos, but the three months of The workers’ salary is 500,000 pesos, that is, it is less, those 500,000 pesos belong to the company,” he said.

It should be noted that the Payment of utilities must be made in the months of May and until the last day of August“the Secretary of Labor will be very attentive to compliance, otherwise there will be inspections to detect companies that did not comply with this obligation,” he said.



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