paul r
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Registered: 4-18-2004
Location: San Luis Obispo/ La Mision
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employee "final settlement" question
hi gang, I have a question about settlement compensation for a gardener that worked for us and last year died. I know that the government provides
means for employees to get fair compensation for years of service. My question is, does anyone know of a "formula" or the "rules" for this? Years ago
we had a "short education" on the subject, where our neighbor handled this for another employee. Thanks for your help.
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DENNIS
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If he was a regular employee...full time......you should have been paying into his Social Security fund regularly and that's a job for SS. From then
on, its all in their hands.
If he was an intermittent worker, one day each week for instance, he was an independent contractor and on his own.
Again...if he was a full time employee, and you haven't been paying into his SS fund, you might be opening a big can of worms for yourself. If that's
the case, I'd begin by hiring an attorney so it doesn't get out of hand.
[Edited on 6-27-2015 by DENNIS]
"YOU CAN'T LITTER ALUMINUM"
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BajaNomad
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Thread Moved
6-27-2015 at 04:52 PM |
Bob and Susan
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Mood: Full Time Residents
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best info is here...
http://rollybrook.com/employee-pay.htm
copy it as rolly passed this year...a real adventurer
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DENNIS
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It should be kept in mind that the Mexico government is "Pro-worker" to a fault when interpreting laws and regulations...especially when foreigners
are involved. What one person says may not be what you hear from another.
Question here is, what was this man's status with you? Was he a full time worker, or occasional gardener?
Stories are common of businesses, such as restaurants, working a person for a specified amount of time, then laying him off for a day or two to avoid
having him classified as a regular employee.
It's a nebulous situation.
The only time I've ever heard of an employer owing an employee a sum of money was when the SS payments were withheld, and grew to a sizable amount.
The employer used the money for his wife's illness and the employee had him over a barrel. Called his own shots on the job as well as came and went
as he pleased.
In the end, the debt had to be paid.
"YOU CAN'T LITTER ALUMINUM"
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paul r
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Posts: 160
Registered: 4-18-2004
Location: San Luis Obispo/ La Mision
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Dennis and Bob, thanks for your input, the gardener worked four hours on Saturday for about 20/30? years, he was a beautiful guy and did a few other
things once in a while, Dennis your right on the money, with the "looseness" of the rules and the cultural differences that sometimes get ran over
for, "different" reasons. Any input is appreciated! Thanks again... Have fun...
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DENNIS
Platinum Nomad
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Paul...you have no further financial obligations toward this man. If you feel like gifting his widow or family, that is up to you. Don't listen to
anyone who tells you otherwise.
"YOU CAN'T LITTER ALUMINUM"
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