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Lake Chapala's INSIDE LAKESIDE
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Hiring my neighbors' gardener.

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Hiring my neighbors' gardener. Empty Hiring my neighbors' gardener.

Post by Clueless Sun Aug 24, 2014 9:25 am

My neighbor is leaving to go back to the U.S. for health reasons, and I would like to hire her gardener who has done work for me off and on over the last 3 years.

She (neighbor) said she had a Spanish contract with him done by a Mexican attorney.

My question is that if I either take her contract, if names can be transferred, or make a new one for six months at a time, she says that I still have to give Christmas bonus and vacation pay, and that's fine with me, but at the end of the contract, there is no severance.

Is this right? I will give him some special end of contract bonus anyway, though I hope to keep him a long time.

Thanks.
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Post by Pedro Sun Aug 24, 2014 9:36 am

for peace of mind talk to a lawyer like spencer and have them draft a contract to your liking.it's not a huge cost.
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Post by desafinada Sun Aug 24, 2014 11:01 am

Your neighbor is required by law to pay severence since she is terminating his employment. You should start with a new contract. His vacation pay is calculated based on length of employment. As Pedro said, talk to Spencer or some other attorney.

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Post by SunFan Sun Aug 24, 2014 12:33 pm

Probably the neighgbour had an services contract specifically to avoid paying benefits and severance.

A contract implies no employer-employee relation.

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