translated from Spanish: How it is calculated and who should receive it

Workers working for a employer are entitled to the distribution of profits, do you know how this workers ‘ right works? Do you have any idea how much and when you should receive it?
If the company in which you work has more than one year in operations and obtained net profits for 300.000 pesos or more you must distribute them among your workers.
This year may 30th is the deadline for companies to deliver this benefit to their workers.
Who is entitled and who is not?
According to the Tax Administration Service (SAT) all workers who have worked in the service of a employer, for at least 60 days, have the right to receive the distribution of profits; However, there are some employees who, by law, do not enjoy that right.
Directors, administrators, general managers, partners and shareholders, as well as eventual workers who have worked less than 60 days per year to which the year of the payment of profits, professionals, technicians and others, which corresponds to the payment of Fees provide your services without a subordinate working relationship.
Also, employees who are contracted for fees or outsourcing do not receive any profits if the contracting company has no profits (although Labore for a third party), the domestic workers.
When is the company not obliged to give profits?
-New companies during the first year of operation; If they are also engaged in the elaboration of a new product, they are exempted during the first two years of operation.
-Companies that merge, transfer or change their name or social reason are not considered new creation.
-The companies of the new-creation extractive industry during the exploration period.
-Private assistance institutions recognized by the laws, which do not have a profit.
-IMSS and decentralized public institutions for cultural, welfare or charitable purposes.
– Companies whose annual income tax has been declared not to exceed 300.000 pesos.
If you quit or get fired, do you receive utilities?
The calculation of this benefit is made over the working time and is independent of the cause for which the employee ceased to work in the company, provided that it was for a period greater than 60 days.
According to the law, the company must give notice to the staff that the distribution of profits will be carried out, but it is perfectly legal for the worker to call the company where worked and ask if there will be utilities.
A company’s outfallers have a one-year term to collect their profits from the deadline of delivery.
The payment must be made effective and the company cannot pay it through vouchers, prizes, or other benefits.
Should they deduct taxes?
Because it is an income for the worker, it is subject to what the law of ISR establishes and it must be taxed.
How do I calculate what to give me?
At present, 10% of the total earnings of a company are distributed among the workers plus the profits that have not been distributed last year. Assuming that these are 1 million pesos, will be distributed among workers 100,000 pesos (10%).
The amount to be dealt is divided into two equal parts: the first half is distributed among the workers, according to the days worked in the year, and the second one is applied in a proportional way to the salary that each employee has.
No income is considered as extra time, bonuses, bonuses or any other derivative of your work.
It is recommended that the amount of employee participation in the utilities (OCT) be consulted directly with the Department of Finance of the company where you work. That amount is equal to the net profit of the company during a year of operations.
What do I do if I am not given this benefit?
The profits are the right of the workers referred to in article 123 of the Constitution, which explains that the employees have the right to a share of the profits of the companies in which they work.
If you do not receive profits, then you can raise a complaint to the secretariat of Labor and Social prevention where you can request an inspection to the company where you work. Don’t forget to be sure that the company and you meet the requirements to give and receive utilities.
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Original source in Spanish

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