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Pronouncement of the Labor Management on Clause that Provides for the Deliverty of Awards to the Worker for Mere Liberality

Through Ordinary No. 1816 dated October 14, 2022, the Directorate of the Labor responded to a query about the legality of clauses inserted in individual work contracts in which prizes and incentives are agreed sporadic due to sales contests, with the following characteristics:

  • The prizes and incentives would be understood as conferred by way of mere liberality
  • The employer could establish differentiated prizes for the different sales channels, products or to engage some workers to the exclusion of others.
  • The employer may suspend, modify or eliminate at its discretion the rewards and incentives.

The Labor Directorate considered that the clause consulted does not comply with law, since the fact that the prizes are awarded for mere liberality for carrying out the work of the worker, attempts against the principle of certainty and protection of remuneration, which has as its objective that the dependent has full knowledge of the remuneration to the that he is entitled to for the provision of the agreed services.

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