We consulted an expert to clear up doubts about the service premium, a key issue for the economy of Colombian households.
As the end of the year approaches, thousands of workers in Colombia begin to wonder about the payment of the service premiuma social benefit that, by law, must be canceled up to the maximum December 20.
Although it is a widely recognized right, doubts persist about who should receive it, how it is calculated and what happens when the employer does not comply with this obligation.
RCN Radio consulted Camilia Pulgarin Ramirezleading lawyer of the International Legal Center, to clarify the main concerns about this issue that directly affects the economy of Colombian households.
Pulgarín explained that all workers linked by employment contractregardless of its modality, indefinite term, fixed, for work or labor, have the right to receive the service premium.
This includes even those who work on a daily basis and general and/or domestic service workers, both internal and external. The fundamental requirement is that there be labor subordination.
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The expert recalled that this benefit must be settled twice a year and corresponds to 30 days of salary for each year of serviceor its proportion according to the time worked in the semester. Payment deadlines are June 30 and the December 20without exception.
Regarding the calculation of the year-end bonus, Pulgarín pointed out that the starting point is to identify if the worker’s salary is fixed or variable.
In the case of those who earn a fixed salary, this will be the basis for settling the benefit, including the transportation assistance when applicable. The salary earned is taken, multiplied by the days worked in the semester and then divided by 360.
For workers with variable pay, such as those who receive commissions, overtime or surcharges, the base will be the average of all income received during the last six months. This average will allow establishing the salary on which the value of the premium is correctly settled.
What happens if an employer does not pay the premium?
Regarding the scenarios in which the employer does not pay the premium, does so incompletely or delivers it outside the deadline, Pulgarín was emphatic: it is a legal breach which can lead to investigations of the Ministry of Laborwith economic and administrative sanctions.
Additionally, a labor judge could order payment of the default compensationcontemplated in article 65 of the Substantive Labor Code, equivalent to one day of salary for each day of delay in the payment of social benefits.
Finally, the lawyer clarified the concept of extralegal premiuma figure that usually generates confusion. This is an optional bonus, granted voluntarily by the employer according to internal company policies.
It does not constitute a salary and, therefore, is not included in the calculation of social benefits or social security contributions. However, its recognition does not replace or exempt the payment of the legal premiumwhich remains mandatory for all companies.
With these details, Pulgarín reiterated the importance of both workers and employers knowing their obligations and rights to avoid conflicts and ensure compliance with current labor regulations in the country.
