Santo Domingo.- The Third Chamber of the Supreme Court (SCJ), through a change of criteria, ruled that the mandatory tip provided for in article 228 of the Labor Code should not be included in the accounts of food and beverages that would be consumed in a place different from the business that sold them.
According to sentence 033-2021-SSEN-00765, the mandatory 10% for tips will only be applied to the notes or accounts of customers who consume food or beverages in the businesses that sell them, without being able to extend the Collection of said concept to the amount of the invoices for the products purchased in hotels, restaurants, cafes, bars or other businesses where food or drinks are sold to be consumed in different places.
The appeal had been filed by the Association of Hotels and Tourism of the Dominican Republic (Asonahores) against ruling 0030-03-2020-SSEN-00121, dated July 10, 2020.