STPS assures that with the reform of the Federal Labor Law, employees will receive more profits.
With the new rules established in the reform of the Federal Labor Law for the distribution of profits, Workers are expected to receive, on average, 57 days of salary, equivalent to 18,557 pesos, that is, 2.59 times higher than what they currently receive, highlighted the Ministry of Labor and Social Welfare (STPS).
The dependency prepared a Guide to comply with the obligations in terms of Profit Sharing, which seeks to guide employers and workers on the reforms to the Federal Labor Law on the amounts in the participation of these resources.
The STPS highlighted that to avoid discretion in the distribution of profits, the federal government proposed the establishment of precise rules that do not affect the business sector and promote an increase in the benefit of workers.
All those norms established in article 125, the exceptions specified in article 126, as well as what is established in sections I to VII of article 127 of the Federal Labor Law will continue to be observed.
The Ministry of Labor and Social Welfare stated: “The regulatory change at no time modifies the mechanism established in the Federal Constitution or in the Federal Labor Law in terms of profit sharing, nor in its calculation formulas, so they will continue to be observed. all those rules established in article 125, the exceptions specified in article 126, as well as what is established in sections I to VII of article 127 of the Federal Labor Law.”
They clarified that the calculation of the percentage of participation for workers in profits must correspond to 10% of taxable income, as determined by the resolution published in the Official Gazette of the Federation, on September 18, 2020 of the Council of Representatives of the Sixth National Commission for the Participation of Workers in Company Profits.
The STPS detailed that in accordance with the provisions of article 123 of the Federal Labor Law, the distributable profit will be divided into two equal parts:
It will be distributed equally among all workers, taking into consideration the number of days worked by each one in the year, regardless of the amount of wages; In addition, it will be distributed in proportion to the amount of wages earned for the work provided during the year.
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