BajaNomad

Paying benefits

Hooker33 - 2-15-2015 at 07:33 AM

Can anyone enlighten me regarding the Mexican law in hiring a house keeper once a week for three or fours. We have a HOA president who insists that we have to pay all benefits regardless of the hours or days employed. I have no problem paying the benefits if required to do so.

Bob and Susan - 2-15-2015 at 08:25 AM

the best posted info is still here...

http://rollybrook.com/employee-pay.htm

he has labor law too if you look thru the website
he's quite a guy

Alan - 2-15-2015 at 10:50 AM

I just assume it is just like everything seems to be in Mx in that it is strictly up to interpretation by the person being asked. After once being found ultimately liable for an employee dispute our HOA decided to stay as far away as possible from hiring an employee because of the subjectivity of the law. In this instance the court deemed the property manager, the janitor and the security personnel were all employees of the HOA. After that we instead contracted with a property management company with an contract that specifically stated all services were contractual and did not constitute employment . The property management company in turn contracts with other companies to provide service. Ie: a janitorial service to maintain the grounds and a security service to provide night watchmen.

[Edited on 2-15-2015 by Alan]

Bruce R Leech - 2-15-2015 at 02:15 PM

why would anyone move to Mexico to a place with a H.O.A.?

LOSARIPES - 2-15-2015 at 05:08 PM

That emp prob works for 3, 4,5 more employers. Who pays for soc sec? Who pays for other benefits as housing fund (infonavit), who retains and reports taxes? Nobody. These employees are in the "informal" side of the Mexican labor spectrum. It has never been fully defined as to who assumes all these responsabilities. My adv is to have the HOA mgr provide the service with one of his employees, preferably rotating them so as to avoid "seniority" rights... it is true... this here, it all depends on who you adk. Perhaps a lawyer wants to shed some light...?

Bajahowodd - 2-15-2015 at 05:26 PM

Quote: Originally posted by Bruce R Leech  
why would anyone move to Mexico to a place with a H.O.A.?


I'm guessing because they feel more secure. Give them credit for moving to Mexico.

DENNIS - 2-15-2015 at 05:34 PM



Pay her the wage she agrees to work for and no more, unless you want to just give her a gift.

Actually, she's a big part of the problem already, and will continue to be just that. Get rid of her.

She's an independent contractor by choice. Give her ultimate independence and say adios.

Tell that HOA president to go eff himself and stay out of your business.

Where is this?




.

[Edited on 2-16-2015 by DENNIS]

HOA

Hooker33 - 2-16-2015 at 07:47 AM

Sr. Leech, Post hurricane Odile we were burglarized and we lost most of our possessions including our car. Sold our home, and we now have a new home in a secure gated community. We feel safer and will continue to enjoy our lives here in Baja, the HOA not withstanding.

Russ - 2-16-2015 at 08:15 AM

HOA's can be a lot of things depending on how their charter is written up. I have not joined ours here in Punta Chivato yet but donate directly to some of the things they do for our community. Being a member is by choice and they don't tell anyone what has to be or how to do anything.
Sponsored event and fund raisers have made a huge difference in helping people and organizations in need. The issue of what an individual employer is responsible for regarding hired held has not been addressed as far as I know but maybe something a HOA could look into. Just to inform the members and others of what to expect. The way our is set up is a good thing.

Alan - 2-16-2015 at 09:29 AM

Quote: Originally posted by Bruce R Leech  
why would anyone move to Mexico to a place with a H.O.A.?
Because everyone's needs and priorities are different. It came as a big surprise to me but a condo fits my needs perfectly. I own my own home NOB and with it I have a constant supply of honey-do's. A condo allows me to enjoy my time SOB rather than spending it maintaining a home. 20years ago I broke down on the highway near Catavina on my way home from BoLA. A guy stopped to offer assistance and it turned out he lived within about 15 miles of me NOB. He told me he had a place in BoLA. I commented he was living my dream to have a place in BoLA and be able to fish every day. He replied that he wouldn't know. He spends all his time now working on his house. I was reminded of that meeting 10 years later when I purchased in La Paz.:lol:

bledito - 2-16-2015 at 05:46 PM

Yes, get rid of her, maybe flog her, or tar and feather her, send her packing she's part of the problem. A person willing to work for a probabally fairly low wage. Then when she has no means of support she can return to break in some where, trying to survive, get arrested and do 5 years in prison. What difference is there in sweeping a floor at costco or your home. Costco surley pays the social security and provides the benifits.Perhaps one would be better to ask, inquire how to go about paying these benifits and social security and then do so. Independant contractors are required to pay social security on thier earnings. Sounds like some folks just want to avoid the addition cost, be cheap, and feel good that they got a break, not pay, then get all bent when they realise they needed to all along when that worker puts in a claim or complaint to social security.

DianaT - 2-16-2015 at 05:57 PM

Quote: Originally posted by Hooker33  
Can anyone enlighten me regarding the Mexican law in hiring a house keeper once a week for three or fours. We have a HOA president who insists that we have to pay all benefits regardless of the hours or days employed. I have no problem paying the benefits if required to do so.


Please read the first post on page 2 of this thread. You don't need to read the entire thread, but the first post on page 2 is quite informative as to some reality. While it addresses severance pay, that is all just a part of the benefits.

http://forums.bajanomad.com/viewthread.php?tid=40304&pag...

What the law may say and what the courts may decide for the workers might just not be the same.

I know people in one settlement who share the same housekeeper and other workers and they together make sure all the benefits are paid even thought she technically could be classified as an independent contractor.

Besides, they deserve the benefits






[Edited on 2-17-2015 by DianaT]