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maryellen1952

Sep 5, 2015, 11:44 AM

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Law Labors & Hiring Help

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This was on a expat forum about hiring Mexican employees including temporary and your obligation as an employer so anyone who has employees needs to be aware of this:
"I have just learned through experience something very important. Anyone hiring temporary help for just one day per week, on a regular basis can be held responsible to pay compensation to the employee if they had been let go. The employee can file a complaint against their employer if the employee has worked for the individual over a period of a year or more. At the hearing I learned the phrase 'NO MAS TRABAJO" means "YOU ARE FIRED". The employer does not have the option to tell their side of the story at the hearing. The amount to be paid to the employee is based on the years worked. I owed this person for 10 years, at one day a week, six hours a day for a benefit of a cash payment to him for $780 US. It is important for all of us to remember that no matter how long someone has worked for you, how much of a friendship and trust you have built between the two of you, you are still at risk."



mcm

Sep 5, 2015, 2:27 PM

Post #2 of 7 (4261 views)

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Re: [maryellen1952] Law Labors & Hiring Help

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Well, that is the law. And it sounds about right to me, for a liquidation of a ten-year employee who worked one day a week. I'm surprised that the person who had no more work for the employee didn't offer a severance package without recourse to the Labor Board. Rollybrook's website has an excellent summary of the labor requirements for termination, including a link to the Constitution's labor rights provisions.

To make sure that there is no question on how long the person or worked, or what they were paid, it's a good idea to have a record of payments, with dates and amounts, signed by the employee. Also, a contract specifying details of vacation, etc.


YucaLandia


Sep 5, 2015, 2:45 PM

Post #3 of 7 (4256 views)

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Re: [maryellen1952] Law Labors & Hiring Help

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Unless you can definitively prove that the worker was unambiguously an independent contractor - like a plumero or albiņile doing specific projects, then it's an uphill battle to convince the govt. labor board judging these cases that there are no severance nor IMSS benefits owed.

I mention IMSS benefits, because we've had cases where the part-time workers (a mozo and a maid) claimed they were full time employees, claiming unpaid IMSS and employment benefits for being inappropriately "let go". That case, and another related case, ultimately cost the American couples $30,000 - $70,000 pesos to resolve/settle.

http://www.yolisto.com/topic/2874-a-sad-word-of-caution/
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Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Sep 5, 2015, 2:46 PM)


DigYourself

Sep 5, 2015, 2:53 PM

Post #4 of 7 (4254 views)

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Re: [YucaLandia] Law Labors & Hiring Help

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Thank you for the spelling of albinile...


(This post was edited by cuerna1 on Sep 5, 2015, 3:14 PM)


fordmexico

Sep 5, 2015, 7:36 PM

Post #5 of 7 (4210 views)

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Re: [cuerna1] Law Labors & Hiring Help

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albaņile


fordmexico

Sep 5, 2015, 7:51 PM

Post #6 of 7 (4208 views)

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Re: [YucaLandia] Law Labors & Hiring Help

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Unless you can definitively prove that the worker was unambiguously an independent contractor - like a plumero or albiņile doing specific projects,

Like a who???? plumero?????? My plumero has never spoken to me so I do not worry too much about them complaining to anyone It is quite independent though.


La Isla


Sep 5, 2015, 8:08 PM

Post #7 of 7 (4201 views)

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Re: [fordmexico] Law Labors & Hiring Help

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albaņile


albaņil - singular albaņiles - plural
 
 
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