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gpkgto

Dec 1, 2009, 3:35 PM

Post #1 of 8 (7306 views)

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Aguinaldo season--everyone ready?

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Aguinaldo is due by December 20 I think. Anyone give more than the normal 2 weeks pay?

mazbook1

Dec 1, 2009, 4:27 PM

Post #2 of 8 (7284 views)

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Re: [gpkisner] Aguinaldo season--everyone ready?

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Most people WISH that was as simple as "the normal 2 weeks pay."

I've posted on this nearly every year since I've been in business in México and last year, thanks to a local Mazatlán expat spreadsheet designer, James Maynard, and my input on the formulae, I have a handy-dandy spreadsheet (with full instructions) available gratis – FREE – that calculates the legally correct aguinaldo AND vacation pay due to any employee, full or part time, registered with IMSS or not registered, in México. And yes, it is due, IN CASH ONLY, by December 20.

Naturally, most casual employers like most members of this forum, only pay the legally due amount. Most employees of businesses, especially those with union contracts, and nearly all government employees get more than the legally due amount.

You can get the spreadsheet by writing me at publisher@editorialmazatlan.com. We'll send it back as an attachment to a reply email.

David Bodwell
Editor and Publisher
Editorial Mazatlán

(This post was edited by mazbook1 on Dec 1, 2009, 7:53 PM)

Jerry@Ajijic

Dec 2, 2009, 8:01 PM

Post #3 of 8 (7181 views)

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Re: [mazbook1] Aguinaldo season--everyone ready?

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We just paid our Aguinaldo and VACATION pay to our maid and gardener. I know it is not DUE until later but we have always paid early so they can do their xmas shopping while things are not picked over.

Rolly

Dec 3, 2009, 2:19 PM

Post #4 of 8 (7099 views)

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Re: [mazbook1] Aguinaldo season--everyone ready?

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There was an article on aguinaldo in the Torreón paper this morning that left me confused. The article said the due date was 15 December. Is that a change from the 20th? Or is it just a typo?

Rolly Pirate

esperanza

Dec 3, 2009, 2:41 PM

Post #5 of 8 (7086 views)

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Re: [Rolly] Aguinaldo season--everyone ready?

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Typo. The law says it must be paid no later than the 20th.

http://www.mexicocooks.typepad.com

Vichil

Dec 4, 2009, 2:26 PM

Post #6 of 8 (6987 views)

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Re: [Jerry@Ajijic] Aguinaldo season--everyone ready?

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Different strokes for different folks : we offered the alguinado to our cleaning lady nd she asked us to keep it safe for later. She does not want to go Christmas shopping too early for fear the presents gt robbed and does not want to keep any cash in her house either.
She also does not want to go Xmas shopping before the Fiesta de la Virgin de Guadalupe.

Moisheh

Dec 7, 2009, 5:40 PM

Post #7 of 8 (6803 views)

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Re: [Vichil] Aguinaldo season--everyone ready?

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In our community one resident had a labor lawyer come and explain some of the labor laws. If you hire say a gardner to work one day a week and he also works for other people then no IMSS payments or aguinaldo are due. He is a contract worker not an employee. However if he worked say 3 days a week and did not work for anyone else you must pay both. I have also noticed that in Sonora most of the
contractors lay off all their workers for almost a month starting around Dec. 2. This is to avoid paying aguinaldo. It is my understanding that if you pay aguinaldo then this an admittance that your gardner is an employee. You would then have to pay seguro.

Moisheh

mazbook1

Dec 7, 2009, 6:33 PM

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Re: [Moisheh] Aguinaldo season--everyone ready?

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Don't confuse a gardner and "domestic" help, e.g., maids, cooks, etc., inside the house.

The labor lawyer is quite right about the gardner who also works for others being "contract" labor. To protect yourself, though, you really should get some sort of receipt or "nota" from him each time you pay him. If he is an employee, you must legally enroll him in IMSS and pay those costs plus the annual aguinaldo and vacation pay.

Domestic help is a totally different story. You are legally obliged to pay aguinaldo and vacation pay, but you are NOT legally obliged to enroll them in IMSS. Depending on the daily rate of pay, enrolling them in IMSS can be a fairly expensive proposition percentage wise. Up to 60% additional, mostly in cash, over the period of a year (the higher the daily rate, the lower this percentage is). It does include worker's compensation insurance for your protection and of course all the medical and illness benefits for her immediate family. Normally, a domestic employee enrolled in IMSS will accept around a 25% lower daily take-home than one who is not registered in IMSS.

As I UNDERSTAND IT, IF a domestic employee asks to be enrolled in IMSS, you must do so, but all the domestic employees I have had have worked at both my home and my business, so they were actually business employees and I was required to enroll them in IMSS, so I haven't had the opportunity to find out if this understanding of mine is exactly the case.

However, for your peace-of-mind I HIGHLY RECOMMEND that you enroll all employees in IMSS whether you think they are domestic help or not. Just the worker's comp aspect is invaluable. One Mazatlán resident, who had a maid who was clearly nothing but domestic help, so wasn't enrolled in IMSS, learned this the hard way. The maid slipped on a staircase and hurt herself and the costs to her employer were horrendous! If she had been enrolled in INSS, they would have been non-existant!

(This post was edited by mazbook1 on Dec 7, 2009, 6:37 PM)