The National Institute for the Protection of Consumer Rights (Pro Consumer) issued a resolution in which it reiterates the prohibition of charging 10% for tips in commercial establishments where food or drinks are sold and consumers do not use the facilities of the premises to enjoy the product or service, and it is established in the same that constitutes a “serious infraction” the breach of this new provision.
The director of Pro Consumidor, Dr. Eddy Alcántara, explained to those who violate the provisions of this resolution dated August 12 of this year, number 1438-22, they will be sanctioned with fines and other sanctions, in accordance with article 109 of the Law 358-05.
The official also pointed out that unlike the previous resolution 330-2016, “this new device clearly establishes that businesses that fail to comply with these measures will be sanctioned according to the regulations.”
In that sense, he said that the consumer protection entity will initiate an inspection process in businesses throughout the national territory, in search of verifying compliance with the aforementioned resolution.
“As of this resolution, our inspectors will be in the streets verifying and guaranteeing compliance with it, which has been unfulfilled for years,” he said.
Alcántara explained that Pro Consumidor has received many complaints from consumers who understand that their rights are being swindled when they are charged a 10% tip without using the establishment.
Read more: Elimination of 10% tip will affect 40 thousand employees
He stated that the objective of his management is to guarantee and protect the economic interests of consumers, so he will not rest so that this bad commercial practice is discontinued.
He reiterated that when the consumer buys a product that is to take away (take-out) or “at home” (delivery) said percentage cannot be applied and that in case of not complying with the provisions of the resolution they will be subject to sanctions.
The head of the consumer protection entity called on citizens to report establishments that violate this provision to Pro-consumer, for which he required that they keep the proof of payment or invoice to serve as evidence.
“To make any complaint or claim, consumers can go in person to the Pro Consumidor facilities or call 809-567-8555 and 1-200-8555 from inside without charge, as well as through social networks @ ProConsumidorRD, to face this consumption problem that so affects the pockets of consumers and users of goods and services”, the official finally stated.
Supreme Court Judgment
It is recalled that the Third Chamber of the Supreme Court of Justice (SCJ), through ruling 033-2021-SSEN-00765, established that the mandatory tip provided for in article 228 of the Labor Code should not be included in meal bills and beverages that would be consumed in a place other than the business or trade that sold them.
Likewise, the ruling of the high court establishes that this amount will only be applied to the accounts of clients who consume food or drinks within the business.
