The payment of aguinaldo corresponds to law to all rank-and-file, trust, plant or unionized workers of a company and it is a mandatory benefit that the employer must provide according to the Federal Labor Law.
However, there are arbitrariness that companies commit when paying said benefit and on some occasions they give bonus discounts to workers in an unjustified manner; That is why here we tell you if it is legal to do this or not.
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Can they deduct your bonus payment?
In accordance with the Federal Labor Law (LFT) and the Federal Attorney for the Defense of Labor (Profedet), the companies They cannot deduct your bonus except for some exceptions established by law.
In Mexico, the bonus can only be deducted under amounts established by law and subject to specific situations.
Reasons why your bonus can be deducted
According to BBVAthe reasons why part of the bonus could be deducted are:
- That the worker request an advance of his bonus before the established delivery date.
- Periods of disability due to accidents or illnesses that are not occupational hazards and that exceed the days of rest established by the Mexican Social Security Institute (IMSS) in the disability certificate.
- Preventive detention of the worker or his arrest.
- If the worker does not present the necessary documents for the provision of the service.
- If the worker was fired or resigned
- If the worker works for fees (although there are exceptions)
Temporary disability does not affect your payment
According to the LFT, temporary disability for the following reasons does not reduce your bonus:
- Pre- and post-natal motherhood.
- Paternity leave.
- Work disability due to a work accident (this also applies if the worker is not insured).
Profedet encourages workers to report any irregularity that arises and offers free advice in the event of a grievance.
“If you did not receive your bonus before December 20, the Federal Labor Defense Attorney’s Office (PROFEDET) guides and advises you on this inalienable right, established in Article 87 of the Federal Labor Law,” highlights Profedet in its official portal.