Note published on May 26 in El Universal, Cartera [Portfolio] Section by Editorial Department.
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May 31 is the deadline for receiving your employee profit share, so we tell you here what to do if you do not receive it.
According to the Federal Labor Defense Attorney’s Office (Profedet), employee profit sharing is a right of the workers to receive part of the profits of a company or employer for the services that it or he offers.
It is an incentive that companies must provide to their employees as an obligation if the company obtained net profits above 300 thousand pesos during 2021.
What to do if my employee profit sharing is not deposited?
Lawyer Héctor de la Cruz, a partner at De la Vega & Martínez Rojas, tells us that you have two options if you do not receive your profit share:
- Go to the Profedet and file a complaint That agency has the obligation of addressing these complaints and solving them in a relatively short period of time.
The Labor Defense Attorney’s Office will require that the employer presents the documents that accredit whether the corresponding profit sharing corresponding to the fiscal year exists or, otherwise, if there were no profits, to clarify the matter with the worker.
The Labor Defense Attorney’s Office provides free guidance services to workers in regard to profit sharing at the following telephone numbers 018007172942 and 018009117877, by email at orientacionprofedet@stps.gob.mx.
You can also go in person to their 48 offices throughout the country, in addition to their having social networks in Twitter and Facebook.
- The second option is to file a complaint before the Conciliation and Arbitration Board for the purpose of making the complaint and to have the case resolved so the corresponding payment can be made, as all employers who have generated profits have the obligation of distributing profits.
What is better?
In the opinion of Héctor de la Cruz, the best option is to resort to the Labor Defense Attorney’s Office because it is a conciliatory agency that is free of cost.
This is the best option as a first instance in order to solve the matter because the resolution period is relatively short, as it should not take longer than a month and a half.
But if the case is not solved there, if the employer refuses to make the payment, the worker will necessarily have to go to court in order to obtain a ruling authorizing him to be paid the corresponding amount.
“The problem is that the labor lawsuit is a longer procedure; in average, the process takes between two and three years, which takes a greater toll on the worker and, therefore, in my opinion, the first instance that they must resort to is the Labor Defense Attorney’s Office in order to try to solve the matter as quickly as possible”, said the lawyer.
The obligation in terms of the Law is that the company pays the full amount of profit sharing in a single payment; however, there are ways for the employer and the worker to agree in establishing other modalities, for example, agreeing to postpone the payment for a couple of months or making the payment in installments.
But in those cases, it is mandatory that the worker be in agreement, it is necessary to have the worker’s consent in that type of situations.
How long do I have to claim my profits?
The Federal Labor Law states that if the worker does not receive this benefit, or if it is not fully paid, he has up to one year from the day following the established deadline to claim payment.
48% of all workers expect to receive a profit-sharing payment OCC Mundial
According to the “Termómetro Laboral” [Labor Thermometer] weekly survey conducted by OCC Mundial, 48% of those surveyed state that they will receive profit sharing, while 25% do not know if their company made profits or had losses and, therefore, they are not sure of whether they will receive this income or not.
Meanwhile, 24% of those surveyed say that there will be no profit sharing this year and the remaining 3% may be dissatisfied with the manner in which their company handles information to avoid giving them this incentive.
Regarding the plans that workers have to make use of the payment of profits, 43% state that upon receiving their profit share they will make several advanced payments, another 43% say that they will save part of that money and 8% state that they will invest in their homes, acquiring new products or making repairs and, lastly, 6% say that they will plan a short trip.
