BajaNomad - 'Tis the Season of the Aguinaldo

'Tis the Season of the Aguinaldo

Bajatripper - 12-9-2011 at 10:06 PM

If you are among those of us living in Mexico who put our trash out on the curb, where it is taken away by municipal workers, you are about to meet one of those workers. He will come knocking at your door asking for el aguinaldo, perhaps with a hand slightly extended towards you. If you are new to living in Mexico, your first thought might be: "WTF?"

But if you've lived here for a while, this will be old hat, you will excuse yourself, go back inside and return with whatever monetary compensation you think appropriate.

I'm talking, of course, about the aguinaldo. My Velazquez Dictionary defines it as a New Year's gift or a Christmas box. In La Paz, it is usually a sum of money given by employers to employees which, if I'm not mistaken, is paid by law. It amounts to a percentage of one's pay (monthly? yearly? don't know). Even the government pays it to its workers. For many, it's a large enough sum to pay for remodeling projects around the house and is the principal reason why electricians, carpenters, plumbers, and albañiles can be hard to hire during December--people have money and are competing for their services.

So if you are a new resident, now you will know what the garbage man (or is that sanitation engineer?) wants when he comes knocking. And if you have household help, such as gardeners, maids, etc., I'm sure they'll expect it too--and talk bad about you if you don't give it. I also give it to the guy who delivers my water.

tiotomasbcs - 12-10-2011 at 02:44 AM

Auggie Naldo, don't know him? Maybe he owns that restaurant in Loreto. :rolleyes:

Tio

Pescador - 12-10-2011 at 05:04 AM

That is interesting that a garbage man would ask for an aguinaldo. Normally, independent contractors and odd job guys very seldom expect or ask for one, but hey why not.

It is typically, as required by law, a full month's salary that has to be given by the employer, either federal or private, in early December, which is why all of the stores load up on all the extra things that would not even be considered during the year. One family that I am very close with got theirs and I asked if they were going to save a big portion of the aguinaldo and they looked at me like I was from Mars.

Russ - 12-10-2011 at 05:20 AM

Funny, no one explained this to me before. Thank you. Guess I need to make a bank run :light:

The Mulege police delegation was around this week and the highway cops are busy too.

RnR - 12-10-2011 at 07:05 AM

Wait a minute!

El aguinaldo is a payment paid by the EMPLOYER to the EMPLOYEE and is required by federal labor law.

It is definately not a payment paid by a homeowner to a municipal employee, to a police officer, to a water delivery guy, etc. Payments of this type are essentially voluntary Christmas tips paid for good service, (and maybe to assure continued good service in the future.

This is a direct quote from the "Ley Federal de Trabajo":

Chapter 5, Article 87:

"Los trabajadores tendran derecho a un aguinaldo anual que debera pagarse antes del dia viente de diciembre, equivalente de quince dias de salario."

Rough translation: The workers will have a right to an annual aquinaldo that must be paid to them before the 20th of December, equivalent to 15 days of their salary.

If you hire a gardener or maid, in an employer/employee relationship, then you are required BY LAW to make the payment. But you are definately not required to make the payment to somebody employed and paid by someone else.

tiotomasbcs - 12-10-2011 at 07:45 AM

The Policeman's Ball is also an event held in December. They stand out on the hwy entrance to Todos Santos and ask for "support"!

Out here at the beach they often ask for "gas" money and surely will cruise the hood for a donation for the party. Best to make a small contribution, verdad?! :spingrin:

Tio

DENNIS - 12-10-2011 at 08:32 AM

This is the article in the Labor Law that outlines the Aguinaldo, however this is a responsibility of the employer, not the consumer.
I believe the gratuity given by the consumer is no more than tradition and the employee still receives an Aguinaldo from the employer as mandated by law.

The consumer either pays, or throughout the following year, he'll wish he had.
------------------------------------

Article 87. Workers will have the right to an annual
bonus that must be paid to them before the 20th of
December, equivalent to fifteen days of wages, at least.

Those who have not completed one-year of
employment, aside from whether they are still
employed on the date the bonuses are paid, will have
the right to be paid a part proportionate to what
conforms to the time that they may have been
employed, whatever it might be.

.

[Edited on 12-10-2011 by DENNIS]

RnR - 12-10-2011 at 10:48 AM

Quote:

Originally posted by lencho

Quote:

Originally posted by RnR
But you are definately not required to make the payment to somebody employed and paid by someone else.

Required? No. Does the custom come from the law, or vice-versa?

My personal experience is that it can be an expression of sharing the wealth and joy around the holiday season, and once I figured it out, life became more pleasant. The newspaper guy, independent contractor struggling for a living, lights up like the statue of liberty and hereafter always makes sure there's a paper left. The garbage guys decide I'm not just an unknown pnche gringo and never again miss a pickup... etc.

What goes around, comes around.

Couldn't agree more with the Christmas tip idea. That's how I started out the post.

--------------------------
El aguinaldo is a payment paid by the EMPLOYER to the EMPLOYEE and is required by federal labor law.

It is definately not a payment paid by a homeowner to a municipal employee, to a police officer, to a water delivery guy, etc. Payments of this type are essentially voluntary Christmas tips paid for good service, (and maybe to assure continued good service in the future.
--------------------------

The original post started out by saying, "the garbage workers were coming to the door asking for their aguinaldo..."

The aguinaldo is their employer's responsiblity.

And, they shouldn't be asking for a tip. Tips are given voluntarily for good service.

What would you do if your server in a restuarant asked for a tip? :?:

RnR - 12-10-2011 at 10:52 AM

And to DENNIS, a question:

Do you have an english translation of the Federal Labor Laws, and if so, where did you get it?

I have the spanish version printed in book form. Sometimes my translation skills are not quite up to the task.

DENNIS - 12-10-2011 at 12:11 PM

Quote:

Originally posted by RnR
And to DENNIS, a question:

Do you have an english translation of the Federal Labor Laws, and if so, where did you get it?

I have the spanish version printed in book form. Sometimes my translation skills are not quite up to the task.

Yeah...I do. Your skills seem to be pretty good as it's almost identical to what I cut 'n pasted. I didn't see your post preceding mine and I didn't mean to repeat what you said. Sorry bout that.

I bought a PDF file of the law in English and Spanish as I was tired of hearing all the guesswork. Paid around 125 bucks. Not a bad price to pay and become an expert. :lol:

Here's a link to Glenn McBride's site:

http://glennmcbride.com/

Bajatripper - 12-10-2011 at 02:00 PM

Quote:

Originally posted by RnR

But you are definately not required to make the payment to somebody employed and paid by someone else.

You're right, of course, and that's probably why they (the garbage collectors) don't insist. But then, perhaps it is this unrequired (by law) generosity on my part that makes those 12-15 bags of leaves disappear when I put them out. By law, they aren't required to do my hauling of so much waste, either.

I don't mind a bit tipping even those whom I don't, by law, have to. It won't kill me and often makes a big difference in the day of a local. Must be the socialist in me.

Bajatripper - 12-10-2011 at 02:03 PM

Quote:

I like your style.

DENNIS - 12-10-2011 at 02:30 PM

Quote:

Originally posted by Bajatripper
[I don't mind a bit tipping even those whom I don't, by law, have to.

When in Mexico, do as the Mexicans do...and they tip the trash collectors.
I would guess there was a time when the government didn't pay them anything and a tradition was born.

Dave - 12-10-2011 at 03:03 PM

I would rather tip my garbage man than most waiters I've met. :rolleyes:

DENNIS - 12-10-2011 at 03:20 PM

Quote:

Originally posted by Dave
I would rather tip my garbage man than most waiters I've met. :rolleyes:

Or a gas station attendant who won't voluntarily wash my windshield. He gets zippo.

.

[Edited on 12-10-2011 by DENNIS]

KurtG - 12-10-2011 at 03:30 PM

Quote:

Originally posted by Bajatripper

Quote:

Originally posted by RnR

But you are definately not required to make the payment to somebody employed and paid by someone else.

I don't mind a bit tipping even those whom I don't, by law, have to. It won't kill me and often makes a big difference in the day of a local. Must be the socialist in me.

Same here, before our garbage trucks here in California got all automated I would from time to time leave a 6-pack or two by the garbage truck for the guys. They work hard, don't make a lot of money and deserve a little tip. While Christmas is not a religous holiday for me I recognize the secular value of a little generousity at this time of year. I don't know if Kharma actually works but I like to pretend that it does and that good deeds eventually come back around.

ElCap - 12-10-2011 at 03:49 PM

This is what I was told by a small hotel owner in BCS regarding this issue for full-time employees: alguinado is 15 days salary, due by Dec 15. Vacation is 6 days after 1 year, 8 after 2 years, 10 after 3, then 12 days max after 4 years thereafter. All above should be pro-rated appropriately for half-time or other time schedules. Hope that helps.

DENNIS - 12-10-2011 at 03:59 PM

Quote:

Originally posted by ElCap
Vacation is 6 days after 1 year, 8 after 2 years, 10 after 3, then 12 days max after 4 years thereafter. All above should be pro-rated appropriately for half-time or other time schedules. Hope that helps.

This is how it reads:
---------------------------

CHAPTER IV
VACACIONES VACATIONS
Artículo 76. Los trabajadores que tengan más de un
año de servicios disfrutarán de un período anual de
vacaciones pagadas, que en ningún caso podrá ser
inferior a seis días laborables, y que aumentarán dos
días laborables, hasta llegar a doce, por cada año
subsecuente de servicios.
Article 76. Workers who have more than one year of
employment are entitled to an annual paid vacation,
that in no case can be less than 6 working days, 2
working days will be added to this time for each
additional year of employment until reaching 12 working
days.
Después del cuarto año, el periodo de vacaciones se
aumentará en dos días por cada cinco de servicios.
After the fourth year, the vacation period will be
increased 2 days for each 5 years of employment.
Artículo 77. Los trabajadores que presten servicios
discontinuos y los de temporada tendrán derecho a un
periodo anual de vacaciones, en proporción al número
de días trabajados en el año.
Article 77. Workers who work irregularly and seasonal
workers will have the right to an annual vacation period,
in proportion to the number of days worked in a year.
Artículo 78. Los trabajadores deberán disfrutar en
forma continua seis días de vacaciones, por lo menos.
Article 78. Workers must have 6 continuous days of
vacation, at least.
Artículo 79. Las vacaciones no podrán compensarse
con una remuneración.
Article 79. Vacation days cannot be compensated by a
payment.
Si la relación de trabajo termina antes de que se cumpla
el año de servicios, el trabajador tendrá derecho a una
remuneración proporcionada al tiempo de servicios
prestados.
If the labor contract ends before one year of service has
been completed, the worker will have the right to
compensation commensurate to the time worked.
Artículo 80. Los trabajadores tendrán derecho a una
prima no menor de veinticinco por ciento sobre los
salarios que les correspondan durante el periodo de
vacaciones.
Article 80. Workers will have the right to a bonus not
less than 25% of the wages that correspond to the
vacation period.
Artículo 81. Las vacaciones deberán concederse a los
trabajadores dentro de los seis meses siguientes al
cumplimento del ano de servicios. Los patrones
entregarán anualmente a sus trabajadores una
constancia que contenga su antigüedad y de acuerdo
con ella el período de vacaciones que les corresponda y
la fecha en que deberán disfrutarlo.
Article 81. The vacation time must be allotted to the
employee within 6 months following the completion of
one year of employment. Employers will deliver
annually to their workers a record that details their
seniority and based on that record, the corresponding
vacation days and the date in which they must be
enjoyed.

shari - 12-11-2011 at 07:50 AM

I'll NEVER forget the joy and surprise when I was handed an aguinaldo cheque my first year teaching at UABCS university in GN! I had no idea it was in store for me and at that time....boy was I elated to receive a little extra cash to not only buy Sirenita some presents (and some Noche buena) but spread it around a bit too. I LOVE aguinaldos!!!!

and just a teeny reminder to people travelling in baja this time of year....the police definately are more rigourously applying fines for stuff....more cops on the street stopping you so buckle up and have your license on ya, dont do U-turns etc. and do expect to see them asking for cooperation for their party...this is completely normal...just cough up a few pesos for them and you will be fine.

Bajatripper - 12-11-2011 at 01:54 PM

Quote:

Originally posted by DENNIS
Or a gas station attendant who won't voluntarily wash my windshield. He gets zippo.
[Edited on 12-10-2011 by DENNIS]

That's my criteria for tipping gas station attendants, too.

woody with a view - 12-11-2011 at 02:01 PM

Quote:

Originally posted by Bajatripper

Quote:

Originally posted by DENNIS
Or a gas station attendant who won't voluntarily wash my windshield. He gets zippo.
[Edited on 12-10-2011 by DENNIS]

That's my criteria for tipping gas station attendants, too.

yep!

bacquito - 12-11-2011 at 07:12 PM

Quote:

Originally posted by Dave
I would rather tip my garbage man than most waiters I've met. :rolleyes:

My postal delivery person (Carlos) expects a propina for his services about November.

DENNIS - 12-11-2011 at 08:19 PM

Quote:

Originally posted by bacquito
My postal delivery person (Carlos) expects a propina for his services about November.

That borders on ludicrous considering the laughable reputation of the agency.
Do you really receive enough mail through CorreoMex to consider a gift for the postman? That's hard to imagine.

Roberto - 12-11-2011 at 10:01 PM

I work with Mexicanos. They for a Mexican subsidiary, I for the U.S. Company. I can tell you that the Aguinaldo is definitely a requirement in Mexico.

It falls under "profit sharing", also a requirement. The chapter quoted by Dennis is the relevant one.

It has nothing to do with donations during Christmas time.

DENNIS - 12-11-2011 at 10:17 PM

Quote:

Originally posted by Roberto
It falls under "profit sharing", also a requirement. The chapter quoted by Dennis is the relevant one.

It has nothing to do with donations during Christmas time.

Actually, article 87, which I posted above, has to do with the Aguinaldo.

Profit sharing is covered in these articles and they're lengthy, so I won't post them here:

PARTICIPATION OF THE WORKERS IN THE
PROFITS OF COMPANIES,
Articles 117-131

Roberto - 12-12-2011 at 08:37 AM

Quote:

Originally posted by DENNIS
Actually, article 87, which I posted above, has to do with the Aguinaldo.

Exactly, that's what I was saying.

BajaBlanca - 12-12-2011 at 09:22 AM

I love giving aguinaldos and I didn't even realize this is what it was caslled .... we gave the garbage guys a huge aguinaldo this past week since we will be gone soon .... their eyes just popped out of their faces LOL

trust me on this - good kharma is good for all in this sometimes crazy world we live in.

DENNIS - 12-12-2011 at 11:56 AM

Quote:

Originally posted by BajaBlanca
I love giving aguinaldos and I didn't even realize this is what it was caslled .... we gave the garbage guys a huge aguinaldo this past week since we will be gone soon .... their eyes just popped out of their faces LOL

trust me on this - good kharma is good for all in this sometimes crazy world we live in.

What you gave the garbage guys was a propina, or regalo....not an aguinaldo which is mandated by law to be paid by their employer.
What you gave came from the heart. That's why it felt so good.

.

[Edited on 12-12-2011 by DENNIS]

durrelllrobert - 12-12-2011 at 12:00 PM

This was posted on the Punta Banda Bulletin Board this AM:
The aguinaldo must equal 15 days of salary. To calculate the amount for a part-time employee, divide the number of days worked during the year past by 365. Multiply that figure by 15 x the daily salary to determine the amount of the aguinaldo.

Examples:

If you have an employee who works one day a week for $50 pesos:
52/365 x 15 x 50 = $106.85 pesos
________________________________________________
So, if you have part time gardner that works for you 4 hours every other week for $300 pesos you owe him (0.5x52) /365 x 15 x $300 = $320 peso and if he works for others the remaining 4 hours/day and works 6 days/week for the same wages he will be due a total $3,846 pesos
...and of course the "employee" always pays the government taxes on every Aguinaldo he receives.
:yes:

[Edited on 12-12-2011 by durrelllrobert]

Woooosh - 12-13-2011 at 10:24 AM

We tip the garbage guys 50 pesos (total) and a coca-cola for each guy Saturday. They play with our dogs and actually wait for us to come down if we should oversleep. For Christmas we hand EACH of the men 200 pesos each. We will give our house-man two weeks pay. That's it.

[Edited on 12-13-2011 by Woooosh]

DENNIS - 12-13-2011 at 12:19 PM

:lol:

And....what did he give you? Can't say good service. You already paid for that.
Are you concerned that there may develop an "Occupy Woooosh's House" movement if you don't redistribute your wealth? :lol:

Jes Kiddin', Craig. I think you're extremely generous.