We analyze and explain the important points of electronic tips that are not more remunerative.
Article 113 of the Employment Contract Law states that if, due to your work, you have the opportunity to obtain some benefit or earnings such as a tip or reward, this is remunerative if it is habitual. Of course, this means that, in the event of a dismissal or any compensation item, since it was remunerative, it was taken into account and the employer, in the event of any labor termination, was more expensive because the amount was increased by the tip that his employee received for his good service.
From now on, decree 731/2024 modifies article 113 of the LCT and places that profit, reward, tip as NON-remunerative. In other words, it is no longer taken into account for the normal monthly and habitual salary. It is a reward, a benefit for the worker if he does his job well and is attentive, and of course it is established that it is at the discretion of the consumer, that is, the amount of the tip is at the consumer’s discretion.
By mid-November of this year, restaurants, gas stations, food delivery companies, hotels and the like must have a mechanism in place so that their employees can receive tips by credit card, debit card or virtual wallet. What is clear is that, although businesses must take these precautions, it does not want workers to agree to receive tips in their account by giving their alias or CBU or if there is a group, for example, in a restaurant/bar, they make a joint account, the idea is to free the employer from handling the tip because it is not more remuneration, it is not more salary, it is a reward and it has no burdens for the employer.
Likewise, the accreditation must be at least 24 hours after the tip is paid if the shops and/or gastronomic establishments act as intermediaries, therefore, the DNU orders the BCRA to arbitrate the measures for such purposes, as well as, these cannot be taxed by withholdings/perceptions/taxes or IIBB by the employer, if the latter offers the mechanism, nor by banking or financial entities.
The offer must guarantee the consumer’s freedom regarding the delivery method and the amount that he or she voluntarily defines and in the event of any dispute or litigation in this regard, they would be subject to Law 24,240 (consumer protection).
Finally, The elimination of the non-remunerative nature of Article 113 of the LCT will surely bring a battery of labor lawsuits from those lovers and devotees of the “trial industry.”
Specialist in Labor and Employment.
Source: Ambito
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