According to Attorney for the Defense of Labor of Mexico Citythe distribution of profits is a constitutional right of every person who has a contractual employment relationship with a company and a boss.
Sixty days after submitting the annual income tax return to the Tax Administration Service (SAT), companies, physical or moral, have the obligation to distribute profits among their workers.
According to the SAT, “all workers who provide a subordinate personal job to an individual or legal entity, by paying a salary, have the right to participate in the profits of the companies where they work.”
People who are not entitled to payment by the company are: administrators, general managers, partners and shareholders; as well as temporary workers and providers of professional services for fees.
What are utilities?
According to the Government of Mexico, it is a constitutional right of the working population, who provides personal work subordinated to a natural or legal person in exchange for a salary, for which they have the right to participate in the profits obtained by the employer or the company, as long as they are generated.
When are the 2022 utilities paid?
After considering that the period to present the annual declaration of legal entities is from March 1 to 31, the date to receive this benefit is from April 1 to May 30.
While, for natural persons, the period for the payment of PTU is from May 1 to June 29.
How is the payment of utilities calculated?
According to the company Sodexo, dedicated to the management of services for personnel, the payment of utilities must be calculated as follows:
- Determine taxable income, which is defined by subtracting non-deductibles and deductions from gross income.
- Apply percentage of the participation of the collaborators. This is determined by the SAT and this 2021, the percentage applied is 10 percent.
- Determine number of collaborators.
- Divide into 2 parts according to the above.
- Calculating the part per day helps to distribute accurately and easily.
Payment of utilities will be higher this year
The owner of the Secretary of Labor and Social Welfare (STPS), Luisa María Alcalde, reported at the end of February that profit sharing will increase as a result of the outsourcing law that came into effect in 2021.
In case you are not granted profit sharing, you can approach the Local Conciliation and Arbitration Board in Mexico City. In the case of not having a private attorney, the Labor Defense Attorney’s Office will sponsor the labor trial before the aforementioned authority, free of charge.
For the rest of the republic, people who have not received their utility payment can file a complaint with the STPS through the following email: email@example.com. They can also go to the Labor Defense Attorney’s Office, where they will receive advice regarding payment.