Distribution of profits

DISTRIBUTION OF PROFITS 2023

The profit sharing percentage remains at 10% of those generated by the employing entity, in accordance with the resolution of the Sixth National Commission for Workers’ Participation in Company Profits, published in the Official Gazette of the Federation on September 18, 2020.

In accordance with the provisions of the Federal Labor Law, all workers will have the right to participate in profit sharing, subject to the following rules and exceptions:

Directors, administrators, and general managers of companies will not participate in profits.
Other trust workers will participate in the profits of the company, but if the salary they receive is higher than that of the highest-paid unionized worker in the company or, in the absence of this, the plant worker with the same characteristic, this salary will be increased by twenty percent, as the maximum salary.
Casual workers will have the right to participate in the company’s profits when they have worked at least sixty days during the year.
Working mothers during the pre and postnatal periods and workers who are victims of a work-related risk during the temporary incapacity period will be considered as active workers.
The amount of the 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.

The distributable profit will be divided into two equal parts; the first will be distributed equally among all workers, taking into account the number of days worked by each one during the year, regardless of the amount of salaries; the second will be distributed in proportion to the amount of salaries earned for the work performed during the year.

The distribution of profits among workers must be made within sixty days following the date on which the annual tax must be paid.

The process for profit sharing is summarized in the following scheme:

To demonstrate compliance with the obligations contained in the Federal Labor Law regarding profit sharing, we recommend having the following documentary information:

Minutes of the constitution of the Joint Commission for Profit Sharing.
Receipt of delivery of the cover page of the annual declaration and annexes to the Joint Commission.
Profit-sharing project, with minutes drawn up by the Joint Commission for this purpose.
Posting of the profit-sharing project in a visible place.
Receipts showing the payment of profit sharing.

We hope that this information is useful to you and we remain at your disposal for any questions or comments you may have regarding it.

Sincerely,

ILC Integral Labor Consulting, S.C.