The date is getting closer for companies to start paying their workers the mid-year service premium.
In accordance with article 306 of the Substantive Labor Code – CST – indicates that the service premium corresponds to a monthly salary divided and paid in two periods.
The first part must be paid no later than June 30 of each year. The second part must be paid no later than December 20 of each year.
Likewise, this social benefit corresponds to an additional payment to the salary, equivalent to half a month’s salary for each year workedor proportional to the time worked, and must be paid in two installments, as mentioned above.
Failure to pay the service premium by the employer entails sanctions established in the Substantive Labor Code (CST), which seek to protect the rights of workers and guarantee compliance with their labor obligations.
What is the fine for not paying the service premium in Colombia?
According to the Ministry of Labor, the fine for not paying the service premium in Colombia is not established as a fixed amount, but is within a range that goes from 1 to 5,000 current legal monthly minimum wages (SMMLV).
The specific amount of the penalty is determined by the Ministry of Labor and Social Security, taking into account the seriousness of the offense and the employer’s repeat offenses.
How is the fine calculated?
To calculate the fine for not paying the service premium, these steps must be followed:
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Determine the value of the unpaid service premium: It is calculated by multiplying the worker’s monthly salary by the number of months worked and dividing the result by 12.
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Apply the fine range: The Ministry of Labor defines a fine range, generally between 1 and 5,000 SMMLV.
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Consider the seriousness of the offense and recurrences: Within the established range, the severity of the non-compliance and the employer’s repeat offenses will be determining factors in establishing the final amount of the penalty.
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Furthermore, it is important to keep in mind that the power to impose the fine for not paying the service premium rests with the Ministry of Labor and Social Security.
How is the fine imposition process carried out?
The process of imposing the fine for not paying the service premium generally It begins with a complaint or complaint filed by the worker with the Ministry of Labor.
There, the MinTrabajo, through its labor inspectors, verifies the situation and, if non-compliance is verified, proceeds to initiate the sanctioning process.
What to do if they do not pay the service premium?
If as a worker you do not receive payment of the service premium, you can take the following actions:
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File a complaint with the Ministry of Labor: You can do it in person at the Ministry’s offices or through its virtual platform.
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Go to a union or workers’ organization: These entities can provide advice and support in the claim process.
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Start a judicial process: If administrative means are not sufficient, you can go to a labor lawyer to initiate legal proceedings against the employer.
Finally, it is important to remember that the payment of the service premium is a fundamental right of workers and its compliance is mandatory on the part of employers.
