The Third Chamber of the Supreme Court of Justice (SCJ), through a change of criteria, considered that the mandatory tip provided for in Article 228 of the Labor Code should not be included in the bills for meals and beverages that are sold for consumption outside of the premises where they were purchased.
According to ruling 033-2021-SSEN-00765, the mandatory 10% gratuity shall only be applied to the bills of customers who consume meals or beverages in the stores or businesses that sell them. The ruling adds: “This regardless of whether such meals or beverages are transported by an employee of the business in question or whether the client has paid a third party, whether an individual or a legal entity, under any modality or route, whose economic activity is to transport meals or beverages produced by other businesses.”
The Third Chamber considered correct the position taken by the National Institute for the Protection of Consumer Rights (Proconsumidor) that the 10% legal tip should only be required when the act of consumption is carried out within the same establishment and not in cases of “delivery or take out”.
The resolution was issued by judges Manuel Herrera Carbuccia, Rafael Vásquez Goico and Nancy I. Salcedo Fernández.
The resolution revokes the previous judgment on the matter #0030-03-2020-SSEN-00121 dated 10 July 2020.
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Diario Libre
Poder Judicial
7 September 2021