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tankah

Aug 28, 2003, 9:14 PM

Post #1 of 6 (658 views)

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hiring housekeeper & gardener

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I am in the midst of hiring a housekeeper & gardener to take care of our new home. I 've asked a few people about whether or not I should have an employment contract for this couple. Of course I've been getting different answers. The person who is my semi- property manager told me that I don't need to have a formal prepared by an attorney, rather that I can draw one up myself and spell out the terms of the agreement and expectations in that document. Does that sound like a prudent thing to do? If so what type of information should I include? Any terms other than the obvious ones that I should stipulate? Or would I be better off having an attorney preparing the document? Any advice?

Brian

Aug 29, 2003, 4:49 AM

Post #2 of 6 (642 views)

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Re: [tankah] hiring housekeeper & gardener

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Hopefully anyone who answers this question will also address any differences between full-time and part-time employment. Social Security, aguinaldo, vacation/sick leave etc.

gpk

Aug 29, 2003, 9:35 AM

Post #3 of 6 (609 views)

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Re: [tankah] hiring housekeeper & gardener

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If you want a contract, use a lawyer. Mexican law has some specific requirements that you are not going to know about.

esperanza

Aug 29, 2003, 11:29 AM

Post #4 of 6 (594 views)

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Re: [gpk] hiring housekeeper & gardener

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I've been trying to think whether I know anyone who has a written contract with his/her household employees. I can't think of a soul.

http://www.mexicocooks.typepad.com

gpk

Aug 29, 2003, 3:38 PM

Post #5 of 6 (571 views)

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Re: [esperanza] hiring housekeeper & gardener

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There are few contracts, but that doesn't mean they are not a good idea. I am a US lawyer (retired) working for a Mexican lawyer, and I can assure you that Mexican courts and customs are changing fast. Tort actions are increasing and labor claims are are, too. A contract is a smart idea, and I had contracts with all of the people who renovated my house. I would also have contracts with my gardener and house keeper if they were full-time employees.

tankah

Aug 29, 2003, 9:21 PM

Post #6 of 6 (542 views)

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Re: [gpk] hiring housekeeper & gardener

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Thanks for your input. You've reinforced what I was already thinking- which is to have an attorney prepare it. I realize they are not very common, however, they will be full-time employees,living in the casita,and we will not be there all of the time. Also, and as mentioned in other responses there are issues with the holidays, vacation, illnesses etc. that an attorney can address. After some of the problems my friends have had with their help I just think it wont hurt to have things in writing.