-
What is the aguinaldo?
-
How much Aguinaldo must
be paid?
-
On what date should the
aguinaldo be paid?
-
What happens if the
labor contract ends before the month of December?
-
What happens if the
employer does not pay the aguinaldo?
-
Can the Worker lose his
right to an aguinaldo?
-
How is the aguinaldo
calculated if the worker was incapacitated by illness?
-
Examples of the
calculation of the aguinaldo.
What is the aguinaldo?
It is an "additional wage"that
must be paid by all employers within the first 20 days of December of each year
to workers in the private sector, whatever their position is.
How much Aguinaldo must be
paid?
If the worker has worked the
whole year, he must receive a complete average monthly salary. The average is
obtained by adding all the ordinary and overtime wages earned during the 12
months of the (December of prior year through November) divided by 12.
The calculation of the
aguinaldo must include ordinary wage, overtime and the value of any other
compensation paid to the worker.
On what date should the
aguinaldo be paid?
It must be paid by the 20th of
December.
What happens if the labor
contract ends before the month of December?
The average is obtained by
adding all the ordinary and overtime wages earned and dividing by 12. All
workers that have worked for a determined period of time or for a determined
project as long as they have worked more than one month.
What happens if the employer
doesn't pay the aguinaldo?
It is considered as an undue
retention of wages and a serious violation by the employer. The employer is
liable for fines for every worker involved.
Can the Worker lose his
right to an aguinaldo?
No, he cannot. As long as a
labor contract is in effect the right to an aguinaldo cannot be lost.
Yes, when 6 months have passed
since the end of the contract and the worker does not claim his right to an
aguinaldo.
How is the aguinaldo
calculated if the worker was incapacitated by illness?
A worker that is incapacitated
by illness during the year does not receive aguinaldo for the incapacitation
period, because he receives a disability payment. This does not apply to women
on maternity leave. The time of the maternity leave is included in the
calculation of the aguinaldo.
|
