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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
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Mood: mellow
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We have a gardener who works for us one day, 5 hours, a week. He works for other folks for the rest of the week and we collectively pay his SS for him
and his family.
Had domestic help for several years. Same there, once a week for 5 hours. Was almost like one of the family. Donated lots of new clothes, bicicles,
bedding and whathaveyou, and after a tearful farewell ( she quit ) was notified by the authorities a few weeks later, that I owed this girl severance
pay. I think it amounted to several weeks pay for every year of employment. Amazing !! So, got stuck for $ 400.00. This doesn't take into account all
the times she didn't show.
Needless to say I got recruited as assistant housekeeper by a severely aggravated boss. No severance pay for me, and it seems I have a job for
life.
[Edited on 7-26-2009 by vandenberg]
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jls
Junior Nomad
Posts: 46
Registered: 4-9-2007
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I worry about this alot but just do not know who to go to about it. The guys always say "no problem", "don't worry" but I do and know that I should
pursue this...but how? They want the money now they do not want me to give it to someone else for their future and or medical insurance.
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LB
Junior Nomad
Posts: 74
Registered: 10-1-2008
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I like the idea of going together and collectively paying the SS. There is four of
us. Vandenberg did you use an account?
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
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| Quote: | Originally posted by jls
I worry about this alot but just do not know who to go to about it. The guys always say "no problem", "don't worry" but I do and know that I should
pursue this...but how? They want the money now they do not want me to give it to someone else for their future and or medical insurance.
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Yes, I just love the no problem and don't worry answers and that is what we hear all the time----so
So for big jobs, while not always the best price we hire the only contractor in town who pays his workers benefits---or at least that is what his
workers have told us! Have not seen it in writing. We thought we would be safer that way and it does seem to be safer from the answers here.
For small jobs, we try to hire guys who work full time and have benefits---but does not sound like that is totally safe from the answers here.
We do not have a clue as to how someone would pay for these things in our town and wish we did! If you find out, please let us know.
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
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| Quote: | Originally posted by morgaine7
Here's some info that may be helpful:
http://www.rollybrook.com/employee-pay.htm
Seguro Social showed up at my door one day with a summons to produce evidence of payment for the workers on my construction project. I had to sign
that I received it. I explained that my contractor was paying and would provide the information.
Kate |
THANKS Kate---that site is quite clear!
Diane
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jls
Junior Nomad
Posts: 46
Registered: 4-9-2007
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Yes, thank you.
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Barry A.
Select Nomad
Posts: 10007
Registered: 11-30-2003
Location: Redding, Northern CA
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Mood: optimistic
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My Mom and Aunt ( sister's) had a house built in Punta Banda back in about 1975--------
--------they named it "MUCHOS PESOS"
--------they sold it 10 years later, for a big profit.
After reading this thread, I now have some understanding of why they named it that. 
Barry
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LB
Junior Nomad
Posts: 74
Registered: 10-1-2008
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Thanks for the link, great information. I still will talk to my accountant.
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
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| Quote: | Originally posted by LB
Thanks for the link, great information. I still will talk to my accountant. |
Hope you will ask lots of questions and share that conversation. 
Thanks
Diane
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LB
Junior Nomad
Posts: 74
Registered: 10-1-2008
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will do,, buy wait until I get back to my Baja in November than I will update!!
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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LB check your u2u
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UnoMas
Nomad
Posts: 328
Registered: 2-8-2008
Location: East Cape
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Mood: Great
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When I built my house in B.C.S. I had a contractor that was new in the business and was told not to worry about the social security and the federal
housing, no problemo! Being in the construction industry in the U.S. I thought better as I knew that an injury would be a major problem and I wanted
everyone on my job to be covered, so the contractor and I set up an account and I paid it.
Since the social security comes due every month and the Federal housing is due every other month, and I was not going to be in Mexico when the latter
was due, I went to the accountant to settle up to be sure that all dues were paid in advance. A couple months later my neighbor who was also using the
same contractor informed me that he was told that I had not paid my last payment and paid it for me, good neighbor. Just so happens that I had a gut
feeling that something like this would happen and dropped off a copy of the receipt with my engineer before I left and he was able to establish that
all was paid in full. My point is to just Cover your A$$ as best you can when dealing in Mexico.
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mtgoat666
Select Nomad
Posts: 18367
Registered: 9-16-2006
Location: San Diego
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Mood: Hot n spicy
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| Quote: | Originally posted by UnoMas
When I built my house in B.C.S. I had a contractor that was new in the business and was told not to worry about the social security and the federal
housing, no problemo! Being in the construction industry in the U.S. I thought better as I knew that an injury would be a major problem and I wanted
everyone on my job to be covered, so the contractor and I set up an account and I paid it.
Since the social security comes due every month and the Federal housing is due every other month, and I was not going to be in Mexico when the latter
was due, I went to the accountant to settle up to be sure that all dues were paid in advance. A couple months later my neighbor who was also using the
same contractor informed me that he was told that I had not paid my last payment and paid it for me, good neighbor. Just so happens that I had a gut
feeling that something like this would happen and dropped off a copy of the receipt with my engineer before I left and he was able to establish that
all was paid in full. My point is to just Cover your A$$ as best you can when dealing in Mexico. |
can't you make contractor provide certified payroll with his invoices. no certification of payroll and taxes paid, no payment!
or keep retainage until you got end of year proof of taxes paid!
sounds like mex needs a contractors licensing board, and bonded contractors 
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
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| Quote: | Originally posted by morgaine7
Here's some info that may be helpful:
http://www.rollybrook.com/employee-pay.htm
Seguro Social showed up at my door one day with a summons to produce evidence of payment for the workers on my construction project. I had to sign
that I received it. I explained that my contractor was paying and would provide the information.
Kate |
This is very good information.
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UnoMas
Nomad
Posts: 328
Registered: 2-8-2008
Location: East Cape
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Mood: Great
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mtgoat;
You are so far out there! Do you think that all the contractors are going to print you out a statement every month to show your balance If you don't like the way the job is going they will just give you that
international sign of peace and love and walk, as they are usually paid well in advance, Sounds good but doesn't work
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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| Quote: | Originally posted by UnoMas
mtgoat;
You are so far out there! Do you think that all the contractors are going to print you out a statement every month to show your balance If you don't like the way the job is going they will just give you that
international sign of peace and love and walk, as they are usually paid well in advance, Sounds good but doesn't work
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You've got a point but, it puts the owner in a precarious spot. The contractor may agree to pay SS for his workers but, should he neglect to do
that, the responsibility will fall on the owner.
The owner must have assurance that the payments are made because he is ultimatly responsible. To ignore that is to leave himself wide open for
problems in the future.
It's the ol' rock and the hard place.
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
Member Is Offline
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If the contractor is working on more than one project and is paying SS, you still have to make sure the payment is applied to your project. Until you
get your Letter of Liberation from SS than all has been paid and is OK, you, the property owner, are the one responsible.
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
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Geez, and they are wondering why there are not more jobs and opportunities in Mexico. Talk about restrictive practices for the contractor who is
either you or someone else.
I had a friend who hired a woman to come once a week to water her trees and shrubs. After a year or so she decided that she was going to have
someone else do it since the woman was very irresponsible about coming on a regular basis. That is when the woman doing the watering filed a
complaint and was able to get termination, back SS, aguinaldo, and vacation pay.
Sure sounds like a successful "Free Enterprise" situation to me.
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
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Mexican labor law has definitely put a damper on business creation. After listening for years to the stories of friends who have businesses in Mexico
I would not even consider any venture requiring employees unless the profit margin was extremely high.
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MitchMan
Super Nomad
Posts: 1856
Registered: 3-9-2009
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I wonder how the concept of "Burden of Proof" applies here. What if someone bogusly files against you for labor that they did not do? Don't the
agencies require some kind of proof of the allegations made by the ostensible "employee".
I get the impression you can't fire someone at will, you can't easily fire someone for poor or even dishonest performance or, for that matter,
non-performance.
Also, it sounds to me like the best way to go about having ANYONE do any work for you, whether it is for a fixed short period, for a fixed short
period for a specific definable small project, occasional yet few ongoing hours per week, is to have a written contract (well written) signed by the
worker. You, as the payer, make sure that you stick to the terms and that the worker sticks to the terms of the contract. Since all the workers must
be paid in cash, a well written dated receipt for each and every payment that contains cum-to-date and current payment and balances be required and
these records meticulously filed and maintained by the payer. Also, this receipt should contain verbiage that the payee acknowledges that there are
no other payments made not reflected in the receipt. The labor contract should also stipulate that the worker agrees to not accept payment UNLESS he
gets and signs a receipt for all payments made to him/her.
"Independent contractors" do not require the payer to pay seguro. But, how does the payer prove satisfactorily that the worker was in fact an
independent contractor if the payee reports otherwise to the IMSS while asking for severance pay, vacation pay, Christmas bonus, etc.? How does the
payer prove that they didn't pay someone certain amounts, since payment is always in cash? The only way I can think of is to structure a receipt as I
described above wherein the payee signs and acknowledges that the only payment they ever recieved is reflected in the current and cum-to-date amounts
on the receipt.
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