The tourist workers of Quintana Roo claim for the theft of tips, since two entities are in charge of collecting and distributing them, not without first going through the hands of their union delegates in each establishment, who receive them in cash and according to the Sun of Mexico, “skim” from them before delivering them to said entities.
This is why workers, both in hotels and in theme parks, point to the Revolutionary Confederation of Workers and Peasants (CROC) and the Confederation of Workers of Mexico (CTM), in charge of distributing tips through a paying company, which is the union owns and which charges various commissions and discounts that can exceed three thousand pesos.
For tourist workers, tips represent up to 80% of their income, in the 300 hotels and to which they enter between 500 thousand and one million pesos a week in tips depending on the number of rooms and category of the hotel since the most luxurious can arrive to receive up to 2.5 million pesos a week.
Apparently, CTM and the CROC are fighting collective bargaining agreements in other hotels, such as the Hard Rock chain, operated by the company RCD Hotels, owned by businessman Roberto Chapur to achieve control of the millionaire tips, as well revealed a tourist worker to El Sol de México.
However, there are other hotel chains that do not participate in this modality, such as Grupo Vidanta with its hotel in Riviera Maya. “In strict adherence to the best practices in the sector, Vidanta Riviera Maya does not distribute tips through any union, it has never done so and continues to do so directly with its collaborators,” he said in a statement.
The complainants of the abuses of these union entities are mostly former workers because they have been fired for protesting the mismanagement of their tips, others have denounced the same medium, were threatened or attacked and had to leave the country, including delegates of these entities in establishments that apparently have refused to “skim” the cash tips they receive, before delivering them to those entities, reports El Sol de México.
Héctor de la Cruz, a specialist in Labor Law at the De la Vega & Martínez Rojas law firm, pointed out that it is illegal for unions to be intermediaries in the distribution of tips.
“In terms of law, tips are part of the salary of workers in hotels, restaurants, bars, and so on. Being the product of their work, no third party can intervene ”, he said.
He clarified that the reason for the existence of the union is to defend the interests of its members, so being an intermediary in the distribution of tips to decide who has more or less and even keeps part of them, has nothing to do. see with their objectives and on the contrary, violates the right of the worker to receive a decent income.
He added that the tip, being an amount that the client voluntarily gives as a thank you for a service, is not subject to any review.
“Neither the employer nor the union can manage or retain those resources; Even in the case of card payments, the employer must deliver the entire tip to the worker. In the event that the worker receives fewer tips than his due, he has all the right to go to the Office of the Attorney for the Defense of Labor in his locality and demand full payment since his salary is being affected ”.
He also said that unions such as CROC and the CTM generate fear by bullying workers who demand their rights so that they are not hired in other companies, but it is not something illegal.
“Unfortunately this practice known as putting the workers on the index continues to be used, and with that the bosses and unions maintain control, generating fear of not being able to find another job, however, this has never been lawful”
De la Cruz concluded by pointing out that although the T-MEC does not specifically contemplate workers in the tourism industry, unlike those of automotive assembly companies to whom it does provide protection, “the treaty with the United States and Canada contains general principles of respect to labor rights, and these, in turn, have other sources such as the conventions of the International Labor Organization (ILO) and the new Federal Labor Law, the latter which clearly indicates the freedom of the worker to hold their union to account, not to pay union dues if they do not agree, to remain or change union or even not have one ”.
He said that in his opinion, the legal framework to prevent these practices is in place, “you just have to use it.” With information from Bertha Becerra