Is there justification for not delivering profits due to the pandemic?
The Profedet answers with a resounding ‘no’. “If the company was generating services and profits, it must present an annual tax declaration, in which if it exceeds three hundred thousand prisoners, there will be a liquid amount to distribute.”
The boss says he changed the company name
One of the practices to deny the payment of utilities is to argue that the company will change its corporate name. However, according to article 41 of the Federal Labor Law, the substitute employer has the following obligations:
“The substitution of the employer will not affect the labor relations of the company or establishment. The replaced employer will be jointly and severally liable with the new one for the obligations derived from labor relations and the Law, born before the date of the substitution, for up to a term of six months; Once this is concluded, only the responsibility of the new employer will subsist”.
The boss says that if it is private security, there are no utilities
But the Profedet responds that any company with profit for the services provided is obliged to distribute profits, as long as it has profits. This includes companies dedicated to private security and, if they do not comply with the law, they could be subject to a fine ranging from 250 to 5,000 Measurement and Update Units, which, in 2022, is equivalent to between 24,055 and 481,100 pesos. .
Only in these cases may there be no profit sharing.