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Post by Parker on Fri Nov 25, 2011 3:45 pm

David wrote:It's best to read all the info on this subject on Rolly's website.

www.rollybrook.com

I have many times and still had questions but thanks for trying to help.

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Post by Parker on Fri Nov 25, 2011 3:56 pm

ferret wrote:
Parker wrote: Is this for both full-time and part-time?

The worker is defined as permanent or non-permanent. A person who works part-time on specified days, week after week, year after year for a specific amount of money per week is defined as a permanent employee. As opposed to a plumber, carpenter, painter etc. who works doing a specified job ONCE.

Thanks for knowledge of the difference between PT & FT compared to permanent or non-permanent. This is very helpful.

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Post by susan on Fri Nov 25, 2011 4:32 pm

if an employee quits say in feb or march, its crazy to pay them xmas bonus for 10months later?? & a vacation? no way. i would just offer a lump sum. write up a paper in spanish. the paper would say that the worker was not terminated but leaving is their choice. & they do accept xxxx pesos "gratis" for services. and they will not go to pursue for additional $. OR the same paper which could say "i accept xxxx pesos for termination & i will not pursue........or go to court" i already had papers prepared but never had to use them. an employee (not a maid) was terminated several years ago, she didnt come back for severence or go to court. she dented my car, & i think she knew she would lose in court. & also knew i would give her zero if she returned. (she could have asked for 10,000 pesos). i changed locks.

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Post by David on Fri Nov 25, 2011 4:51 pm

The law requires that you pay a prorated amount of aguinaldo and vacation.
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Post by Jim W on Fri Nov 25, 2011 4:57 pm

My suggestion to all...with domestic help, if you are unhappy with them...terminate them, after speaking with attorney, offer fair severance and be done with it! If your offer is reasonable, they will sign off and be gone! Don't get stuck on a few pesos....court is no bargain here. We have had the same help since our arrival, and hiring them....no issues.

The domestics you employ have zero , from Mexico for unemployment, etc. We have enjoyed cheap help, and should pay accordingly, For satisfactory work...when we sell, and move NOB.

Too many times, renters from NOB, move after a few years, and stiff their domestic help, for compensation they deserve at termination.

MHO...Jim W
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Post by raqueteer on Fri Nov 25, 2011 5:43 pm

Gosh, we just pay them 2 weeks aguinaldo, 2 weeks of their regular pay. E.G. the maid makes 500 pesos a week. So that's 1,000, then she gets 2 weeks vacation pay, another 1,000. She also gets gifts.

Works fine for us, and she's not complaining, neither is the gardener.

She also gets paid vacation if we're away ,and gets paid sick leave, which she rarely uses. I had to send her home early today under protest.


BTW, welcome back Jim.

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Post by susan on Fri Nov 25, 2011 8:09 pm

it was the employees choice not to go to court for severance. in this case i was correct, this was not a typical worker. i was prepared to give some $ & have her sign a paper but she did not ask. as for my maid, she has never complained, she gets about 2 1/2 or 3 weeks pay for xmas. she works one 1/2 day a week, & occasionally another 1/2 day (3 or 4 hs). my obligation is to give her 3 hrs one day per week. anything additional is extra, if has the time slot. these additional hours are worked into the vacation pay & xmas bonus. she hasnt asked for sick days. she calls & cancels if she cant come, changes the day. for this kind of arrangement sick pay is not required. ask any mexican or attorney. full time help is different.

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Post by David on Fri Nov 25, 2011 8:59 pm

Full time help is not "different." The law is the law when it comes time for separation. It sounds like you have a good employee and a good arrangement.
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Post by susan on Fri Nov 25, 2011 9:49 pm

crossed referenced w/ numerous lawyers. & mexican workers! the arrangement is like a freelance thing. i cant remember the spanish word. they dont get double holiday pay if they chose to work that day, or sick pay. but they can change the day for normal pay. the maids mother worked for a mexican family 35 yrs full time, her husband works for a mex family as a gardener on contract full time. she prefers a looser arrangement, & higher wage. she has several clients, & is not fly by night. also works here during low season, she really needs the steady work.

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Post by David on Fri Nov 25, 2011 9:56 pm

You can play it fast and loose, but the law is the law. Make your own choice; abide by the law or take your chances. YOYO.
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Post by Parker on Fri Nov 25, 2011 11:07 pm

David wrote:Full time help is not "different." The law is the law when it comes time for separation. It sounds like you have a good employee and a good arrangement.

This has for me explained the best definition for understanding severance pay. Thanks Rolly (his web page on hiring and paying employees is a must read!) & Ferret.

Ferret stated; "The worker is defined as permanent or non-permanent. A person who works part-time on specified days, week after week, year after year for a specific amount of money per week is defined as a permanent employee. As opposed to a plumber, carpenter, painter etc. who works doing a specified job ONCE"

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Post by susan on Sat Nov 26, 2011 10:41 am

no worker has asked me for anything. and the mexicans i know have hired help & they advise me. i have had zero problems. if my maid quits (for medical etc), i would offer some $ (if she asks) & have her sign a paper. for some reason i dont have the same issues as people do here. usually i can see trouble before it happens. so the worker either dosnot get hired, or it is short lived. there are signals right away to indicate. only once i kept someone who was trouble, i knew what was ahead, so i dealt w/it accordingly. it was worth it in the long run. untill time to say goodbye. she brought this on herself.


Last edited by susan on Sat Nov 26, 2011 10:42 am; edited 1 time in total (Reason for editing : spell)

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Post by johninajijic on Sat Nov 26, 2011 2:25 pm

susan wrote:no worker has asked me for anything. and the mexicans i know have hired help & they advise me. i have had zero problems. if my maid quits (for medical etc), i would offer some $ (if she asks) & have her sign a paper. for some reason i dont have the same issues as people do here. usually i can see trouble before it happens. so the worker either dosnot get hired, or it is short lived. there are signals right away to indicate. only once i kept someone who was trouble, i knew what was ahead, so i dealt w/it accordingly. it was worth it in the long run. untill time to say goodbye. she brought this on herself.

Mexicans advise you?? That must really be the Law. The Law is very specific as Rolly and others have stated. And it's THE LAW, not susans law. You will get caught cheating someone someday and then you'll be sorry, maybe. Don't be a cheap b*tch and cheat them out of what they rightfully deserve. We all benefit from the lower wages and quality work. Could you afford a maid in the States?
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Post by susan on Sat Nov 26, 2011 5:04 pm

john you have a tendency to make sweeping conclusions. later i will find the paper i prepared for workers. never needed it, but had it typed up just incase. it was for one worker who was a night mare. (did not need it). the person who drafted it is the daughter of a guad lawyer. if someone quits in febuary & they started in january, YOU can give a xmas bonus 10 months ahead, YOU can pay for the vacation they never took. i wont do that. there are 2 sets of rules. sometimes they over lap. one set is for mexicans, other is for americans. always was always will be. like 2 rents- the mex rent, american rent. & for your info there are dishonest workers, yes mabel sometimes they do scam you. yes you, not me. why? everyone is happy here, stop looking for victims.

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Post by David on Sat Nov 26, 2011 5:38 pm

The Mexican Labor Laws are quite clear, and there's only "one set."
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Post by johninajijic on Sat Nov 26, 2011 9:54 pm

David wrote:The Mexican Labor Laws are quite clear, and there's only "one set."

David - You are 100% correct, but susan numbnuts is too friggin' stupid to believe anyone here, even those long timers like Rolly who know THE LAW.
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Post by newinajijic on Wed Nov 26, 2014 8:51 am

Christmas is coming and want to be correct on Christmas and vacation bonus's. Christmas seems to be no of days worked divided by 365 times 15 times daily rate. is vacation pay one days pay for one year worked. Tks

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Post by David on Wed Nov 26, 2014 9:12 am

It's not "Christmas Bonus," it's "Aguinaldo." After one year Vacation is one week.  It goes up a day per year for the first few years. If the vacation is not take then it must be paid before Dec. 31.  Go to www.rollybrook.com for more details.
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Post by JayBear on Sat Nov 29, 2014 6:04 pm

I much prefer to have my own maid who is loyal to me, is totally honest, knows the ins and outs of cleaning various nooks and crannies, uses cleaners and polishes which I prefer and supply, and looks out for my interests. She is a gem, and I am happy to pay the freight for her and the gardener. I pay both aguinaldo and vacation pay in December, as well as a small gift. (And when they work national holidays, they get extra also.) This is what my property manager taught me to do when I first lived here. Others may do what they like, of course. I do think the concept of "cashing out" an employee and rehiring them has merit, since I am concerned about what I will owe if I live here another 20 years with the same maid and gardener.

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Post by brigitte on Sat Nov 29, 2014 10:03 pm

I agree 100% our help has been working for us for the last 13 years and I would not use a service.
I offered one of them to cash out so they could use the money to start their house but it was turned down by them. I had a lawyer to do the form and calculate the amount and now I have the format and calculation if I ever need it.

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