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Leo
Senior Nomad
Posts: 518
Registered: 9-23-2004
Location: Todos Santos
Member Is Offline
Mood: could be better
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getting rid of your gardener
Has anyone experience with firing a part-time gardener that does not work out?
What is the best mode of action, does it need the offical FINIQUITO forma and how to calculate it?
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BajaBlanca
Select Nomad
Posts: 13242
Registered: 10-28-2008
Location: La Bocana, BCS
Member Is Offline
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Shari wd probably be the best person to ask ... she has tons of experience.
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mcfez
Elite Nomad
Posts: 8678
Registered: 12-2-2009
Location: aka BN yankeeirishman
Member Is Offline
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Well......I being a Landscaper....one says "YOUR FIRED"!
Just make sure your time card hours jingle with his time card hours.....and pay the few extra hours that he/she may claim to have. Cheaper that way to
rid them than dealing with a worker's panel.
Old people are like the old cars, made of some tough stuff. May show a little rust, but good as gold on the inside.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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Tell him to get effing lost. Assuming you've paid him, you owe him nothing.
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David K
Honored Nomad
Posts: 65410
Registered: 8-30-2002
Location: San Diego County
Member Is Offline
Mood: Have Baja Fever
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Start acting crazy... make him want to quit!
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DavidE
Ultra Nomad
Posts: 3814
Registered: 12-1-2003
Location: Baja California México
Member Is Offline
Mood: 'At home we demand facts and get them. In Mexico one subsists on rumor and never demands anything.' Charles Flandrau,
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I don't know about joking around; just tell him that you have had a "financial setback (him)" and not go into the details. Tell him he was wonderful
and you are very upset about having to let him go, but "What can I do?" Intelligent people don't make unnecessary enemies. My old axiom is: one enemy
offsets a hundred friends.
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Russ
Elite Nomad
Posts: 6742
Registered: 7-4-2004
Location: Punta Chivato
Member Is Offline
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I am a firm believer of honesty. Explain what it is you are not satisfied with and that you already have someone that will do the job. Ask him what is
owed and settle up with him. I know that isn't the easiest but doesn't cause problems later with other workers in the area you may want to use.
Bahia Concepcion where life starts...given a chance!
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mcfez
Elite Nomad
Posts: 8678
Registered: 12-2-2009
Location: aka BN yankeeirishman
Member Is Offline
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| Quote: | Originally posted by Russ
I am a firm believer of honesty. Explain what it is you are not satisfied with and that you already have someone that will do the job. Ask him what is
owed and settle up with him. I know that isn't the easiest but doesn't cause problems later with other workers in the area you may want to use.
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Yes.
Old people are like the old cars, made of some tough stuff. May show a little rust, but good as gold on the inside.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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Raise Rattlesnakes in the Rose bushes.
Put hidden speakers in the Petunias that scream with pain when he clips them.
Have your trees talk to him.
Tighten the wheels on your lawnmower.
Plant Poisen Ivy all around your house.
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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
Member Is Offline
Mood: must be 5 O'clock somewhere in Baja
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Hide an INS Agent in your hedge
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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 bajaguy
Hide an INS Agent in your hedge |
I thought this was a Baja dilema. 
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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
Member Is Offline
Mood: must be 5 O'clock somewhere in Baja
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Equal opportunity advice 
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
Member Is Offline
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If you have had him any time at all, and you fire him, you may find yourself dealing with the social security system so by all means go through the
Finiquito form and keep copies. You still may end up paying a month or two and some of the Aguinaldo (Christmas Bonus), but it should end up being an
actually terminated employment. A lot will depend on how well informed this person is of the system (which always greatly favors the worker) and what
they think they can get out of it.
I had a friend here in the small village where I live who had a gardner who watered (when she would come to work, which was infrequent) and when she
could not take it any longer, she fired the woman, who actually got an allowance of two months salary and a full aguinaldo. Luckily the woman was
moving out of town and just left so it became a moot point.
In the governments eyes, if the person comes on a regular basis for a certain period of time then that employee has certain rights and you need to
be aware of those rights.
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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How about housekeeping help, 5 hours a week for several years, whom, after she quit, took us to court/mediator, and stuck us for $300.00. Never mind
the many times she didn't show or all the goodies we provided and the christmas/easter bonuses. ( baby clothes, bikes, beds, shoes and clothing ).
Beat the other cases we know about, where after fighting it in court, ended up thousands in the hole.
Be aware !!
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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I don't believe that intermittant workers are entitled to the benefits of full-time employees. Basically, you hire them for the day or for the job.
Same with your house keeper. If that were not the case, you would have to pay benefits to every person who did anything for you, such as fix your flat
tire or wash your car.
The labor authorities will side with the employee in some cases to squeeze an employer only because they know they can get away with it. Especially a
foreigner who is basically defenseless
I'm not suggesting the issue should escalate to the point of lawyers etc, but right or wrong, the government has nothing to lose. It's just a residual
of the days of rampant power abuse.
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Russ
Elite Nomad
Posts: 6742
Registered: 7-4-2004
Location: Punta Chivato
Member Is Offline
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I had a gardener that wanted a raise and I asked him it he thought he deserved more that the house cleaner that actually worked. Of course he was
insulted and quit when I refused to pay him what he wanted.
Bahia Concepcion where life starts...given a chance!
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
Member Is Offline
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Pesador's and Vandenberg's stories have stuck with us and we think about them whenever we hire anyone to do any work.
We used to think that occasional workers were different that full time workers.
Curious as to what the law actually says---for whatever that is worth. 
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Alan
Super Nomad
Posts: 1628
Registered: 4-6-2005
Location: Yucaipa, CA/La Paz
Member Is Offline
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| Quote: | Originally posted by DianaT
Curious as to what the law actually says---for whatever that is worth.
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I think you hit the nail squarely on the head here. As most everything in Baja I assume it depends upon
the specific interpreter on that specific day, subject of course to the ambient climatical condition and it's relation to the current lunar phase.
[Edited on 1-21-2011 by Alan]
In Memory of E-57
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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Yeah...don't ever think the actual wording of a law has anything to do with reality as it is down here. It seems that any agency or functionary
thereof can do as he pleases and if backed into a corner through an expensive defense, only has to back off without so much as a wrist slap.
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longlegsinlapaz
Super Nomad
Posts: 1685
Registered: 11-18-2005
Location: La Paz
Member Is Offline
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Habla Ingles??
http://www.rollybrook.com/employee-pay.htm
http://www.rollybrook.com/labor_law.htm
Habla Espanol?? Here's the official website:
http://www.diputados.gob.mx/LeyesBiblio/pdf/125.pdf
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