Despite being a deeply rooted custom in Mexico, tipping is not a legal obligation for consumers, according to the Federal Consumer Protection Agency (Profeco). While many services, such as restaurants and hotels, suggest leaving an extra amount for the service received, this gratuity should always be voluntary and cannot be imposed as an obligation, Profeco emphasizes.
Profeco stresses that no establishment can automatically include the tip on the bill without the explicit consent of the customer. This practice is considered an abuse of consumer rights and is punishable by law. Additionally, Profeco urges consumers to report any undue charges or abusive practices, providing direct communication channels such as the Consumer Phone Line and various institutional emails.
Mexican law, specifically Article 346 of the Federal Labor Law (LFT), indicates that tips received by workers in service establishments are considered part of their salary only when the percentage over the total consumption can be clearly determined.
This highlights the importance of transparency in the management of tips, both to protect workers’ rights and to ensure clarity for consumers.
Consumer rights: The Federal Consumer Protection Agency (Profeco) establishes the following rights in restaurants:
- Guarantee of reservation.
- Respect for menu prices.
- Prohibition of unauthorized charges, such as mandatory tips.
- Right to compensation for poor service (minimum 20% of the price).
Restaurant obligations: The Federal Consumer Protection Agency also establishes the following obligations for restaurants:
- Clear display of prices, including taxes.
- Not demanding or including tips without consent.
- Providing a purchase receipt at the time of payment.
- Respecting promotions and their terms and conditions.
- Not conditioning access with a minimum consumption.
- Not discriminating against customers.
- Clearly indicating payment methods and accepting bills of any denomination.
Reporting channels: If an irregular charge such as a mandatory tip is detected, the consumer should report it to Profeco. Complaints can be made through:
- Consumer Phone Line: 55 68 87 22 / 800 4688722
- Website: http://telefonodelconsumidor.gob.mx
- Emails: [email protected], [email protected], [email protected]
These regulations aim to balance the relationship between consumers and service providers, ensuring that both parties fulfill their obligations and rights.
Transparency and mutual respect are key in this interaction, ensuring a fair and satisfactory experience for all parties involved.
Source: Debate
