Yes. Article 15 of Law No. 5953 states it plainly: a journalist receives separate pay for work assigned by the employer outside the contract, and for pieces that are commissioned or accepted for publication.
The Article Covers Three Situations
| Situation | Example |
|---|---|
| Work assigned outside the contract | A task falling outside the job description in the reporter's contract |
| Commissioned piece | A specific investigation or column ordered separately |
| Piece accepted for publication | Content the journalist prepared on their own initiative and which the outlet accepts for publication |
What the three have in common is that the work falls outside the job description in the contract. The daily news output of someone contracted as a "reporter" does not fall within this scope; that is already the counterpart of the monthly wage.
Why the Job Description in the Contract Is Critical
This article is directly connected to the written contract requirement in Article 4, which requires the nature of the work to be stated in the contract. Where the job description is missing or left vague, which work counts as "outside the contract" becomes disputable.
Do Not Confuse This with Overtime
The two concepts are different. Article 15 looks at the nature of the work: work outside the contract was performed. Additional Article 1 looks at time: more than eight hours were worked in the day.
Both can arise in the same event. A journalist who does work outside the contract outside normal hours may become entitled to both the additional payment and the overtime premium. Overtime is covered in the overtime article.
Bottom Line
Separate pay is owed for work assigned outside the contract and for commissioned pieces or pieces accepted for publication, and the social security premiums of those additional payments must be paid. Which work counts as outside the contract depends on the job description in the contract, so filling in the "nature of the work" field in Article 4 correctly is also the foundation of this article.
Social Security Premiums Are Mandatory
The second sentence of the article adds an obligation: the social security premiums of these additional payments must be paid. The same requirement is repeated in Article 14.
So it is not possible to pay a commissioned piece under the label of "royalties" and keep it outside the premium base. This is a common shortfall in practice and an easily visible one on audit.