He profit sharing It is a constitutional right that the workers to receive a part of the profits that a company or an employer obtains for the productive activity or the services that it offers in the market.
By law, employers are required to deliver to the workers’ representatives a copy of the annual declaration, within 10 days counted from the date of its presentation.
In these cases, the distributable profit will be divided into two equal parts: the first will be divided equally among the workers, taking into account the number of days worked by each one in the year, regardless of the salary amount. The second will be distributed in proportion to the amount of wages earned for the work provided during the year.
Changes in profit sharing
As of this year, the distribution of profits will have a maximum limit of three months of the worker’s salary or the average of the participation received in the last three years.
According to the Ministry of Labor, it is estimated that with these changes, the percentage of payment will go from 2.8 to 7.7 percent.
“It is important to recognize that profits are the product of the work of all those who participate in a company, so it is essential to make them participate in them, which was the principle with which this constitutional provision was born,” explained the head of the agency. , Luisa Maria Mayor.
He stressed that the total percentage of profit sharing did not change and remains at 10%, as agreed in the Mixed Commission for Profit Sharing, made up of representatives of companies, workers and government.
What did change, he highlighted, is the way to estimate the payment for each worker, which can now be the average of the last three years or the equivalent of 90 days of salary, “whatever is best for the worker.”
The firm D&M Abogados highlighted that although PTU caps were established as a result of the subcontracting reform, companies can distribute 10% of their profits without applying the limits, as long as this is agreed upon by mutual agreement with the workers through collective bargaining.
Profit sharing is not limited to unionized or base personnel, trusted workers can also participate in it, with the exception of directors, managers or general administrators of a company.
The daily quota salary that will be considered for the individualization of the Employee Profit Sharing (PTU) of trust workers may not exceed 20% of the highest salary of a unionized or base worker.
So, if you worked at least 60 days during the year to be distributed, either continuously or discontinuously, you must receive profits. This means that it does not matter if you no longer work there or your contract was for work or a specific time, you have one year -from the delivery deadline- to collect your utilities.
This year, legal entities must make the payment no later than May 30, while physical entities with business activity have until June 29.
It may interest you: When does the 2023 profit sharing start and who are not beneficiaries?
Common doubts in profit sharing
The participation of workers in the profits of companies is a right of employees that is established in section IX, section A, of article 123 of the Political Constitution of the United Mexican States and in article 120 of the Federal Law of Job.
Newly created companies are exempted from profit sharing during their first year of operation.
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