The Tipping law It is a reform to the Federal labor Law (LFT) that seeks to guarantee a fair salary and decent working conditions for workers who traditionally live from tuitionhow Waiters, baristas, hotel staff, distributors, bars workers y gas stationsamong others.
This initiative was approved unanimously in the Chamber of Deputies last April and is currently in analysis in the Senate. It is expected to be published in the Official Gazette of the Federation during the second semester of 2025.
What is the tips law in Mexico and who affects? (Photo: Dedinero)
The main change is that employers are obliged to pay a base salary that cannot be lower than the current legal minimum wage, regardless of the tips the worker receives.
This means that tips can no longer be used as a pretext to pay less base salary.
The reform recognizes tips as voluntary bonuses that customers grant freely. That is, they are not part of the base salary nor can they be considered as income guaranteed by the pattern.
Its voluntary and additional character is clearly established by law.
One of the most important points is that employers cannot appropriate or manage tips, or use them to cover operating expenses. The distribution of tips corresponds exclusively to the workers who generate them, who must do so equitably and in accordance with what they agree internally.
The Ministry of Labor and Social Welfare (STPS) and its Labor Inspectors will have powers to monitor that tips are handled in accordance with the law. In addition, they may intervene in case of complaints or controversies between employers and employees about the administration of this additional income.
More than 1.7 million workers in Mexico depend on tips as the main income. This reform represents an advance to improve their economic well -being and access to labor rights, since when receiving a base salary they will also be able to access:
- Social security
- Paid vacations
- Aguinaldo
- Infonavit
- IMSS nurseries
- Social credits and benefits
The tips law especially benefits those who work in:
- Restaurants and coffee shops
- Hotels and motels
- Gasoline stations
- Bars and nightclubs
- Valet parking services
- Entertainment companies
As soon as the reform is approved by the Senate and officially published, the patterns will have 180 calendar days to adapt their internal policies, payment systems and individual work contracts to comply with the new law.
The base salary must be clearly defined in the contract, and may not include tips as part of the fixed salary. Property distribution systems must also be transparent and agreed by workers.
Yes. The client will continue to decide whether or not he leaves. What changes is that they can no longer be used to compensate for a low salary.
I would be violating the law. Labor inspections could lead to fines and administrative sanctions.
No. Applies to any workplace where the worker’s main income comes from tips.
When does it come into force? After its approval in the Senate and publication in the Official Gazette of the Federation, there will be a period of 180 days for the implementation.
The Tipping Law in Mexico It is a deep transformation in the country’s work culture, especially for those who work face to face with the public. This legal change guarantees a worthy minimum wage, protects the tips as an additional income Just and ensures that labor rights are respected, regardless of the business.
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