The Labor Directorate (DT) responded consistently in the appropriate inclusion in the basis for calculating overtime, attendance bonuses and responsibility.
Pay or profit to be described as “salary” must meet the following copulative conditions:
• That it is a fixed stipend.
• To be paid in cash.
• To be paid in equal periods determined in the contract.
• To respond to the provision of services.
Corresponds therefore examine whether the bonds in consultation must be considered as “salary” and therefore whether they should be part of the basis for calculating overtime.
Repeated and consistent jurisprudence of this Directorate has ruled in the sense that this requirement does not mean that the parties have agreed a sum of only money, specified and determined, but enough has been agreed the liquidation and set the amount profit, which gives the character of “fixity” to it. Thus “the Labour Directorate has left established that the fact that a benefit can produce results that are not consistent from one month to another, does not alter the nature of it to make it a stipend of a variable nature, because the element of fixity which gives a benefit in the nature of salary, it is represented by the real possibility of perceiving monthly, and also because the amount and form of payment are preset “.