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The controversy of the 10% of the waiter says the Code of Consumer Protection?

26/1/2010

This article was translated by an automatic translation system, and was therefore not reviewed by people.




By: Flávia Furlan Nunes



SAO PAULO - It is customary in Brazil, which accounts restaurant come with the value corresponding to 10% of that was spent, as a gratuity of waiter. The practice is valid, but the collection should not be imposed on consumers, according to a lawyer who specializes in consumer law, Arthur Rollo.

"The consumer is only obligated to pay the price paid on the menu, which is offered in accordance with Article 30 of the CDC [Code of Consumer Protection]," he said, adding that the prices of food and beverages must appear clearly in
menu.

According to him, the payment for the waiter and other restaurant staff should be built into the price of meals.

Withholding
The lawyer also said that in some establishments, although they require the payment of 10%, this does not discriminate on the invoice value.

"If the service is required and if the consumer has no choice but to pay, the invoice must take into account all the charge, setting the exclusion of part of it, in theory, the crime of tax evasion," he said.

In addition, Rollo said that if the person pays the service at the price of the product and is also required to pay 10%, that is configured in double billing.
"The consumer is not obliged to pay for what they consumed and leaves the tip the waiter if well attended and if you want."



Source: Portal InfoMoney

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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