Who is required to receive PTU?

Who is required to receive PTU? This is one of the most common questions in Mexico regarding Employee Profit Sharing (PTU). This fundamental labor right ensures that employees receive a fair share of the profits generated by the company.

More than an obligation to receive it, the PTU is a labor right that is found in the Federal Labor Law (LFT); however, it is essential to note that not all workers are entitled to the PTU since some particular requirements and criteria must be met to receive this benefit. We will talk about all this in this article, so join us!

Who is required to receive PTU?

As we already mentioned, PTU is a right for all workers, which means that everyone is obliged to receive PTU, provided that both the employer and the worker meet specific requirements and criteria.

Firstly, it is important to mention that all companies operating in Mexico and with at least one hired worker must pay the PTU as long as they have obtained profits in the corresponding fiscal year.

In addition, the amount that must be paid to workers for PTU is determined by law; This indicates that the amount must be equivalent to at least 10% of the net profits obtained by the company during the corresponding fiscal year.

What type of companies are required to pay PTU?

• Companies with at least one worker. All companies with at least one hired worker must pay PTU.
• For-profit companies. The obligation to pay PTU applies only to companies that earn profits through their economic activity.
• Companies with profits. If the company does not profit, there is no obligation to pay.

What are the legal criteria for PTU payment?

• The employer must have made a profit. For there to be an obligation to pay PTU, it is necessary for the company to have made a profit in the corresponding fiscal year. If the company does not profit, there is no obligation to pay.
• Workers must have worked for at least 60 days. According to Article 127 of the Federal Labor Law, only workers who have worked at least 60 days in the company during the corresponding fiscal year must receive PTU.
• Payment must be equal to at least 10% of net earnings. The amount that must be paid to those obligated to receive PTU must equal at least 10% of the net profits obtained by the company during the corresponding fiscal year.
• Payment must be made within 60 days after the declaration is made. According to the law, the PTU must be paid to the workers during this period. If the employer does not comply with this term, he must pay a law-established fine.
• PTU must be calculated and distributed appropriately. It is the responsibility of the employer to calculate and distribute the PTU properly, taking into account the legal criteria established by law.

What happens if an employer fails to pay PTU?

There are occasions when employers must comply with their obligation to pay PTU due to ignorance of the law or lack of will, affecting all those obliged to receive PTU. In these cases, it is essential that workers know their rights and the legal actions they can take to enforce them.

If an employer does not comply with its obligation to pay the PTU, it can be sanctioned by the labor authorities; the fine is the equivalent of 20% of the amount that should have been paid to the workers. In addition, if the employer repeatedly fails to comply with this obligation, he may face more severe sanctions, such as suspending activities or revoking his registration.

If you are an employer and have problems calculating the PTU and the corresponding payment, you can contact us; At PCP Consultores, we can offer you various consulting services, including legal services. Contact us!