Wage Definition (Article 133 of): The remuneration, benefit or advantage, whatever their denomination or calculated, capable of being expressed in cash, which corresponds the worker for the presentation of its services, among others, includes commissions, bonuses, gratuities, benefits or participation in profits, bonuses, vacation bonus, and surcharges for public holidays, overtime, night work, food and housing . Salary
Normal (Art. 133): Considered normal salary, the remuneration received by the worker normally and permanently by the provision of services, excluding accidental perceptions of nature and those that give the company such as: services canteens, uniforms, school supplies, scholarships, reimbursement of medical costs, pharmacists, funeral expenses.
Salary is waived (Article 132): The salary of a worker is irrevocable and can not be transferred wholly or in part, free or not, unless the spouse or person who is living with him and the children. In ventures with enterprises that occupy more than 50 workers, this may allow the company that will make deductions to cover union dues, sports and other social or humanitarian nature.
TYPES OF WAGES
· For unit of time (LOT art.140). It is when you take into account the work done in a certain period, without using as much the result of it.
· Daily wage (art.140). Is one-thirtieth of the remuneration received in a month. Wage Hour: the rate is obtained by dividing the daily wage by the number of hours of the day.
· By business unit, by the piece or (art.141). It is when you take the work done by the worker, used as a measure the time taken to execute it. The ceiling of this is that the calculation may be less than that corresponding to paid per unit of time the same work.
· wage per job (Art.142) is when you take into account the duration of labor, but with the obligation to provide specific performance within the day.
ITEMS ON THE PROTECTION OF WAGES
· Insolvency of Employer-lien (Art.158). Outstanding loans by way of salary for the last 6 months, and social benefits for an amount equivalent to ninety (90) days of normal salary, is privileged to be charged in preference to all other claims even on mortgages and liens. If wages or social benefits due to the employee exceed the amounts mentioned above, the outstanding wages shall also privilege on movable and immovable property of the Employer, as scheduled in Article 159 and Lot 160, and 1870 of civil code .
· Privilege on Employer's property (Bankruptcy Case Art.159-160). The salary, social benefits and allowances and any other credits due to the employee during the employment relationship, shall enjoy privileges over all property of the Employer and paid regardless of bankruptcy proceedings in bankruptcy.
° backward and bankruptcy of the Employer (article 161). When the employer intends to lease property, or request the benefit of late payment or bankruptcy, the judge advocate that the knowledge of the cause, it shall order the cancellation of claims of workers, as scheduled in Art.160 and in view of funds available at the time of declaring the assignment, the delay or the collapse, when the claims are enforceable.
· Wage Garnishment (art.162). The salary is not subject to seizure in a while does not exceed minimum wage. Embargoes, adopted on worker's compensation, may not impose more than one-fifth (1 / 5) of the involved portion between the minimum wage and over to double the minimum wage and third (third) of the portion, if more than double the minimum wage.
· Embargo of benefits. (Art.163). Benefits and allowances and any other credits due to a worker, can not be attached while not exceeding fifty (50) minimum wages. If you exceed this limit but not the equivalent pointed a (100) one hundred minimum wages be garnished by a fifth (fifth) the excess of the equivalent of 50 to 100 minimum wages. When exceeding the equivalent of 100 minimum wages be garnished the fifth (fifth) the excess equivalent to fifty (50) and 100 (one hundred) minimum and also the third part of the excess of the equivalent (100) one hundred minimum wages. Debt
· Employer. (Art.165). For the duration of the employment relationship, workers debts contracted with Employer shall be redeemable only, weekly or monthly, for amounts not exceed one third (1 / 3) equivalent to (1) one week or one (1 ) month of work as appropriate.
· Compensation Employer. For the duration of the employment relationship, the debts incurred by those workers with the employer may be redeemed, weekly, biweekly or monthly, depending on the pay period, with the retention of an amount that in no case exceed one third (1 / 3) part of wages.
· Stores and supply stores in the workplace. (Art.166). The employer can not establish in the workplace stores, grocery stores, commissaries or supply stores to sell goods or food workers unless:
or difficult access of workers to shops well stocked and reasonably priced.
or keep workers freedom to shop where they choose and,
or sales conditions of the establishment of the employer with due publicity. The price list must be submitted in advance of the union to make their comments.
MINIMUM WAGE.
· Review annually. (Art.167). A tripartite commission Review the national minimum wage at least 1 time per year, by reference to, among other variables, the cost of the food basket. National Executive shall from that recommendation, without prejudice to the powers conferred in Article 172 of LOT, set the amount of minimum wages.
· Commission Tripartite. (Art.168). In the previous article referred to in equal numbers will be integrated with representation from:
o workers' union representative.
or most representative organization of employees.
or the National Executive.
· Fixing Minimum Wages. (Art.169). Under Art.167 of the Act, the National Executive shall establish the minimum wage proposed by Resolution of Ministry.
· different minimum wages. (Art.170). When a commission appointed under the previous articles to understand its authority throughout the Republic, may recommend different minimum wages for different regions, countries or geographic areas, taking into account the cost of living in metropolitan areas and other elements that might make differences.
· Agreements between employers and employees on wages. (Art.171). Executive may issue in minimum rates as long as both representatives of employers or workers an industry or industry have informed the Executive of the agreement made between them.
· Minimum Wage. Decrees. (Article 172). Suggestion will be issued under the National Economic Council Executive and the Central Bank in case of disproportionate increases in the cost of living. Be taken into account the category of workers to geographic areas, respective characteristics and economic circumstances.
· employer sanctions. (Art.173). Paying less than the minimum wage will be punished in accordance with Art.627 of this Act also the patron offender shall be obligated to reimburse the workers the difference in the minimum wage and actually paid, for all the time at which they received lower wages than those fixed.
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