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Ed and Fran

Feb 18, 2007, 12:40 PM

Post #76 of 82 (3425 views)

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Re: [ignacio] Antiqüedad--otro pregunta

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You have your choice, do you want short term or long term employee. Short term by one or more 'temporary' contracts, or hire a new person every six months.

If you really want to go through the hassle of changing employees every six months to avoid the responsibilities that come with having a long term employee, that's fine. But your own words in your post show that your intention is to hire the same person on successive short contracts to get around the labor laws.


Long term, be prepared to pay for social security, vacations, separation, etc.

I think that an employer ought to be prepared to pay whatever the labor law sets out as proper. I don't like employers getting screwed over by employees, but I also don't like the reverse.


Long term is ok if you really have a permanent employee..... what if every time you go to have a cup of joe at your favorite coffee shop, you ask a guy to keep an eye/wash your car.... is he entitled to all these long term stuff ?

Throwing out a red herring here, are we? No, I don't consider that long term employment, do you?. Do you plan on giving that guy a six month contract??


What about a gardener, that you use 3 hours a week just to clear the wild grass and help you water the plants, is he/she entitled to 'long term' employment, if you use him/her for more than six months ?

If you feel the need to protect yourself with a part time employee by having them sign a contract, I see no problem in having your lawyer draw up the proper wording to cover the situation. Now if you plan on keeping that person on for an extended time (more tha 6 months), then yes, I think you ought to be prepared to provide whatever the labor laws prescribe for that situation. (Note: I have no idea what sort of benefits part time ("3 hours a week") employees are entitled to. But I'm sure your lawyer does.


Are you willing to pay $30,000 US dollars to this gardner the day you want to lay him off, for any reason, or because he continues to come in drunk ?

I'd be surprised to learn that the labor laws do not provide for termination for cause. But I suspect that, similar to the U.S., it requires that you provide some sort of series of warning letters (having the employee acknowledge the receipt of a warning letter stating the offense). I'd be doubly surprised to learn that the labor laws would award that person $30,000 U.S. if you had a signed contract stipulating start date, wages, hours, etc. I do expect that there is some compensation due to the employee at the satisfactory termination of employment, but I would suspect that the amount is tied to wages and time of service.


This last case was exactly what we had in our hands, now I ask you, how would you handle it ?

You got into that situation by not having a written contract, no?

We don't have any domestic help at our house. But we have had at other locations in Mexico in the past. We never had a contract, and never had problems at the termination of employment. Obviously your experience is different and that's why you advocate a signed contract. I don't have a problem with that advice, but I question the ethics of employing a person long term using a succession of short term contracts to get around the labor laws.

Regards

Ed


ignacio

Feb 18, 2007, 4:18 PM

Post #77 of 82 (3406 views)

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Re: [Ed and Fran] Antiqüedad--otro pregunta

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I wish you the best of luck, along with your well meant intentions.

I hope reality does not come and bite you, you know where.


I was just communicating what a lawyer that deals in Mexican Labor Law told me,
if you have better knowledge or experience, please share it with us, if not, just
ignore it and go on with your life, as you must.


(This post was edited by ignacio on Feb 18, 2007, 4:35 PM)


Marlene


Feb 18, 2007, 11:49 PM

Post #78 of 82 (3373 views)

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Re: [ignacio] Antiqüedad--otro pregunta

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Quote
I was just communicating what a lawyer that deals in Mexican Labor Law told me,

I think I would get a second legal opinion on this issue.


arbon

Feb 19, 2007, 6:17 PM

Post #79 of 82 (3322 views)

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Re: [Rolly] Antiqüedad--otro pregunta

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I'm with Rolly and Ed on this, as I understand the intent of ignacio,s 6 month contract, (trying to circumvent the law)

I would have thought ignacio needs to fire the employees every 6 months, legally with signatures on paper, and then rehire them?
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ignacio

Feb 20, 2007, 10:21 AM

Post #80 of 82 (3277 views)

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Re: [arbon] Antiqüedad--otro pregunta

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Let me state right up that I have NOT circumvented the law in the USA, nor have I received a traffic violation (parking tickets) that went unpaid back there......

now I must confess that on occasions I exceeded the speed limits, where I was alone in the freeway, and a time or two ran through a yellow light about to change. (here again with no other traffic or danger to any one else) Mea culpa, mea culpa, mea culpa.

That out of the way, a previous poster said "I understand the intent of ignacio,s 6 month contract, (trying to circumvent the law) "..... THIS IS NOT MY INTENT !

The intent of all this is that if you hire someone for a couple of hours a week, then fire them FOR CAUSE (drunk at work on many
occasions), to prevent these people from lying through their teeth and claiming all kinds of privileges that the law allows ONLY to permanent employees.

This is exactly what happened in my case, and it cost me 14,500 pesos not to get ripped off even worse, to the tune of 300,000 pesos.

Now tell me who was circumventing the law or using it under false, fraudulent pretenses ?

The deal proposed by the lawyers is to fight fire with fire, or just wait like a lamb, like in my case, for someone to come by and take your money...... and like it.





arbon

Feb 20, 2007, 12:16 PM

Post #81 of 82 (3261 views)

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Re: [ignacio] Antiqüedad--otro pregunta

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"Our lawyer is going to provide me with a contract as soon as I have the details of the next person that I have working there now."

Does that mean that you already have some one new working with out a contract, yet?
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jennifer rose

Feb 20, 2007, 1:06 PM

Post #82 of 82 (3255 views)

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Re: [arbon] Antiqüedad--otro pregunta

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This thread is locked, because it's strayed from the original intent. Feel free to start up a new thread about labor relations.
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