At the end of a meal in a restaurant, it is common to receive a bill with an optional fee. However, despite the name, some people still wonder if it is mandatory to pay a tip. In this case, we must return to Law 13,419, also known as the “Law of the Tip”, which defines with prediction how the value should be distributed.
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What does the law say?
According to the law, any additional fee that is added to the bill must be directed to the restaurant's employees. In this way, it can be said that the amount you pay will, in fact, be given to the employees, and will not be used as a profit for the restaurants. In fact, the amount will not even enter the establishment's revenue, although the CLT considers it to the worker.
Also, note that there is another rule that defines that this value is distributed equally. This means that the specific additional amount will not go directly to the waiter who served you. In this case, the company must organize the amount received to be divided among all employees. And then, again, note that there is a specification. This is because these values are not passed on only to the waiters, but to all the company's employees. This includes cooks, assistants and other employees. This is a way to ensure that everyone gets the bonus.
Is the customer obligated to pay?
Not according to the law. That is, you don't need to feel embarrassed when you receive the bill, as there is no obligation in this matter. Thus, it is stated that not only the amounts of the additional fee are entirely at the discretion of the customer, but also any other amount directed to the specific waiter.
The Law can even protect customers in case of any kind of embarrassment regarding the pressure to pay additional. If you feel coerced or receive the statement that it will be mandatory to pay any fee in excess of the pre-established account, know that there is the possibility of legal appeal.
