Note published in El Sol de México, Finanzas [Finance] Section by Bertha Becerra.
Read the note in its original source
The minimum corresponding payment is of 15 days of the minimum wage and it must be paid by December 20.
Employers will not be able not to pay or to reduce the amount of the year-end bonus under the excuse of Covid-19; the year-end bonus is an inalienable right of the working class and the minimum corresponding payment is of 15 days of the minimum wage and it must be paid by December 20.
Héctor de la Cruz, a lawyer specializing in Labor Law, explains that, in the event that the year-end bonus is higher, the employer cannot reduce it, since it is a right that has been acquired by the worker.
In an interview with El Sol de México, the specialist mentioned that, if the company paid 20 or 30 days as a year-end bonus last year, it must do the same this year.
Nevertheless, it does not go unnoticed that extraordinary circumstances concur this year, as a consequence of the Covid-19 pandemic, which could lead some businesses to search for alternatives.
In this regard, he said that the Federal Labor Law (LFT) establishes, in its Article 57, that the employer may request the change of a work condition from the Federal Conciliation and Arbitration Board in the presence of extraordinary economic circumstances that justify it. Should this be the case, Article 426 would apply in regard to collective relations.
In both cases, authorization for the reduction of the amount must be obtained from the labor authorities; but the right to receive 15 days as a minimum can never be eliminated”.
He pointed out that employers and workers may agree on some alternative mode with the objective of aiding the economy of the business or company and protecting the source of employment.
Thus, the payment may be deferred, be made in installments or any other equivalent alternative, but agreement by both parties is a must, stated the labor expert from the De la Vega & Martínez Rojas Firm.