Profit sharing 2022: why you could receive more than 18 thousand pesos, according to the government

Between April and May, workers in the country will be entitled to receive profit sharing (OCT), bonus or part of the profits that employees must acquire by law, as long as they are generated.

However, employees could receive up to 18,000 pesos, as established by the Federal Labor Law and federal authorities. The reason for this change will be detailed below.

The Ministry of Labour and Social Welfare (STPS) stressed in this regard that: “With the new rules established in the reform of the Federal Labour Law for profit sharing, workers are expected to receive, on average, an OCT of 57 days of salary, 18,557 pesos; that is, 2.59 times more than what they are currently receiving (which would represent an increase of 159 per cent”.

When should the dispersion take place?

*From April 1 to May 31 will apply to those who work for a legal person (company).

*From May 1 to June 29 will be granted to those who provide their services to a natural person.

How is it calculated?

The percentage of participation for workers must correspond to 10% of taxable income. From there, and in accordance with the provisions of article 123 of the Federal Labour Act, the utility to be dispersed will be divided into two:

* The first will be divided equally among the entire staff of employees, taking into account the number of days worked by each one in the year, regardless of wages.

*The second will be dispersed in proportion to the amount of wages earned for the work rendered during one year.

Thus, the STPS affirmed that employers should share profits in accordance with the Constitution and the Act.

Workers must be paid 10% of the company's profits as stipulated in the current legal framework.

When the amount exceeds 90 days (three months) of the worker's salary, 90 days of salary shall be set as the limit for the payment of the OCT, unless the average OCT paid by the company to employees and according to their category in the last three years is greater than 90 days, then it must invariably be paid averaged amount, since it is more beneficial for the worker.

According to the STPS, what is sought is that the rights of all workers are respected at all times and that companies hire them directly without using the concept of subcontracting personnel, which is explicitly prohibited by law.

What do I do if I don't receive them?

Those affected may file a complaint with the Ministry of Labour and Social Security (STPS) by sending an email to the following address: inspeccionfederal@stps.gob.mx or, failing that, go to the Office of the Defence of Labour, for further advice on profit sharing.

Which companies are not obliged to make profits?

-Those that are newly created, during the first year of operation.

-Companies of new creation, dedicated to the development of a new product, during the first two years of operation.

-Companies in the newly created extractive industry, during the exploration period.

-Private assistance institutions recognized by law, which are not for profit.

-The IMSS and decentralized public institutions for cultural, welfare or charitable purposes.

-Companies whose annual income declared to income tax is less than 300 thousand pesos.

For more information on what is established, the interested party can visit the following link where the complete guide to comply with profit sharing is shown. Click Here.

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