Puerto Rico Payout Agreement
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FAQ
Restrictive covenantsNon-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.
Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.
Although the EPA does not apply outside the United States, such claims are covered by Title VII, which also prohibits discrimination in compensation on the basis of sex.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
It is essentially a form of monetary assistance in preparation for the Christmas season. To compute this is you take your monthly basic salary, divided by 12 (months in a year), times the number of months within a year you have rendered your service.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
For Christmas bonuses in excess of $600, but not in excess of $1,500, the employer must withhold a 7% tax from the total amount of the bonus, and FICA and Medicare.
As a rule, employers with more than 15 employees are required to pay 6% of the employee's salary, up to a salary cap of $10,000, which is equivalent to a $600 bonus. Employers with up to 15 employees are required to pay 3% of the employee's salary, up to a salary cap of $10,000, which is equivalent to a $300 bonus.
Known sometimes as a 13-month-salary, the Christmas bonus is one given to employees at the end of the year. This practice will depend on the company's size, resources and financial performance, but the average holiday bonus is reportedly around $1,800, though the range could be anywhere from $100 to $5,000.
