Of course, if you receive transport assistance, you will need to add it to 991.221 and perform the operation indicated above. Now, if you have received payments for overtime, night bonuses, bonuses for Sunday work and holidays, add up all these payments, take the monthly average of the 4 months of the semester and the result is added to the salary and does the operation in question. Extra-legal bonuses, as their name suggests, do not originate in any law, but their origin may lie in the employment contract, in collective agreements or in the simple will of the employer. In that way, it is difficult to understand why the time elapsed during the incapacity for work on account of illness can be deducted by the employer for the calculation of the service premium, since that would assimilate that disability to a ground for suspension of the contract, which is inadmissible since the illness as observed is not among those provided for by the Material Labour Code. The service bonus is a legal right deriving from article 306 of the Material Labour Code and has nothing to do with the extra-legal bonuses that the company accepts with its employees. If the salary reduction is generated, which must be a reasoned and temporary decision due to economic problems of the company, the invoicing and payment of certain work concepts, such as the service bonus, are affected. 1. JUNE 2019 CONCLUSION OF AN EMPLOYMENT CONTRACT OF INDEFINITE DURATION THE QUESTION IS, I AM ENTITLED TO THE SERVICE BONUS THANK YOU FOR YOUR ANSWER With regard to the basis for calculating the service premium, some consider that disabilities have an impact on the service premium, since the employee does not receive a salary but economic support during the period of disability, paid by the PES or ARL. Depending on the cause of the disability and the economic assistance for the disability is less than the salary, so that the worker would have a lower income during the period in which he is disabled, which would undoubtedly affect the basis on which the service premium is calculated. My employment contract ended on March 27 and, as the law says, they gave me the letter on February 26 informing me that there was no extension. I was pregnant and my licence expires on the 29th. September. The company paid me all salaries, including the bonus, until June 30.
The store where he worked was closed. Do I have to pay a premium when invoicing? Knowing that the contract ended on March 27 and that the agreement was reached and that this semester I was on vacation and that the 90 days are not respected when proportionality is measured on working days, should have received 555,555 pesos for the 100 days, which is fair but having worked for a period of less than six months, I received $277,000 for the 100 business days. Upon arrival of the maximum date for the payment of the corresponding part, the marriage bonus must be paid according to the time during which the employee has worked until this date, so that the employee has been logged in for a month, if the specified date arrives, the corresponding share must be paid. For example, if the employment contract was signed on 15. In November 2021, the payment of the activity bonus must be made on that day for the period between 30 June, the date of payment of the half-yearly bonus, and 15 November, the date of the employee`s retirement. `That provision must be interpreted as meaning that the period of suspension of the contract of employment may be deducted only in the cases exhaustively mentioned; Payment of leave, redundancy payments and old-age pensions, which are labour payments caused by services actually and effectively provided. Therefore, the date of suspension is not effectively ruled out in other events not provided for by law, such as the recognition of the service bonus. Due to its non-salary nature, the service bonus is not included for the payment of a payroll concept, as it is itself a social benefit. Keep in mind that even if the bonus is extra money you receive, it doesn`t mean you have to spend it right away. This is money that you can allocate to actions other than expenses, such as; To save for a trip, invest, buy a course that contributes to your personal and professional growth, among others. It should be noted that the payment of the Christmas bonus takes into account the wage factors provided for in Article 33 of Decree No.
1045 of 1978. One of them is the holiday bonus, provided they have been recognized and paid. In addition, labour law does not prohibit the payment of the service premium before the scheduled dates, so that it can be assumed that these dates represent only the final deadlines granted to the employer for the termination of the benefit. The pro rata payment of the service premium is granted if it is to be paid for periods of less than one year, since the service premium corresponds to one month`s salary for each year of work, but if the employee has worked less than one year, he is entitled to the full bonus, but to a part of it in proportion to the time worked. In the private sector, the Christmas bonus can only exist if the enterprise takes it into account, under conditions it lays down, which can be determined by mutual agreement with workers or trade unions, but as a general rule, the Christmas bonus does not exist in the private sector and, in the case of the requirement, it is not considered as a salary. The deadline to pay the first part of the service premium is June 30, and the employer can pay it earlier. Consequently, the period during which the employee has suspended the employment contract does not affect the employee`s right to the service bonus, but the calculation of this bonus is affected by the fact that, as a result of the suspension provided for in the contract, the employee no longer receives a salary, which serves as the basis for calculating the service premium. In the following video, labor expert researcher Angie Vargas answers a question about when the service bonus can be confiscated: My case is this; IN MY JOB UNTIL A FEW YEARS AGO, I WAS PAID THE FULL SEMI-ANNUAL BONUS, BUT FOR MANAGERS WHO HAVE DIED, SOME OF THEM HAVE TAKEN AWAY THIS ACQUIRED RIGHT, KNOWING THAT IT WAS PREVIOUSLY COMPLETELY CANCELLED, THERE IS A LAW OR A REGULATION THAT PROTECTS THIS ACQUIRED RIGHT AND IF NOT, BECAUSE THIS SITUATION ARISES, WHAT MUST I DO? See our editorial Payment of the premium for employees with a disability of more than 180 days.