With the reforms on subcontracting, the rules for employee profit sharing also changed; a cap, equivalent to three months of salary or to the average of the amount received by the workers in the last three months was established in the Federal Labor Law (LFT)
According to the Department of Labor and Social Welfare (STPS), it is estimated that, with these changes, the percentage of payment will rise from 2.8% to 7.7%.
“It is important to acknowledge that profits are the product of the work of all people participating in a company and, therefore, it is essential to make them part of these profits, which was the originating principle for the constitutional provision”, explained the head of the agency, Luisa María Alcalde.
She pointed out that the total percentage of profit sharing did not undergo modifications and remains at 10%, as agreed by the Mixed Commission on Profit Sharing comprised by representatives of the companies, the workers and the government.
What did change, she explained, is the manner of calculating the payment for each worker, which can now be the average between the last three months or the equivalent to 90 days of salary, to their benefit.
The D&M Abogados Firm pointed out that even though caps on the PTU were established as a result of the reform on subcontracting, companies may distribute 10% of their profits without applying the limits, provided that this is agreed by mutual consent with the workers through collective bargaining negotiations.
Profit sharing is not limited to unionized or base personnel, non-unionized personnel may also participate, with the exception of the general directors, managers or administrators of a company.
The daily wage to be considered for the individualization of Employee Profit Sharing (PTU) of non-unionized workers may not exceed the highest salary of a unionized or base worker by more than 20% .
The subject of seniority is one of the most recurrent questions posed by employers.