The Chamber of Deputies approved reforms to the Federal Labor Law to regulate work related to tips and sent the report to the Senate of the Republic to continue with its legislative procedure.
By 446 votes in favor, the deputies approved with changes the report that establishes that in hotels, restaurants, bars, sports, entertainment companies, fuel service stations, and other similar establishments, the minimum wage must be sufficient to meet the normal needs of a family and to provide for the compulsory education of children, without being replaced by tips or voluntary gratuities.
The approved reforms specify that all workers must receive a salary that in no case can be less than the current professional minimum. Regarding tips, employers cannot withhold, claim them as their own, or have any participation in them. They must be distributed among the workers based on the time and activity they perform to generate them.
The tip, in addition to a voluntary percentage of the consumption, is recognized as a solidarity gratuity and an incentive for the worker for the quality of service provided. It is also established that the food provided to workers in hotels, restaurants, bars, and similar establishments must be healthy, abundant, and nutritious.
Labor inspectors will have the authority and duty to verify that the distribution of tips is done fairly. In case of discrepancies among workers, they will implement conciliation mechanisms to ensure fair distribution.
The reservation by PAN deputy Marcelo de Jesús Torres Cofiño was approved, clarifying that tips are part of workers' wages, but will not be included in the calculation of social security contributions. The reservation by Morena deputy Raymundo Vázquez was also approved, establishing that the minimum wage cannot be replaced by tips or any voluntary gratuity.
