The middle of the year arrives and with it the payment of one of the most anticipated social benefits, the bonus. This right, which is granted by the employer to its collaborators twice a year, is used by many to pay for education, travel or investments, but what happens if it is not paid or is deposited outside the maximum allowed date? . According to experts in the field, this carries sanctions and judicial sentences.
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It is worth remembering that this benefit consists of one month’s salary for each year of work or proportional if you have worked less, which is paid in two installments during the year. The first in the month of June (maximum the 30th) and the second during the first twenty (20) days of the month of December.
According to the Ministry of Justice, All workers who meet the conditions of a dependent and subordinate employee are entitled to payment of the premium, regardless of the type or duration of your employment contract. Domestic service workers who provide their services directly in a home or family home also have the right to receive it.
If they do not recognize you or pay the service premium, There are mechanisms that will allow you to obtain payment of what is owed and compensation for damages caused.
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end of year bonus
Carlos Ortega / EL TIEMPO
What to do if they don’t pay me?
1. If you have problems with the recognition or payment of the service premium, the Minjusticia recommends that you try to reach an agreement with your employer before going to any authority.
2. If you were unable to reach an agreement with your employer, you can go to the labor inspector, in order to receive advice, file a complaint for non-compliance with obligations or in certain cases, attempt a conciliation only on the rights that the worker can negotiate, such as in the case of compensation or the form and deadlines for payment of the amounts. that they owe him.
For more information, guidance or concerns about the procedure before the labor inspector, you can contact the toll-free number 01 8000 513 100 from your landline, or from your cell phone to the Ministry of Labor hotline 120.
3. If you want to try conciliation and there is no labor inspector, You can go to the Ombudsman’s Office, to the Municipal Ombudsman or to the legal offices of your municipality. However, keep in mind that the Labor Inspector cannot order the recognition and payment of social benefits, for which he must file a claim before the labor judge, who can decide the conflict.
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Christmas bonus.
If you have already tried to resolve your labor dispute with your employer or through the labor inspector, without obtaining a favorable response, it is possible to present claim before the labor judge of the last place where the service was provided or the defendant’s domicile. If there is no labor judge in your municipality, the claim must be filed before the civil judge of the circuit.
When the value of what you claim does not exceed 20 minimum monthly salaries, the claim can be filed without a lawyer before the judge of small cases, if one exists in your municipality. You can go to the Civil Court, the Small Claims Court or the Labor Court.
Remember that although this procedure has no cost, You will have to have a lawyer when the value of your claims exceeds 20 minimum wages.
What consequences does the employer have?
If an employer does not pay the service premium within the deadlines established by law, it is exposed to sanctions and judicial sentences. Failure to pay the premium may result in fines imposed on the employer by the Ministry of Labor, in addition to labor judges potentially ordering the payment of compensation in favor of the worker.
These are the consequences if the service premium is not paid:
1. The Ministry of Labor could impose fines of up to 5,000 smmlv to employers who do not pay the premium (up to $6,500,000,000 in 2024).
2. Default compensation for not paying social benefits corresponding to 1 day of salary for each day of delay in payment (article 65 of the CST).
3. Repeated failure to pay the premium may give rise to the worker’s reasoned resignation, and he or she may claim compensation for damages under article 64 of the CST before the labor judge.
PAULA GALEANO BALAGUERA
Portfolio Journalist
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