The recently enacted Law 1935 of 2018 defines tips as the monetary recognition that the consumer freely and voluntarily gives for the good service and product received by the individuals who are part of the service chain in commercial establishments, delimiting their application, amount, and recipient.
The scope of application of this law falls upon commercial establishments dedicated to providing services for the consumption of food, beverages, public shows, any other commercial establishment that suggests the payment of tips, or when the client voluntarily so determines.
Now, as a consumer, to know how, how much, and when the tip should be given, the Superintendence of Industry and Commerce has established that: i) the tip is voluntary on the part of the consumer for the good service provided, ii) if the consumer wishes, they may not pay or modify its amount, iii) in no case may the tip exceed 10% of the value of the service provided, iv) the amount of the tip suggested by the commercial establishment must appear on the final invoice, which is given to the consumer so that they can verify the amounts being collected.
On the other hand, Law 1935 of 2018 establishes that the person attending to the client has the obligation to ask in advance, at the time of delivering the invoice, whether the client wishes to include the tip in their final invoice and/or whether they wish to modify the amount suggested by the establishment.
Taking into account that tips are a free act by the client who wishes to reward the person for good service provided, it means that the sole beneficiaries of the allocation of the money from the tip are exclusively the individuals involved in the service chain; therefore, the employer cannot withhold this money or allocate it to expenses that correspond to the establishment, such as, for example, replacement of work tools, payment of shifts, or any other that does not correspond to the worker. In the event that such a situation arises, the Superintendence of Industry and Commerce has the power to impose administrative sanctions in accordance with the provisions of the Consumer Statute, including, among other measures, fines or the temporary closure of the establishment.
However, the employer has the power that, in the event that the beneficiaries of said money do not reach an agreement for the distribution of these funds, the tips are distributed equitably among the beneficiaries. Likewise, the employer may distribute the collected money within the time periods they wish, as long as it does not exceed one month. Additionally, it is imperative to note that tips do not form part of the salary; therefore, in no case will it be admissible to consider them as a salary factor.
In conclusion, Law 1935 of 2018 provides clarity regarding: how tips should be distributed, who the beneficiaries are, the limitation of their amount to 10% of the value of the final invoice, informs the consumer of the possibility of modifying the tip, limits the employer in case they want to profit from these funds or withhold them, and establishes sanctions for commercial establishments that do not comply with this law.