Workers must be on the lookout to receive their year-end bonus at the end of this year. If they worked the full year, each person has the right to receive at least 15 days of salary, unless their individual or collective agreement establishes a higher payment; in this case it will govern what corresponds to them.
Even if they have not worked the full year, each worker has the right to receive the proportional part for the time he has worked, said lawyer Héctor de la Cruz, a specialist in labor law at the De la Vega & Martínez Rojas Law Firm.
He explained that the Federal Labor Law requires that the year-end bonus be paid on December 20, at the latest. And if it is not received on that date, the worker can demand its payment before the Federal Labor Defense Attorney’s Office or the state Conciliation Centers.
He maintained that the basis for the calculation of the year-end bonus is the daily minimum wage received by each worker. And that, under no circumstances, may the employer pay less than the equivalent to 15 days.
He pointed out that last year, 2020, agreements were reached between workers and employers, who agreed to extend the payment or divide it in several installments as a consequence of the economic crisis.
“This year, however, there are no signs that this will happen or that it is justified. Furthermore, this situation can only take place with the consent of the worker”, the specialist specified .
He also told El Sol de México that the Department of Labor and Social Welfare (STPS) may conduct inspections at the work centers to impose fines, on employers who do not comply with the payment of the year-end bonus, of up to 5,000 UMAS, that is Units of Measure and Update, equivalent to 448 thousand 100 pesos, for each worker affected in his rights.
And he recalled that it is customary that, at the end of the year, workers receive the savings fund or plan, Christmas groceries gifts, bonuses, among others and, therefore if they do not receive them, they can go to the abovementioned legal agencies to demand compliance.