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back the time
Christmas and with it returns the long awaited Christmas Bonus. Expected?? Ja! Expected course for employees who are its recipients, but for the micro, small and medium business is synonymous with the bonus money drain and headaches.

But employer Do you know what are the criteria used to determine whether or not an employee qualifies to receive a Christmas bonus? Do you know what the correct amount required to pay? Do you know until he has to pay the same? Did you know that there are exceptions to this payment? Let's see what our options and responsibilities.

eligible employees

Christmas Bonus Act No. 148 of June 30, 1969, as amended, better known as Christmas Bonus Act establishes the requirements to be eligible to receive a Christmas bonus as follows:

° it worked within the period of twelve (12) months, including from October 1 of any year until September 30 of each calendar year thereafter. Example: If we consider that in 2009 the period we consider for the bonus payment this year is October 1, 2008 until September 30, 2009

• If working within that period must have worked seven hundred ( 700) hours or more. If you do not get to the seven hundred (700) hours are not entitled to bonus

· Employees who no longer work for the company but meet the above two points are entitled to your Christmas Bonus

· It must have worked those hours for the same employer, even if the services are rendered in different businesses, industries, and other activities of that employer's responsibility

Employers

employer with fifteen (15) employees or less, every employer who employs fifteen (15) employees or less given a bonus equal to 3% of total salary to a maximum of ten thousand (10.000) dollars for the bond being granted in 2008. Employers

sixteen (16) or more employees-Every employer who employs sixteen (16) or more employees granted a bonus equal to 6% of total salary to a maximum of ten thousand (10.000) dollars for the bonus to be awarded in 2008.

The law also states that the total amounts paid on account of such bond shall not exceed 15% of annual net profits of the employer, gotten in the period from September 30 last year to 30 September year the corresponding bonus.

When we pay the Christmas bonus

The law provides that the Christmas bonus is not paid before the 1st day or after 15 December of each month except in those cases where the employer and its employees mutually agreed in another date. Penalties

employer who fails to

If payment is not made in the manner and within the period as indicated, or on the date agreed upon between the employer and its employees, the employer is obligated to pay, in addition to such bond , a sum equal to half the bonus in additional compensation if the payment is made within the first six (6) months of noncompliance. If you take more than six (6) months to make the payment the employer is obligated to pay another amount equal to the bond, as additional compensation. Exclusions



The Act excludes the responsibility of the Christmas Bonus "persons employed in agriculture, domestic servants or in family residence, or charitable institutions and officials and employees of the Commonwealth, its public corporations and municipalities, which hold a position, office or employment of a continuous or irregular. "

Can an employer exempted from payment of Christmas bonus?

The answer is yes. For the employer can accommodate the provision of the Act is exempted from paying in full or in part the bond is established when there has not made a profit in your business, industry, commerce or business or if they are insufficient to cover the entire bonus, not to exceed the limit of 15% of annual net earnings shall submit to the Secretary of Labor and Human Resources, no later than 30 November each year, a state of affairs and profit and loss for the period of twelve (12) month period from the first of October last year to thirty September current year, a duly Certified by certified public accountant, evidencing that the economic situation.

If the employer fails to submit the information required by the Secretary of Labor and Human Resources before the appointed date shall be obliged to pay the bonus in full as provided by law Be aware that the Department of Labor and Human Resources held an intervention their books to validate the data.

This article is not intended to replace the Act and should not be taken as absolute. For questions or concerns should refer to the Act in human resource consultant or employment attorney.
[1] The author has more than 9 years of experience in human resources. He is a member of the faculty of business administration at several universities in Puerto Rico and offers courses for graduate and undergraduate level. Management holds a Bachelor and Master in Business Administration both from the Polytechnic University of Puerto Rico. He is also currently doctoral studies leading to a DBA in Management from the University of Turabo. He serves also as an independent consultant for micro, small and medium businesses and is a member of the Board of Director of ASOPYMES.