In order to pay the employee`s premium, the average must first be determined, which in this case is $1,280,893; The premium must be paid on this value: Therefore, the employee corresponds to the sum of 708,586 euros for the notion of service bonus for the first half of 2022. Listen to Dr. Angie Vargas` answer to the following question below: “A worker of different trades has been working in the company for more than 2 years without signing a contract and without the employer informing him, that he will work for the provision of services. Is this employee entitled to the half-yearly bonus? Can the employer only recognize a percentage of the premium? “: Article 7 of Law No. 1 of 1963 stipulates that the transport allowance must be included for the payment of social benefits, i.e. the service bonus and redundancy payments. There is a penalty for late payment of the bonus, but it is only granted on termination of the employment contract and is calculated on the basis of the value of a daily wage for each day of delay in accordance with the provisions of Article 65 CST. For this sanction to be effective, the employee must appear before a labour judge. In this context, it must be true that disabilities, whether of common or occupational origin, have no influence on the calculation of social benefits.
In the specific case of the service bonus, the Ministry of Social Protection (now the Ministry of Labour) established by concept 36773 of 2008 that social benefits must be paid on the basis of the last salary earned by the employee before the onset of disability. In the following video, labor researcher Angie Vargas answers a question about when the service bonus can be confiscated: Article 306 CST stipulates that the service bonus includes two payment periods: It should be noted that the wage factors enshrined in Article 33 of Decree 1045 of 1978 are taken into account in the calculation of the Christmas bonus. One of them is the holiday bonus, provided they have been recognized and paid. Next, hear first-hand labour law researcher Angie Vargas explain the penalty for non-payment or late payment of the service bonus on June 30 and December 20. The Ministry of Labour pointed out on its website that the deadline for payment of the premium for the first half of 2022 will be June 30. Employers can start paying from the 15th of the same month. Next, we will give some examples of invoicing the premium for services per semester of work, proportional to the time worked and with a variable salary. Further information can be found in our analysis of statutory withholding tax from June 2022. âBefore the reform, only employees of a fixed-term contract were entitled to©payment of the bonus. Now every worker, regardless of the type of connection and length of service, must receive it,” Jaramillo added. The deadline for payment of the December premium for this year 2021 is 20 December at the latest.
Keep in mind that this payment can be made on the same day the pay slip is paid or in another separate payment. In order to calculate this employee`s premium, the days worked must first be determined as follows: Dr. Alexander Coral, a lawyer specialising in labour law, explains below the conditions under which the wage reduction can be applied and what are the effects of this aspect on the payment of the service bonus: The effects of the suspension of the contract are provided for in Article 53 of the CST and mainly include that the employee ceases to provide services to the employer and that the employer In return, it ensures the payment of wages to the employee for the duration of the Hour agreement. During the suspension of the contract, the employer must only pay health and pension contributions to the employee, and there is no room for a reduction in the service premium. If the salary reduction is generated, which must be a reasoned and temporary decision due to economic problems of the company, the invoicing and payment of certain work concepts, such as the service bonus, are affected. Use this calculator that we have developed in EL TIEMPO to find out how much you should get in the premium. You need to provide your monthly base salary and the tool will give you the value you should receive. As a general rule, the service premium is not seizable; However, there is an exception under Article 344 CST, which provides that maintenance claims and loans in favour of cooperatives can be seized up to 50%. If an employee`s salary is variable, the average of what was earned during the semester earned should be used as the basis for the payment of the service bonus. According to Colombian law, the bonus is a monetary recognition of work equivalent to the payment of 30 days` wages per year. During a period of incapacity for work, the employee is entitled to full or partial payment of the service premium, disability not being a reason for suspension of the employment contract. As mentioned above, these workers must receive the service bonus under the same conditions as a dependent employee, as they follow a working schedule, follow instructions or instructions from the employer (subordination) and receive bi-monthly or monthly remuneration for this.
See our editorial Payment of the premium for employees with a disability of more than 180 days. In the middle of the year. Vacation time for some and changes for others. The truth is that the first payment of the service premium arrives, a social benefit to which all workers with an employment contract are entitled. For more details on the calculation and payment of the service premium, see the following infographic: In this way, the concept of the Ministry of Labour 2019120300000020882 2019 refers to the possibility of making the payment of the premium for services to service workers for days and provides how billing can be done in these cases. If your employer has not paid you the premium to which you are entitled, the Ministry of Labour has approved two lines to file the complaint: the service premium, although not a salary, it represents income from an employment relationship, legal or regulatory; Consequently, it is subject to withholding tax according to the concept of labour income. Before this arrival of money, it is good that you know how long they can pay you the premium and how much money your pockets could reach. The bounty is received by more than 6 million people, according to Mintrabajo. Photo: iStock. There are constant doubts about this issue, because it is not known who is entitled to the premium and when the premium will be paid. That`s why we`ll tell you what you need to know about paying the premium.
According to Article 306 of Colombia`s Human Labor Code, employers are required to pay their employees, including domestic workers, family service drivers, day workers, or agricultural workers, a benefit called the legal service bonus. In the following video, Dr. Angie Marcela Vargas, a specialist in labour law, explains whether or not trainees are entitled to payment of the service bonus: The service bonus is equal to fifteen (15) days` salary per semester of work or proportional if the cumulative link is less than this duration. In this vein, the person who has worked the entire semester (January-June or July-December) receives the full bonus. In the following video, Natalia Jaimes Lúquez, labor lawyer, explains the payment of the bonus for employees in periods of disability: At Actualícese we prepare for you this practical calculator that will help you determine the value of an employee`s bonus. A service premium is a monthly salary for each year worked that an employer must pay to its employees (including housework). If less than one year has been worked, the payment is proportional to the time the employee was logged in. Other important aspects to consider are: The bonus is calculated taking into account the days the employee worked in the first half of the year.
From there, the employee must multiply the basic salary he receives monthly by the 180 working days of the first half of the year. Then this result should be divided by 360 and you will know how much you can charge. That is, if you earn the minimum wage, which so far is one million pesos, you have to multiply that amount by 180 days and then divide it into 360. In total, the premium for the first half of the year would be $500,000. In addition, the bonus is not paid for workers bound by a service or training contract; It should only be obtained by workers who fulfil the condition of a dependent worker.
