What is PTU and its Historical Significance in Mexico
The Profit-Sharing of Workers in Company Utilities (PTU) is one of Mexico’s oldest labor benefits, virtually enshrined in the Constitution since its promulgation in 1917. This labor right has a fiscal component, as the obligation arises from the profits reported by companies in their annual tax declaration to the Mexican Tax Administration Service (SAT).
Payment Deadline and Late Fees
The deadline for receiving PTU payments is May 31. This timeline stems from the Federal Labor Law (LFT), which regulates the benefit and grants companies 60 days, starting from March 31 (the deadline for annual tax declarations), to fulfill their obligation.
The LFT also addresses PTU rule violations, with penalties ranging from 22,628 to 565,700 pesos. The fine can be imposed per affected worker.
PTU in Digital Platform Work
In December of the previous year, a reform was enacted to regulate work on digital platforms, introducing a new chapter in the LFT to acknowledge the rights and obligations of individuals working through applications.
Beyond access to social security rules, the reform recognizes the right to PTU and sets specific provisions for paying this benefit in this form of work.
PTU applicability extends to riders and drivers when they exceed 288 annual service hours, calculated through actual work time.
According to the STPS, 288 hours is the result of a 0.75 productivity factor for effectively labored activity; that is, 45 minutes of actual work per each connection hour (the remaining 15 minutes correspond to waiting times).
If equated to a traditional eight-hour workday, the actual labor time amounts to six hours per day, 36 hours per week, and 144 hours per month. In this scenario, the “temporary worker” criterion remains, as it receives PTU after providing services for sixty days (two months), equating to 288 annual hours for riders and drivers.
An Opportunity to Strengthen Ties with Talent
Beyond legal compliance, Salvador de Antuñano, Adecco Mexico’s Human Resources Director, views PTU as a sign of robust company finances and an opportunity for businesses to reinforce bonds with their employees.
“It’s a fantastic chance to acknowledge the efforts and commitment of work teams, ensuring that our employees feel motivated and engaged in the company’s growth. It also helps solidify the organizational culture while looking after the well-being of those working for it,” he states.
De Antuñano asserts that, amidst the current context, nurturing talent becomes a business necessity. In this regard, distributing profits offers an opportunity for individuals to feel valued.
He recommends complementing the PTU payment with a “talent retention strategy” that includes “clear communication, financial literacy education, or even feedback on common work area objectives.”
OCC data indicates that PTU plays a crucial role in employee retention, especially in operational positions due to its personal finance relevance. Three out of ten workers plan to save or invest this resource.
“For 33% of operational position holders and 31% of analysts, assistants, and auxiliaries, it’s a significant factor in staying in their jobs. Meanwhile, 26% affirmed that PTU is a decisive factor in remaining with their company,” highlights the job market survey, Termómetro Laboral.
