Firing a gardener with cause

Once again, we are forced to change gardeners. The latest one has been coming late, leaving early, and sleeping in the bodega instead of working.
My understanding is that with 3 formal letters of complaint one can let the employee go without having to pay severance.
Obviously since his lack of work will also be forcing us to hire outside help to rectify the situation, probably at a cost of thousands of pesos, we are unwilling to fork out a large finiquito as well.

We have a witness, he has signed two formal warnings, then disappeared again today after failing to bring a letter from the doctor to explain his behavior on Friday.

Any professional advice would be appreciated.

how about a nice rock garden!!

hockables wrote:how about a nice rock garden!!

Nice idea, however most of it is rock. Rock walls, flagstone patios, pool which he doesn't do, I have a cute live in pool boy. Rock terracing, paved walkways, and a few trees and plants. What's to do? Obviously sleep.
So, what I really need, is a kid to cut the grass every 10 days, maybe a couple of hours. And another kid to sweep up.
Pruning and feeding I'll have done by a service every few months.

Sooo, let's get down to the nitty gritty here. How do I get rid of this slacker who has been doing squat?

when he shows up next time... point to the shovel and wheelbarrow and tell him where the new pool goes... that ought ta get rid of him...

Yeah well I always did want a nice hot tub. Why not?

I would go to a professional...either a lawyer or an accountant who is well versed in labour law. It probably won't cost more than 500 pesos. Having a professional do this puts you at arm's length but gives you a witness at the same time.

If no one on this board can help then ask on chapala.com

If we were in Nayarit, I would know who to send you to.

hockables wrote:when he shows up next time... point to the shovel and wheelbarrow and tell him where the new pool goes... that ought ta get rid of him...

Now we just had a friend that went through this very issue. The gardener would show up drunk often and spent a lot of his time sleeping off a hang-over instead of working. They hired a lawyer but still wound up paying approximately 85,000pesos in severance. This fellow had worked for them for about 8 years and these bad habits happened in the later half. Moral of this story is when the apple goes bad get it out of barrel before it cost you more in the spoilage.

P.S. I’d try the digging the pool thing first and hope he would just leave. And “Hochables” you are officially funny, I’m beginning to understand.

Parker wrote:

hockables wrote:when he shows up next time... point to the shovel and wheelbarrow and tell him where the new pool goes... that ought ta get rid of him...

Now we just had a friend that went through this very issue. The gardener would show up drunk often and spent a lot of his time sleeping off a hang-over instead of working. They hired a lawyer but still wound up paying approximately 85,000pesos in severance. This fellow had worked for them for about 8 years and these bad habits happened in the later half. Moral of this story is when the apple goes bad get it out of barrel before it cost you more in the spoilage.

P.S. I’d try the digging the pool thing first and hope he would just leave. And “Hochables” you are officially funny, I’m beginning to understand.

Jeebus, well, so much for lawyers. We're going to give this guy 4 weeks pay, and call it quits. My neighbor is quite willing to testify, that this gardener has been entering his property without permission, that he stole a valuable watch from said property, and entered his home in order to get his modem number so that he and some of his friends could spend their time on line during working hours. Our neighbor has also kindly provided a new employee, who we know and like, so hopefully that's the end of the story.

If he refuses to accept this, and sign on the dotted line, perhaps a denuncia would be necessary. Hope not, but that's the way it may have to go.

Thanks to all for suggestions, tea and sympathy.

Thanks Solovino, the deed has been done, all relevant paperwork signed and witnessed.
Should there be no further unpleasantness from the former employee, the case is closed. If however, as sometimes happens, he comes back with el cheapo legal representative, not an attorney, my neighbor and I may have to resort to the threat of a denuncia, for unlawful entry, and theft which would undoubtedly scare the living crap out of the guy.
He did leave quietly.
Now, since my neighbor has repeatedly warned anyone working for either himself, or us that he'll make sure they wind up in jail if there's anything crooked done to either of our households, and since he has done this previously, 4 years for the miscreants, I'm thinking we´re in reasonable shape here.

Update, ex-employee has accepted his fate and is looking for work. My neighbor, who has a construction project going on has hired him, to pick up and carry heavy rocks, plus dig, mix cement and make himself real busy, under the supervision of the maestro. As he said, it's time for this kid to learn a lesson.
So Hockables, the guy is going to wind up doing exactly what you suggested.

Hahahahahaha.

Wonder how long he'll last?

I hope he lasts. Sometimes kids just need a swift kick in the butt to learn a lesson...I think they call it tough love.

ferret wrote:I hope he lasts. Sometimes kids just need a swift kick in the butt to learn a lesson...I think they call it tough love.

Yes they do call it tough love, and this kid has been mollycoddled for his entire life. He has had innumerable warnings, from his brothers, our neighbor and ourselves, regarding sloping off here and there while supposedly on the job. Let's hope that he finally gets it under the strict eye of the maestro. Meanwhile, I have requested photos of boy wonder actually working for a living.