CaboMagic
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Employing Mexicans - Domestic and/or Non Domestic
This is a topic and subject asked about here and there .. there is a post in the Baja Home Building Forum on this by Janzie and TheOtherOne posted a
website with extensive information that I thought warranted a position on this more popularly read forum.
And I still offer the idea that a lot of the information presented is open to interpretation and subject to significant one-sided-ness when/if one is
faced with the dreaded Labor Law Court System.
Here is the website: http://yucalandia.com/answers-to-common-questions/labor-law-...
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durrelllrobert
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Mood: thriving in Baja
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Quote: Originally posted by CaboMagic  | This is a topic and subject asked about here and there .. there is a post in the Baja Home Building Forum on this by Janzie and TheOtherOne posted a
website with extensive information that I thought warranted a position on this more popularly read forum.
And I still offer the idea that a lot of the information presented is open to interpretation and subject to significant one-sided-ness when/if one is
faced with the dreaded Labor Law Court System.
Here is the website: http://yucalandia.com/answers-to-common-questions/labor-law-... |
using that formula for the Xmas bonus
my Gardner that only works 4 hours EVERY OTHER WEEK is only entitled to a bonus equal to 0.228 of his 4 hour pay. That just ain't right!
Bob Durrell
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DENNIS
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He's an independent, occasional contractor, entitled to nothing other than his pay as usual.
"YOU CAN'T LITTER ALUMINUM"
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durrelllrobert
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..but we both know that we give him a lot more.
Bob Durrell
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Katiejay99
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Mood: it is what it is
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Dennis - I have seen those "occasional, independent contractors" go to the labor court, sue and win incredible amounts of money when they are fired if
not fired correctly. They expect an alginaldo (Christmas bonus) every year and they highly resent it if not given one (either in money or gifts).
It seems that, at least in these parts, if you have ANY worker who returns on a regular basis every week (or two weeks) for more than 3 months, they
are entitled to all the benefits and rules of a normal daily worker. At least the courts here have shown that to be true.
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DENNIS
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| Quote: Originally posted by Katiejay99 | Dennis - I have seen those "occasional, independent contractors" go to the labor court, sue and win incredible amounts of money when they are fired if
not fired correctly. They expect an alginaldo (Christmas bonus) every year and they highly resent it if not given one (either in money or gifts).
It seems that, at least in these parts, if you have ANY worker who returns on a regular basis every week (or two weeks) for more than 3 months, they
are entitled to all the benefits and rules of a normal daily worker. At least the courts here have shown that to be true. |
Well......seeing as though the government and their agencies are pro-labor to a fault, I would say your friends got caught up in abusive
interpretation of the law in which case, they should have hired a lawyer.
I am actually worn out trying to make this point over time so I invite everybody to do what I did, and buy a copy of the labor laws in English.
Here's a link to Glen McBrides site:
http://www.mexicanlaws.com/STPS/laborlaw.htm
"YOU CAN'T LITTER ALUMINUM"
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CaboMagic
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Dennis thanks for your post .. please see your u2u
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CaboMagic
Super Nomad
Posts: 1109
Registered: 4-30-2005
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Dennis my u2u function is not operating .. would you try u2u me please
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DianaT
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| Quote: Originally posted by Katiejay99 | Dennis - I have seen those "occasional, independent contractors" go to the labor court, sue and win incredible amounts of money when they are fired if
not fired correctly. They expect an alginaldo (Christmas bonus) every year and they highly resent it if not given one (either in money or gifts).
It seems that, at least in these parts, if you have ANY worker who returns on a regular basis every week (or two weeks) for more than 3 months, they
are entitled to all the benefits and rules of a normal daily worker. At least the courts here have shown that to be true. |
I have also heard the same type of stories even when the part time worker quits ---one story about a house keeper was posted here a few years ago and
the housekeeper quit on good terms, but then went to the labor court and won all the benefits etc.
Like other things, I think sometimes the courts decide labor laws as they go.
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CaboMagic
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Hi DianaT yes - and money talks .. utter disregard of obvious ('casual employee' fired for theft and forgery is given the two thumbs up pass by Labor
board) .. and, as mentioned by Katiejay99, "at least the courts here..etc .. so I too wonder if there may also be a regional issue .. I prefer not
to air dirty laundry in public, but our experience showed us more than just the interpretive side of corruption .... and changed our ways of doing
things ..
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