Understanding the PTU and Its Role in Labor Disputes
The Participation of Workers in Profits (PTU) has become a union tool to gain members or supporters and exert pressure on companies facing strike threats. Each year, businesses are obligated to pay profits generated in the previous fiscal year to their employees by May. This situation, explained by Jorge Sales, a partner at Sales Boyoli, has allowed union leaders to convince workers they could receive significant amounts without considering the company’s ability to fulfill this obligation.
Reforms and Their Impact on PTU
According to labor expert Jorge Sales, this situation arose from the 2019 labor reform and the subsequent 2021 subcontracting reform, as the absence or reduced PTU payments became a rallying point for labor organizations. Óscar de la Vega of D&M Abogados added that the 2021 subcontracting reform led to a substantial increase in worker participation in company profits, sometimes disproportionate to the value generated by workers. As a result, Article 127 of the Federal Labor Law was amended to establish various caps on PTU payments, including three months’ salary or the average of the past three years worked by the employee.
Union Pressure and Legal Limits
Despite these legal limits, some unions have pressured companies to disregard them through strikes. However, the Supreme Court of Justice of the Nation ruled that the limits set in Article 127 were constitutional. In response, companies have adopted alternative methods, especially in businesses without profits, by negotiating bonuses with unions to maintain labor peace.
Statistics and Recent Developments
According to the Secretaría de Trabajo y Previsión Social (STPS), in 2020, approximately 89,038 companies paid PTU, rising to 180,870 companies in 2023, benefiting 13.9 million workers. The average PTU per worker was 6,999 pesos in 2020, increasing to 11,557 pesos in 2021, 14,024 pesos in 2022, and reaching 14,748 pesos in 2023.
Preventive Measures for Companies
Sales Boyoli suggested the following actions to prevent PTU-related issues:
- Involve the union from the beginning of the PTU process.
- Inform employees about additional costs preventing PTU distribution (loans, investments, quality, equipment, etc.) through financial and HR departments for timely awareness.
- In workplaces with active union presence, develop a strategy with the general secretary. The union can assist in containing any issues.
- Educate workers on PTU concepts, calculation factors, integration, and interpretation of the pay stub.
Key Questions and Answers
- What is PTU? The Participation of Workers in Profits (PTU) is a Mexican labor law that requires companies to distribute a portion of their annual profits among employees.
- Why is PTU significant in labor disputes? PTU has become a union tool to gain supporters and pressure companies facing strike threats, as it represents a substantial sum for workers.
- What are the legal limits on PTU payments? Article 127 of the Federal Labor Law establishes caps on PTU payments, including three months’ salary or the average of the past three years worked by the employee.
- How have companies responded to PTU pressures? Some companies have negotiated bonuses with unions instead of paying PTU, especially in businesses without profits, to maintain labor peace.
- What are the recent statistics on PTU payments? In 2020, around 89,038 companies paid PTU, increasing to 180,870 companies in 2023. The average PTU per worker was 6,999 pesos in 2020, rising to 14,748 pesos in 2023.
