The Economic Affairs Commission (CAE) is ready to vote the legislative bill of the House (PLC 57/10) which amends the Consolidated Labor Laws (CLT) to regulate the division of the service fee charged on the expenses held in bars, restaurants, hotels, motels and similar establishments. Best known as tip, this fee is usually fixed at 10% of the value of the bill but the customer is not legally obligated to pay it.
Although the CLT already establishes the destination of this additional to the worker, the proposal aims to force the employer to follow this determination, imposing fines for noncompliance. It is also aimed to make clear that labor legislation considers tips not only the service fee charged by the establishment, but also the bonus given spontaneously by the customer to the employee.
The reporter of the bill, Senator Tomás Correia (PMDB-RO), prepared a substitutive for the bill in which he made three important changes. First, he eliminated the possibility of incorporating the service fee to the employee's salary in the event of termination of the collection. His argument is that the measure could make the employment contract more expensive.
Another change allows the establishment to deduct the administration fee, charged by the bank, from the tips paid by credit or debit cards, in the maximum percentage of 4%. By launching the service fee in the invoice of the customer, the company will also have the possibility to retain up to 24% of its value regarding labor charges and social security.
If the employer fails to comply with the requirements of transferring the residual amount, after the admitted discounts, he will have to pay a fine to the worker corresponding to 2/50 of the average service fee per day of delay.
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