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Ajijic Legal and Immigration Services |
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Labor Issues |
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When we decided to write this segment of our Website, we didn't really know the complexity in detail. The labor laws for the Republic of Mexico vary for each type of employee, and each type of employer. Unfortunately, very few of us who hire maids and gardeners, hire them according to the law. We hire them all "under the table" so to speak. The reason for this link is due to the increasing amount of labor claims against employers. We want to help protect you from these claims by providing information that everyone should follow. Since most of us hire domestic help, and are private individuals, we will advise on those circumstances. Due to all the different variables in any given situation, we cannot list them all. This is the basics, please contact us for any further questions you may have regarding labor. First and foremost, write a contact between you and the employee. List the days you expect them to work, and how many hours they are expected to work in a day. Also include what you will be paying that individual per day, and on which day you will pay them. You must list all of their duties you expect of them as well, in detail. Make the contract for one year, renewing it yearly. Always have the employee sign a receipt for his or her pay. Bonuses and Vacation By law an employee can only work 40 hours a week and no more than 8 hours per day. Employees are also entitled to a Christmas bonus and vacation. Employees, part-time or full-time are entitled to 15 days salary for Christmas, which must be paid no later than December 21st. Remember to have them sign for it, and to also have the Christmas bonus mentioned in the employment contract if you have one. For vacations, an employee is entitled to 6 paid days off for the first year, and 2 days more per year for every extra year worked. On the fifth year an additional 2 days is also added making 4 days added for the particular year. Statutory Holidays Full-time employees are entitled to have statutory holidays off with pay, unless they fall on said employees days off, such as weekends. If the employee works on a statutory holiday, said employee will be paid triple time. Part-time employees are entitled to have the day off with pay as well, as long as the holiday falls on day that the employee would normally work on. Triple time is paid if the employee works the holiday. Severance Severance pay is only paid to an employee an employer let's go. If the employee quits or retires, no severance is paid to that employee. Make sure the employee signs a letter stating that they quit on their own. An employee who has been fired or laid off, for whatever reason, is due severance. The employee is entitled to 3 months salary plus 20 days for every year worked (except the first), proportional vacation pay, and proportional Christmas bonus. Once this payment is made, make sure to have them sign off in agreement. We know many people here Lakeside that have excellent relationships with
their domestic help, but labor cases seem to be on the rise. If you are
hiring someone new that was not recommended by someone, or if you just
want to protect yourself, make sure you know what the rules are for your
given situation. |