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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
Member Is Offline
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If you have been paying the gardener under the table, be careful, he can report you to IMSS and you will be required to pay back seguros, aguinaldos,
and penalties.
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
Member Is Offline
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| Quote: | Originally posted by vandenberg
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.
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That's it?
You should get down on your knees and thank the Lord you got off so cheaply.
Seriously.
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
Member Is Offline
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| Quote: | Originally posted by Alan
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] |
 But it is
what it is!
Thanks longlegs for the links.
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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| Quote: | Originally posted by Dave
| Quote: | Originally posted by vandenberg
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.
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That's it?
You should get down on your knees and thank the Lord you got off so cheaply.
Seriously. |
Not really. According to the law, when a domestic worker quits voluntarily, no severance pay is required. And the vacation pay and christmas bonus was
taken care of.
So a $300.00 ripoff. But too difficult to fight without a major hassle.
This, according to LL post:
"If the employee quits voluntarily, termination pay is not required."
Like my previous post stated: Beware !!
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
Member Is Offline
Mood: undecided
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Always did my on gardening, but I quit, too much work.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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People come to Mexico with education, generosity and a desire to understand, and they're confronted, no.... overwhelmed with the threats of a
toilet cleaner which are backed up by a government agency?
Gimme a freakin break.
Have them sign a contract at the start of their employment...weekly...if that's what it takes.
Or...let your toilet cleaner run your life. Give her your checkbook and credit card.
You are no longer in charge.
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
Member Is Offline
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No argument here
| Quote: | Originally posted by vandenberg
Not really. According to the law, when a domestic worker quits voluntarily, no severance pay is required. And the vacation pay and christmas bonus was
taken care of.
So a $300.00 ripoff. |
Just about the price. I've never gotten out of a labor dispute for less than a couple K. $300 seems petty considering you could get a 1/2 dozen
hookers for about the same money. 
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
Member Is Offline
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| Quote: | Originally posted by DENNIS
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. |
One of the traps that a lot of Mexico transplants fall into is the thinking that Mexico is just like the US only cheaper. One of the reasons that
business is so hard to develop and keep going is the underlying philosophy of the government of Mexico which is very liberal and Philosophic in nature
and tends to think that taking the case of the worker instead of the person doing the hiring will mean that things always end up helping the worker.
The only problem with that is that it has a tendency to "Kill the Golden Goose That Laid the Egg" and makes small business a real nightmare of snares
and traps that catches the unaware by the "Short Hairs" and completely unprepared for the consequences of doing business in a country that is not very
responsive to helping the small business man.
Witness the current law of banking that was set up to stop all of the money laundering which prohibits you putting more than $4,000 dollars US in
your Mexican account during any given month and paying a 3% tax on all deposits after $15,000 pesos ( about $1,200 US) . I know a business person
locally who has to do an extra 5% each month just to pay this tax which was only set up to effect the money laundering, but which makes a great impact
on their income since a lot of accounts come from US dollars which must be deposited. When this same person had to finally let go an employee who did
not show up to work and refused to work on the evenings that she was needed, the government actually fined the business owner $3,000 US for
termination.
So when you are wondering, like I do at times, why there is not more small business in Mexico, you might look a little more closely at how
restrictive it might be to do business in Mexico. As long as you are able to do it yourself and not get involved in hiring others, you might find it
possible to do, but things go sideways rather quickly when you try to hire someone else to assist you.
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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 Pescador
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I think you pretty much said what I had said. I usually use fewer words to make a point.
Can't be assured to this point to thank you or jump down your effing throat.
I'll do my best to figure it out.
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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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Oh you guys and gals. I am impressed with all your responses and if we would live in a perfect world and had prices to award, I would do it as follows
;
Dennis; double winner, one for most cynical (toilet cleaner) and one for funniest (rattle snakes)
Mcfez; for most straight forward.
Monoloco; for most suspicious, under what table?
Alan; most realistic; outcome depending on so many variables.
Vandenberg; saddest. I researched the subject in the Nomad history and saw your story of being hit on this before.
B.Blanca; most useful
So far I have only been inquiring what my options are before 'the actual firing' and he has not shown up for work this week.
The grass is always greener....
and so, there is always a better spot in Baja
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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| Quote: | Originally posted by Dave
| Quote: | Originally posted by vandenberg
Not really. According to the law, when a domestic worker quits voluntarily, no severance pay is required. And the vacation pay and christmas bonus was
taken care of.
So a $300.00 ripoff. |
Just about the price. I've never gotten out of a labor dispute for less than a couple K. $300 seems petty considering you could get a 1/2 dozen
hookers for about the same money. |
Charlie Sheen know about this ?
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Salsa
Nomad
Posts: 180
Registered: 2-4-2003
Member Is Offline
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| Quote: | Originally posted by DENNIS
People come to Mexico with education, generosity and a desire to understand, and they're confronted, no.... overwhelmed with the threats of a
toilet cleaner which are backed up by a government agency?
Gimme a freakin break.
Have them sign a contract at the start of their employment...weekly...if that's what it takes.
Or...let your toilet cleaner run your life. Give her your checkbook and credit card.
You are no longer in charge. |
OR...
Stay up North and give THE GOVERNMENT your checkbook and credit card.
You are no longer in charge.
Don
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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 Leo
Oh you guys and gals. I am impressed with all your responses and if we would live in a perfect world and had prices to award, I would do it as follows
;
Dennis; double winner, one for most cynical (toilet cleaner) and one for funniest (rattle snakes)
Mcfez; for most straight forward.
Monoloco; for most suspicious, under what table?
Alan; most realistic; outcome depending on so many variables.
Vandenberg; saddest. I researched the subject in the Nomad history and saw your story of being hit on this before.
B.Blanca; most useful
So far I have only been inquiring what my options are before 'the actual firing' and he has not shown up for work this week. |
Why does DENNIS always win?
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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Leo
Senior Nomad
Posts: 518
Registered: 9-23-2004
Location: Todos Santos
Member Is Offline
Mood: could be better
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because of his humor?
"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. "
I hadn't laughed so much for a long time when I read that.
BTW 'HE' showed up today and worked very hard. Now what?
The grass is always greener....
and so, there is always a better spot in Baja
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
Member Is Offline
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You might find out what the required minimum wage for a gardener is. Then drop his pay to that and many times the employee will quit rather than work
for less. I've heard of businesses around here doing that.
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
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Lobsterman
Super Nomad
Posts: 1815
Registered: 10-7-2008
Member Is Offline
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You're gonna have to learn how to play with the cards you're dealt. I sense a bit of sentiment in your reply.
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oldlady
Banned
Posts: 1714
Registered: 10-31-2005
Location: BCS
Member Is Offline
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| Quote: | Originally posted by Leo
BTW 'HE' showed up today and worked very hard. Now what? |
Ask him what his user name is on Baja Nomad. 
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krafty
Super Nomad
Posts: 1052
Registered: 8-23-2010
Member Is Offline
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Neighbor had a housekeeper for a couple of years who she suspected of stealing-stuff, not money. Well, she let her go and ended up having to pay an
additional $1500 dollars thru the govt.. BE CAREFUL
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motoged
Elite Nomad
Posts: 6481
Registered: 7-31-2006
Location: Kamloops, BC
Member Is Offline
Mood: Gettin' Better
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getting rid of your gardener ???
Call Jimmy.....and .....
(a Canadian solution):
http://www.youtube.com/watch?v=iIgae18pxzs
Don't believe everything you think....
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
Member Is Offline
Mood: undecided
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Getting rid of a lazy employee that doesn't do what he/she is paid to do is a problema? OK???
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