LEGAL
TIPS |
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Labor
Law 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 article 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 the limit of words allowed by The Lake Chapala Review, we cannot
cover all the details, but we’ve included the important basics. 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. Employees
are also entitled to such things as IMSS, if you do not want to be responsible
for IMSS, make sure you include that in your agreement with your employee. 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. For
part-time help these times and amounts are voluntary. A good guideline for
a Christmas bonus is to give them the equivalent of 2 weeks pay. For example,
if your employee works 15 hours a week at $240 pesos per week, give them
a $480 peso bonus. Remember to have them sign for it, and to also have the
Christmas bonus mentioned in the employment contract. Full-time
employment has set rules for domestic help. Christmas bonus is equivalent
to 15 days pay. 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. 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 double 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. Double
time is paid if the employee works the holiday. Severance
pay is only paid to an employee an employer dismisses. 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, 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. Adriana Perez Flores |