In Guatemalahe Collection of tips In restaurants and other establishments, it has been a matter of debate between consumers and companies, especially when it is imposed without prior consent of the client.
The Consumer Attention and Assistance Directorate (Diaco) clarify that There is no law that regulates or obliges the payment of tipsso this type of gratification is completely volunteer.
What is a tip?
According to the Royal Spanish Academy (RAE)a tip It is a small gratification with which an eventual service is rewarded. Historically, its practice dates back to the first labor systems, long before the Labor Law.
As the Gazette labor magazinealthough the tip can be applied in various sectors, it was in the field of gastronomy where it acquired greater relevance.
Its etymological origin comes from Latin I will prosecute (Agree to drink), which suggests a gesture of gratitude linked to the pleasures of the table.
What law regulates tips in Guatemala?
The DIACO It is clear: in Guatemala There is no current legislation that regulates the mandatory collection of tips In services.
This implies that No establishment can force the client To pay an additional percentage for tip, either by acquiring a good or when receiving a service.
Tips in restaurants
In the food sector, especially in restaurants, it is common that when delivering the account a 10% tip In recognition for a good service. Even in some payment vouchers a space is included for the client to indicate the percentage you want to leave.
However, this payment is totally optional And it should only be done At the will of the consumer.
The DIACO clarifies that, although some businesses automatically add the tip in the account, the client You have the right to reject that charge if it was not previously informed or if you simply do not want to grant it.
In the event that the client decides to leave a gratification, the establishment cannot demand a specific percentage: The consumer is free to choose how much he wishes to leave, be it a 1%, 5%, 10%or even moreaccording to your criteria.
In addition, if the tip is included in the invoice, becomes part of the taxable amount for VAT calculationso it must be duly registered before the Superintendence of Tax Administration (SAT).
In that sense, the client who leaves a tip is entitled to request that this item be included in the invoice.
Why is it important to demand the invoice?
The Superintendence of Tax Administration (SAT) has developed campaigns to raise awareness of consumers about Importance of demanding the invoice In each purchase.
This document not only supports the expense, but also allows you to file a complaint in case of Irregularities in collection.
A recent case, documented by Free presshe recounts how a customer acquired a menu to take in a restaurant, requested the invoice, but received a purchase order where a 10% position per tip.
When checking your SAT virtual agency, found that The restaurant never issued the corresponding billso he decided to present a Complaint before the Diaco.
This example highlights the need to always review the invoice and keep it as a support in case of possible commercial abuses.
How to file a complaint for improper tip collection?
The Consumer and User Protection LawDecree 06-2003 of the Congress of the Republic of Guatemala, allows any consumer file a formal complaint If an establishment Demands tip payment Without its consent.
Requirements to file the complaint:
- Photocopy of the bill for the purchase of good or service.
- Photocopy of DPI of the head of the invoice.
Steps to report way face -to -face:
- Present the complaint at: the Complaints center Located on the 6th 0-35 Avenue, Zone 4, CC Plaza Zone 4, third level (restaurant area).
- Any departmental or municipal headquarters of the DIACO.
Steps to report telephone:
- Through Call Center 1544.
In line Through the official website:
Consumer Rights in Guatemala
It is important to remember that No business can impose additional positions not regulated by law without customer authorization.
If an establishment Automatically includes a tipthe consumer has the right to claim or refuse to pay it.
The tip It must be a voluntary recognition by the consumer and Not an obligationand any additional charge without justification can be considered a commercial abuse sanctionable