The premium is a social benefit to which workers are entitled with an indefinite, permanent contract and, in general, those who meet the conditions of dependent employee. Among the beneficiaries are people who work in domestic service, family service drivers and day workers.
(Also read: How to calculate the mid-year premium for domestic employees?).
Law 1788 of 2016 establishes the employer’s obligation to pay its employees the service premium, which corresponds to 30 days of salary per year. The payment is divided into two: one in the middle of the year, specifically in the month of June, and another no later than the first 20 days of December.
When and how much should the mid-year premium be paid?
Users have until June 30 to cancel the premium for services to their workers, details the ordinary law mentioned above. Most likely, the payment will be fulfilled in one of the two fortnights of this month.
Taking into account that the premium is divided into two payments, which in total add up to 30 days of salary per year, each of them is equivalent to 15 days of salary.
(Keep reading: These workers won’t get the mid-year bonus—check to see if you are.)
“Its recognition will be made for the entire semester worked or proportionally to the time worked,” explains article 306 of the Substantive Labor Code.
Workers must receive the service premium from their employers.
To calculate the amount, you must take the base salary you receive monthly, multiply it by the days you worked in the first six months of the year (180, if you have been employed since January) and divide the result by 360.
For example, if your base salary is $1,160,000, you would multiply it by 180 and the result, $208,800,000, divide by 360. This operation gives a value of $580,000, which would be your service premium.
Employees who do not comply with this provision to their employees may face a fine from the Ministry of Labor. According to the Substantive Labor Code, the worker must be paid a daily salary for each day of delay up to 24 months of delay.
(Of interest: Don’t know how to take advantage of the mid-year bonus? Here are some tips.)
The public body explains that those who do not comply with social benefits on time “must assume a fine of between 26.31 and 131,565 Unit Value Units (UVT), which corresponds to a penalty of between 1,000,000 to 5,000 million pesos Colombians”.
For whom does the service premium not apply?
Not all workers are entitled to receive a mid-year bonus. Here are some of the exceptions:
– Independent workers.
– Workers under contract to provide services.
– Temporary workers.
– Workers who receive a full salary.
– Casual or temporary workers.
– Apprentices or people with an apprenticeship contract.
If I have not worked for a company for a year, am I entitled to a premium?
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VALERIA CASTRO VALENCIA
DIGITAL SCOPE WRITING
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