Legal Aspects Relating to Pay
WAGES POSE ONE OF THE MOST COMPLEX CONCEPT OF WAGE TRNSACCIONES
Joint economic perceptions of workers in cash or in kind received for the provision of employment services for others, and allowance for the actual work, whatever
BY ARTICLE 133 of the Labour Act
wages means remuneration, benefit or advantage, whatever their denomination or calculated, capable of being expressed in cash, which corresponds to the worker for the provision of service and, among Others include commissions, bonuses, gratuities, benefits or participation in profits, bonuses, vacation bonus, and surcharges for public holidays, overtime or night work, food and housing. FEATURES
WAGE
1. Commutative : is received in exchange for work performed
2. Subordinated : is necessary that the worker is under the orders of the employer
3. Available: the employee may freely dispose of their wages
4. Proportional : will be received by those workers in proportion to their work (Performance time and conditions
5. Journal: regularly and is perceived permanence
6. Individual ; should be paid to those providing the service
7. can budget. must present an economic advantage and be evaluated in the form of money
Wage Classes
According to Labour Act
can stipulate wage per unit time per unit force, by the piece or, or by task.
Article 140 means that the wage has been stipulated per unit time, when taking into account the work done in a certain period, without using as much the result of it.
means thirtieth daily wage of remuneration received in a month. Hour wage means the rate obtained by dividing the daily wage by the number of hours of the day.
Article 141. is understood that the salary has been provided by work unit, by the piece or when you take into account the work done by the worker, not used as a measure the time taken to execute it.
Article 142. is understood that the salary has been provided by task , when taking into account the duration of labor, but with the obligation to provide specific performance within the day.
Article 143. When wages have been stipulated by unit of work, by the piece or by task or commission, the employer must state how to calculate it, on posters to be fixed in a clearly visible inside the company, without prejudice to can do well by giving written notification to each of the workers and the relevant union.
normal salary
For the purposes of this Act is meant by normal salary the remuneration earned by the employee on a regular and continuous service delivery. Are therefore excluded from the same perceptions of an accidental, arising from the provision of age and that the law considers that non-wage character
direct salary
direct wages means all remuneration received that solely as consideration for a service performed in the position held
indirect salary is the result of the clauses in the collective agreement and plan of services and benefits offered by the organization
is also important to remember the basics of the length of the workday
As a concept of working time, day shift, night work and overtime is recommended based on
Labour Act Article 189. Means the working day during which the worker is available to the employer and can not freely dispose of their business and their movements.
Article 195. Except as otherwise provided in this Act, the day shift may not exceed eight (8) hours per day, or forty-four (44) week, the night shift may not exceed seven (7) hours a day or forty ( 40) weekly; and mixed day shall not exceed seven and a half (7 1 / 2) hours per day, or forty-two (42) per week. It is considered as the accomplished daytime between 5:00 am and 7:00 pm
night shift is considered as the accomplished between 7:00 pm and 5:00 am is considered mixed day which includes periods of work day and night. When mixed day has a night time more than four (4) hours it is considered a night shift.
Article 207. Normal working hours may be extended to provide service in overtime by permission of the Labour Inspector. The duration of overtime work shall be subject to the following limitations:
a) The actual working hours, including overtime, shall not exceed ten (10) hours per day except in cases provided for by Chapter II of this Title, and
b) No employee may work more than ten (10) hours of overtime per week, or more than one hundred (100) hours of overtime per year.
Atypical Efficiency Wage
constitutes a payment method where established when the contract of employment that reflect the amount established which will be the basis for the calculation of social benefits but the employee actually receive a higher percentage than this by way atypical efficiency which should be agreed at the time of start of employment.
For the purposes of this Act is meant by normal salary the remuneration earned by the employee on a regular and continuous service delivery. Are therefore excluded from the same perceptions of an accidental, arising from the provision of age and that the law considers that non-wage character
direct salary
direct wages means all remuneration received that solely as consideration for a service performed in the position held
indirect salary is the result of the clauses in the collective agreement and plan of services and benefits offered by the organization
is also important to remember the basics of the length of the workday
As a concept of working time, day shift, night work and overtime is recommended based on
Labour Act Article 189. Means the working day during which the worker is available to the employer and can not freely dispose of their business and their movements.
Article 195. Except as otherwise provided in this Act, the day shift may not exceed eight (8) hours per day, or forty-four (44) week, the night shift may not exceed seven (7) hours a day or forty ( 40) weekly; and mixed day shall not exceed seven and a half (7 1 / 2) hours per day, or forty-two (42) per week. It is considered as the accomplished daytime between 5:00 am and 7:00 pm
night shift is considered as the accomplished between 7:00 pm and 5:00 am is considered mixed day which includes periods of work day and night. When mixed day has a night time more than four (4) hours it is considered a night shift.
Article 207. Normal working hours may be extended to provide service in overtime by permission of the Labour Inspector. The duration of overtime work shall be subject to the following limitations:
a) The actual working hours, including overtime, shall not exceed ten (10) hours per day except in cases provided for by Chapter II of this Title, and
b) No employee may work more than ten (10) hours of overtime per week, or more than one hundred (100) hours of overtime per year.
Atypical Efficiency Wage
constitutes a payment method where established when the contract of employment that reflect the amount established which will be the basis for the calculation of social benefits but the employee actually receive a higher percentage than this by way atypical efficiency which should be agreed at the time of start of employment.
Terms of wage payment
1. should be made by cash
2. must be in agreement within a fortnight or month elapsed
3. The transaction must be directly
4. Le payment of wages must be made during the work day does not occupy other spaces of time for it
5. must make payment in the workplace or in a place for it, you can not make payment in nightclubs or similar except that it is a company working in that environment
CONSIDERATIONS ESPECALES
* THE PER DIEM SALARY IS NOT AS
CONSOIDERAN * REMUNERATION FOR EXPENSES OF VEHICLE AS LONG AS THE MONEY IS GIVEN TO TRABAJODOR FREE SO BE CONSIDERED PART OF SALARY
* SERVICE CHARGE AND TIPS BE CONSIDERED AS PART OF SALARY
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