Workers review profit sharing payments with a magnifying glass; they apply pressure for a 10% PTU

This year the payment of profit sharing is applied with the caps established in the 2021 reform, linked to outsourcing; that is, considering 3 months of salary or the average of the PTU [Employee Profit Sharing] received in the last 3 years.

Note published on May 27, 2024 in elconomista.com.mx. Companies section, by María del Pilar Martínez. Mention: Óscar de la Vega.

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After 32 hours of work stoppage by employees of the Fraenkische company, affiliated to the National Independent  Union of Automotive Industry Workers (SINTTIA), they were able to increase the payment of profit sharing, as it, they argued, did not correspond to what was reported for the 2023 fiscal year.

“The work stoppage that was activated between May 16 and 17 was an expression of organized dissatisfaction with a profit sharing payment proposal that was not satisfactory to the workers’ base and in face of discrepancies in the company’s annual tax statement”, informed Alejandra Morales, general secretary.

The same case of disagreement exists with the workers of the General Motors company, at its Silao, Guanajuato plant and, thus, the union organization informed that they will start meetings with the company’s representatives with the intermediation of the Federal Center for Conciliation and Labor Registration (CFCRL).

This meeting, the union informed, will have the purpose of reviewing all of the available information, “as we seek to guarantee the proper distribution of PTU for all workers, reaffirming the commitment of the SINTTIA with the defense  of the interests of the workers’ base.”

Oscar de la Vega, partner at D&M Abogados, said that this year the payment of profit sharing is applied with the caps established in the 2021 reform, linked to outsourcing; that is, considering 3 months of salary or the average of the PTU  received in the last 3 years (Section VIII of Article 127 of the LFT [Federal labor Law]). which allows companies to comply with the obligation, as 10% is high and it cannot be modified until 2030.

He explained that the definition of the percentage for the Payment of PTU is reviewed every 10 years; the last update was in September 2020. A call is made for this process, so that the labor and the employment sectors can choose their representatives in the review, and the government is the one who must make the call for keeping or modifying said percentage.

The benefits after the work stoppage

For the workers, the work stoppage at three of the plants of the Fraenkische company, made it possible for each worker to receive a single payment of 20,000 pesos, plus the corresponding PTU amount, which is proportional to  salary and the number of days worked, “this part of the agreement is being fulfilled today with the transfers”, the SINTTIA informed.

Additionally, they informed that part of the agreement was possible “due to our unity and organized collective action. The SINTTIA will ensure that all of the terms of the agreement are met, including the dismissal of a company official with a long history of abuse and mistreatment toward the workers’ base.”

Part of the agreement that they reached with the company includes that there will be no retaliation against the workers that participated in the protest.

Likewise, they informed that union activity is more alive than ever, because “as a consequence of the progress and victories of the SINTTIA, the attacks that seek to revert or appropriate the organization that has been achieved for the benefit of all workers will continue.”

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