Who does not participate in the distribution of profits?
Article 127 of the Federal Labor Law determines that the directors, administrators and general managers of the companies will not participate in the profits.
Nor do domestic workers participate in the distribution. Neither the professionals or technicians, among others, who provide their services through the payment of fees, without a subordinate employment relationship.
Who is not required to share profits?
Newly created companies, during the first year of operation, are exempt from the obligation to distribute profits, in accordance with article 126 of the Labor Law.
Also newly created companies dedicated to the development of a new product, during the first two years of operation.
Newly created extractive industry businesses during the exploration period. Private assistance institutions, recognized by law, that carry out acts with privately owned assets for humanitarian purposes of assistance, without profit purposes and without individually designating the beneficiaries.
Similarly, the Mexican Institute of Social Security and decentralized public institutions with cultural, welfare or charitable purposes. Companies that have less capital than that set by the Ministry of Labor and Social Welfare by branch of industry, prior consultation with the Ministry of Economy.
How are they calculated?
The Sixth National Commission for the Participation of Workers in Company Profits determined that the applicable percentage is 10% of taxable income, and it is the one that is distributed among all workers.
The amount to be distributed to the workers will depend on the profits generated by the employer or company, so it may be lower or higher than the amounts distributed in previous years.
The distributable utility will be divided into two equal parts: the first 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. The second will be distributed in proportion to the amount of wages earned for the work provided during the year, refers to article 123 of the Federal Labor Law.
As a result of a reform to this Law approved in April of last year, the amount of profit sharing 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; The amount that is most favorable to the worker will be applied.
What do I do if I don’t get benefits?
To find out if the company you work for had profits to distribute or not, companies have 10 days after submitting the annual declaration, to deliver a copy of this document to the majority of workers or to the union.
If the employer does not deliver a copy of the annual ISR declaration or the profits, the worker can report it through the Profedet, the companies may be subject to fines or infractions, but this does not exempt them from the payment of PTU, concluded the member of the CCPM.
For this and advice, Profedet has toll-free lines from the interior of the Republic: 800 911 7877 and 800 717 29 42, with opening hours from Monday to Friday from 8:00 a.m. to 8:00 p.m., voice mail is available from 8:01 p.m. to 7:59 a.m. and weekends.
You can write an email to: [email protected]
