Cual Es El Tope De La Gratificacion Legal En Chile

The calculation of legal satisfaction depends on how employers define it in the individual or collective agreement, where it can be done in two ways: monthly and/or annual. It should be noted that if the salary increases, legal satisfaction also caps you should be aware that it must not exceed the minimum monthly income of 4.75. To do this, you need to know the value of the minimum income as of December 31 of the previous year. The employer must add up the total remuneration received by the employee during the year and calculate 25% of this amount. Once the amount is reached, the employer compares this amount with the minimum monthly income of 4.75. In the event that the result obtained was greater than 4.75, only 4.75 will be paid, because this is the limit. Otherwise, if it is less than 4.75, the employer must pay the difference to reach the value of 4.75 monthly minimum income. Finally, to calculate legal satisfaction, companies depend on their type of accounting and tax system, but also on the profits they make, whether or not they make a profit, and in particular on the modality that the employer negotiates with his employee in the contract. In this article, we will explain what legal satisfaction is in Chile and how to calculate it for the purposes of the payment you need to make in the first quarter of the year.

Read! There are differences in the application of the bonus depending on the type of enterprise, where the legal conditions are regulated in article No. 42 of the Labour Code. Among these, we find: On the other hand, companies must pay 25% per month on employees` remuneration with a limit of 4.75 monthly minimum income (IMM), as stated in Article No. 50 of the Labor Code. For legal satisfaction to be enforceable, the following requirements are required: The legal benefits of a company in Chile are of a legal nature and must be paid by the employer. They consist in the recognition of the work of employees by an advantage in their remuneration. There are two payment systems for legal satisfaction: the 30% direct debit or the 25% payment. You can choose one of these payment methods without having to repeat it next year, unless a specific method has been specified in the individual or collective agreement. There is no disadvantage to the payment of advances if the company and the employee agree to do so.

If the usual tip paid is less than the legal amount, the employer must pay the employee the resulting difference. Guaranteed conventional satisfaction is the one that is required even if the company has not made liquid profits. The situation is different with regard to presumed income, since enterprises are not kept of accounts, i.e. neither complete nor simplified, so that they would not be subject to the payment of legal satisfaction specified in article No. 47 of the Labour Code. If your company meets the above requirements, you must charge the legal tips to pay each of your employees at least once a year. As already mentioned, the premium may be calculated in accordance with the provisions of article 47 or article 50 of the Labour Code. These are tips that are reflected in employee compensation and are based on the profits made by the employer in the current fiscal year. Since the limit is 4.75, it will be checked if the amount received is in the legal amount, with the minimum wage for January 2022 for workers aged 18 to 65 being $350,000. For this, 350,000 US dollars * 4.75 are multiplied, thus receiving 1,662,500 US dollars, which represents the annual amount of satisfaction. It is governed by Article 47. As part of this payment, the employer must pay as a reward 30% of the profits that the company makes in its commercial area.

According to DT, “the amount corresponding to the employee is determined in proportion to what each employee has accumulated during the respective annual period, including what he or she is not entitled to.” This means that all considerations and additional considerations that are valued in cash and match the employee`s contract must be included. This system is one of the most commonly used by companies and the one that is most seen when it comes to paying tips. To calculate the value of satisfaction, you need to get the value of 30% of the profit and divide it by the total compensation that has accumulated in your company. You must multiply the result obtained by the remuneration of each employee of your company in order to obtain the legal satisfaction that corresponds to each individual. Here is a more detailed example of the specific calculation of a payment by the pay-as-you-go system. To calculate legal satisfaction, we first leave you the description of the concept and its requirements to understand the process. Mining, industrial, commercial or agricultural enterprises, enterprises and others or cooperatives. On the other hand, the remuneration system is in accordance with article 50 of the Labour Code, which states: “The employer is exempt from the obligation to pay satisfaction proportional to the profits of the enterprise during the financial year concerned, insofar as he pays the employee 25% of what was incurred for the remuneration during the same period”. This means that the employer must pay 25% of what the employee receives as compensation over the course of a year.

Of course, with a maximum satisfaction limit equal to the minimum monthly income of 4.75. That is, 25% of the employee`s gross salary is paid. It is also possible for the employer to choose another modality if 25% of the basic salary exceeds 4.75 times the minimum monthly income. That is, the satisfaction limit to be received is 4.75 times the monthly minimum wage, which would be $158,333 (at a minimum wage of 01-08-2022). Satisfaction is granted when the employer in turn makes liquid profits, so he is obliged to pay his employees annual satisfaction. This satisfaction can be paid in two ways: a payment, which cannot be less than the 30% share of the profit, or the employee must receive 25% of the salary incurred for the concept of monthly remuneration with a limit of 4.75 monthly minimum income. According to Chapter 5 of the Labour Code, legal satisfaction works if neither party has previously agreed on a type of tip, and in this case the amount is less than the amount to be paid in the gratuity. In this case, when the employee receives an amount for the tip before payment, the employer must make a statement in April of each year to determine whether what was paid fully covers what would correspond to the employee`s receipt.

As you can see, paying tips is easy, but it takes a lot of time and even more if the company has a large number of employees. A quick and efficient way to generate the payment and calculation process is to use a compensation system. The use of technology has made it possible to optimize processes, make payments easier and more transparent, and generate accurate calculations with a state-of-the-art calculation engine.