EMPLOYEE COMPENSATION

You know everything John. You figure it out.

E-raq wrote:

Zedinmexico wrote:Yea true David but how many of us who have maids pay the Mandatory government insurance?
Yes Housekeepers are exempt but you are suppose
to get it in writing that she doesn't want you to pay for insurance. I bet
the vast majority of us are in violation of this including me LOL. Just saw this
in Rolly's website getting a formula.

Z

Our housekeepers are independent contractors unless employed full time, as are gardeners. Ours owns a rosticeria. That's my reading of it. Our gardener does pay his own IMSS.

Correct. One is not required to pay IMSS for part-time employees.

David wrote:

E-raq wrote:

Zedinmexico wrote:Yea true David but how many of us who have maids pay the Mandatory government insurance?
Yes Housekeepers are exempt but you are suppose
to get it in writing that she doesn't want you to pay for insurance. I bet
the vast majority of us are in violation of this including me LOL. Just saw this
in Rolly's website getting a formula.

Z

Our housekeepers are independent contractors unless employed full time, as are gardeners. Ours owns a rosticeria. That's my reading of it. Our gardener does pay his own IMSS.

Correct. One is not required to pay IMSS for part-time employees.

O.K. here is now when I become confused. My understanding is that in Mexico that determination is not if an employee is part-time or full-time but rather or not if they are permanent or just temporary. This means to me your housekeeper & gardener that come for a few hours per week but ever week are considered permanent where as those that contract out individual jobs are temporary?

That is my understanding Parker. The last employees that we had in San Pancho both had Seguro Poplular because it was a Seguro Popular Hospital in town. They would have had to travel a bit by bus to get to the IMSS clinic in an emergency and the bus didn't run at night.
IMSS rules state that you can have only one type of insurance or the other but not both. They chose Seguro Popular and we had copies of their Seguro Popular ID.

My made works a four hours a week, usually Fridays, sometimes Saturday. I have no contract with her. Her family pays their own IMSS. I give her extra money for school supplies and the like, and an excellent bonus at certain times of the year. This money is not considered part of her "pay". She is not permanent; she's a pick-up worker.

HelperGuy wrote:My made works a four hours a week, usually Fridays, sometimes Saturday. I have no contract with her. Her family pays their own IMSS. I give her extra money for school supplies and the like, and an excellent bonus at certain times of the year. This money is not considered part of her "pay". She is not permanent; she's a pick-up worker.

What is a “pick-up” worker? (All seriousness aside, where I’m from this is some kind of “Lady” of the night. Hahaha!!!)

Parker wrote: where I’m from this is some kind of “Lady” of the night.

Maybe, from the wrong side of the tracks?

Apparently, by some definitions a "pick-up worker" is a common term used for day laborers sometimes found in groups outside of Home Depot. I didn't realize there was such an arrangement for maids along the shores of Lake Chapala.

Parker, They may be permanent employees, however, in the case of our housekeeper, she has 6 permanent employers.....working 4-12 hours per week for them.

Jim W wrote:Parker, They may be permanent employees, however, in the case of our housekeeper, she has 6 permanent employers.....working 4-12 hours per week for them.

Sounds like she must be a great employee and deservers whatever the law requires. And I’ve not read anywhere that an employee couldn’t receive severance from more than one employer, however the medical issue could be confusing. Did I get anywhere close to your point?

CheenaGringo wrote:Apparently, by some definitions a "pick-up worker" is a common term used for day laborers sometimes found in groups outside of Home Depot. I didn't realize there was such an arrangement for maids along the shores of Lake Chapala.

CG...Real Estate people use these kind of maids and gardeners for spot work on houses for sale, and rental agencies as well, when people move in or out. They are not regular assignments at regular hours.

Parker wrote:

Jim W wrote:Parker, They may be permanent employees, however, in the case of our housekeeper, she has 6 permanent employers.....working 4-12 hours per week for them.

Sounds like she must be a great employee and deservers whatever the law requires. And I’ve not read anywhere that an employee couldn’t receive severance from more than one employer, however the medical issue could be confusing. Did I get anywhere close to your point?

Yes you did Parker! The medical issues would be a nightmare to work through.

HelperGuy wrote:My made works a four hours a week, usually Fridays, sometimes Saturday. I have no contract with her. Her family pays their own IMSS. I give her extra money for school supplies and the like, and an excellent bonus at certain times of the year. This money is not considered part of her "pay". She is not permanent; she's a pick-up worker.

Perhaps the question is, has “HelperGuy” crossed the line from “pick-up worker” to permanent?

There ya go: spot work, pickup, whatever, right? Same as a guy knocking on my door who ends up washing my car every week. Is he some kind of "employee" now?

HelperGuy wrote:There ya go: spot work, pickup, whatever, right? Same as a guy knocking on my door who ends up washing my car every week. Is he some kind of "employee" now?

That is the question at hand. Where do they (Mexico) draw the line?

The line in Mexico is always drawn in such a way that will benefit the worker most.

DonPito wrote:The line in Mexico is always drawn in such a way that will benefit the worker most.

That is a CLASSIC line!...describes the situation perfectly.

David wrote:

E-raq wrote:

Zedinmexico wrote:Yea true David but how many of us who have maids pay the Mandatory government insurance?
Yes Housekeepers are exempt but you are suppose
to get it in writing that she doesn't want you to pay for insurance. I bet
the vast majority of us are in violation of this including me LOL. Just saw this
in Rolly's website getting a formula.

Z

Our housekeepers are independent contractors unless employed full time, as are gardeners. Ours owns a rosticeria. That's my reading of it. Our gardener does pay his own IMSS.

Correct. One is not required to pay IMSS for part-time employees.

My maid is my employee. Full time or part time means nothing to me (others may differ I know). I try
to do the right thing. Yes it is very confusing so I pay it and I feel better. I don't like having people clean
up after me but it is part of our obligations to employ people so I do.

Z

Zed, since your maid presumably works for you only a few hours a week, do you pay a pro rata portion of her IMSS? Because paying the whole whack is simply not a smart thing to do IMO.

my maid asks for vacation before she leaves, she gives me a weeks notice, its in the summer time. i never heard of paying months before. also every mexican friend said that we dont pay vacation of a p/t worker. but then they said, since i have been doing this for a few yrs i cant stop. they did say xmas bonus is necessary. but my dentist & a few other mexfriends give gifts. why? i give 500 pesos for xmas, she works averge 4 1/2 hrs one day per week. NO one pays medical for a p/t employee. can you imagine 6 clients paying for the same p/t maid?

The problem is that it is confusing when someone is considered a part-time employee. I believe it’s different in Mexico than in the US. (full/time vs part/time, or is it permanent vs temporary.) Does anyone know for sure? Or like so many other things it depends on whatever.

Bennie you really should read Rollybrook.com. about employee pay, it may give you a better insight.

Today's INFORMADOR has a couple of articles on Aguinaldo:
http://translate.googleusercontent.com/translate_c?depth=1&ei=DujRUNXBBcSVqwGVrICYBg&hl=en&prev=/search%3Fq%3Dinformador%26hl%3Den%26tbo%3Dd%26biw%3D1280%26bih%3D610&rurl=translate.google.com&sl=es&twu=1&u=http://www.informador.com.mx/jalisco/2012/425210/6/aguinaldo-deja-derrama-economica-por-mas-de-cuatro-mil-mdp.htm&usg=ALkJrhiIqlZFjZ93tnNhZIKZC93KOc-iRA

http://translate.googleusercontent.com/translate_c?depth=1&ei=DujRUNXBBcSVqwGVrICYBg&hl=en&prev=/search%3Fq%3Dinformador%26hl%3Den%26tbo%3Dd%26biw%3D1280%26bih%3D610&rurl=translate.google.com&sl=es&twu=1&u=http://www.informador.com.mx/jalisco/2012/424725/6/90-para-pago-de-deudas.htm&usg=ALkJrhje6W9CTVvNz32rnybJxXBATZgmHQ

I found the 2nd article particularly interesting in that it says that 90% of these bonuses go towards debt retirement.

E-raq wrote:Zed, since your maid presumably works for you only a few hours a week, do you pay a pro rata portion of her IMSS? Because paying the whole whack is simply not a smart thing to do IMO.

No it is optional for housekeepers (I think) ahhhh who knows anymore LOL.

Z

it is optional for housekeepers
Yes. It is her option, not yours.

Another thread Octagonized by Seisdos.

Rolly wrote: it is optional for housekeepers
Yes. It is her option, not yours.

Rolly, do we pay or is it deducted from her/his pay? (We become the filciator?) Because otherwise why would anyone ever decide to refuse? This doesn’t make much sense to me unless they have some preexisting condition and already have IMSS. Could they fear of not being hired if they asked for coverage?