On January 20, 2015 Law No. 27,073 was published in the Official Gazette. The new law modifies section 122 of the Employment Contract Law (ECL) in relation with the annual complementary salary (ACS) payment date and calculation. The new section 122 of the ECL establishes:
– The ACS must be paid in 2 quotas; on June 30th and December 18th.
– The amount must be calculated consider the 50% of the higher monthly remuneration earned for any concept during the semesters that end on June and December (already in force according to Law No. 23,041).
– To determine the amount of the second quota of the ACS, the employer must estimate December’s salary. If the estimation does not match with the salary actually paid by December 31st, the second quota of the ACS must be recalculated and the difference shall be paid to the employee together with December’s salary.
Thereby, the new section 122 of the ECL integrated provisions set forth by Law No. 23,041, established December 18 as payment date of the second quota of the ACS and, and in the cases were December’s salary ends being the higher salary of the semester, the difference in concept of ACS shall be paid together with December’s salary.
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