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BajaBlanca
Select Nomad
Posts: 13212
Registered: 10-28-2008
Location: La Bocana, BCS
Member Is Offline
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what a nightmare.
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BigOly
Senior Nomad
Posts: 524
Registered: 10-1-2010
Location: Los Barriles, Bandon
Member Is Offline
Mood: Easy Birder
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So,,, if I get this right, even if I have a signed contract with my gardener, who works 3 days/week, 3 hours each of those days, I'm in trouble? The
contract, in Spanish and English states he takes care of his own taxes. I pay him cash for extra things he does and at xmas, no records. I'm not
liking this!
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pacsur
Nomad
Posts: 194
Registered: 8-28-2003
Location: San Jose del Cabo,BCS
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A contract did not work for me, they have to provide you a factura, which means you pay IVA also.
Workers can also file against you a year after leaving.
I have been liquidating all my workers at the end of every year for 10 years now, I've heard too many stories of big payoffs for long time workers,
you have to get signed receipts, as even canceled checks mean nothing.
[Edited on 1-15-2014 by pacsur]
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Bob and Susan
Elite Nomad
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
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Mood: Full Time Residents
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the ONLY way to get a "FACTURA" is to have an "RFC" number...
and for that you need to run a business and be registered with the "hacienda"
otherwise
you just get a "invoice" and that means very little...it's like a store receipt
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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Had domestic help for 4 years. One day a week for 5 hours.
Paid the X mas bonus and vacation pay.
Had a habit of not showing at least once every 2 months.
Quit voluntary to get a job with more hours.
Even got a kiss when she announced her job change.
Took us to the Labor board and after getting paperwork served,
we decided not to take it any further and paid the $300.00 US. severance.
Besides treating her like family, my wife gave her bedding, bicycles and lots of baby clothes for her pregnant daughter.
Thanks for trying to be civil.
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greengoes
Select Nomad
Posts: 10308
Registered: 6-27-2011
Member Is Offline
Mood: Today I slay the Red Dot.
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| Quote: | Originally posted by vandenberg
Took us to the Labor board and after getting paperwork served,
we decided not to take it any further and paid the $300.00 US. severance.
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It's a slam dunk, they will get it every time. Kinda like Mexican UI.
ANUNCIATE AQUI
DISPONIBLE
INFORMES LLAMA SNOWBALL - 646-115-7754
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Gypsy Jan
Ultra Nomad
Posts: 4275
Registered: 1-27-2004
Member Is Offline
Mood: Depends on which way the wind is blowing
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In Answer to Lencho's Question
He did work for us on a very irregular and casual basis - we didn't "hire" him. He showed up at our house and asked if we had something for him to
do.
This "arrangement" went on for about two-to-three years.
Then he started threatening us and broke into our garage to steal the battery out of my car.
It may not surprise you to find out that his cousins, who killed a local merchant by cutting his throat in order to score a measly $1300 pesos from
the cash register, were involved with drugs.
His family was hiding these punks from the authorities and taking care of them.
“Travel is fatal to prejudice, bigotry, and narrow mindedness.”
—Mark Twain
\"La vida es dura, el corazon es puro, y cantamos hasta la madrugada.” (Life is hard, the heart is pure and we sing until dawn.)
—Kirsty MacColl, Mambo de la Luna
\"Alea iacta est.\"
—Julius Caesar
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RnR
Senior Nomad
Posts: 839
Registered: 5-1-2010
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| Quote: | Originally posted by BigOly
So,,, if I get this right, even if I have a signed contract with my gardener, who works 3 days/week, 3 hours each of those days, I'm in trouble? The
contract, in Spanish and English states he takes care of his own taxes. I pay him cash for extra things he does and at xmas, no records. I'm not
liking this! |
In addition to the year end "aguinaldo", there are paid holidays, paid vacation time, and severance pay. Even part time workers are eligible for
these payments. The payments are prorated based on the hours worked vs a full time week.
[Edited on 1-16-2014 by RnR]
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LancairDriver
Super Nomad
Posts: 1599
Registered: 2-22-2008
Location: On the Road
Member Is Offline
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Follow the letter of the law, you can't cover your burro enough. Good info link from Bob and Susan. Your most trusted employee/helper/friend will
throw you under the bus in a heartbeat when they think the chips are down for them for whatever reason. They all know how the system works. The system
on both sides of the border is so slanted against the "employer" you are in for a long expensive uphill battle even in the unlikely event that you
win.
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RnR
Senior Nomad
Posts: 839
Registered: 5-1-2010
Member Is Offline
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This thread is also discussing two different topics, albeit related.
What I posted above are some of the labor laws. (From the green book) Or, payments that are made directly to the worker.
The other, original, topic dealt with taxes paid on the workers behalf. These are paid by the employer directly to the government agencies.
The employee can not sue for the taxes, only for his wages and associated payments. The government agencies can sue for the taxes! (Especially if
the disgruntled worker tips them off.....)
The government agencies are actually easier to deal with. They tell you what you owe, add on the fines, and present you with a bill. Then you pay
it.
The labor claims from the employees involve a court hearing or negotiated settlements and can drag on and on.
[Edited on 1-15-2014 by RnR]
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Bob and Susan
Elite Nomad
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
Member Is Offline
Mood: Full Time Residents
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the work week is NOT 40 hours but 48 hours
Law sets forth a maximum of 48 hours per week as the amount of hours a laborer can work without going overtime
A normal work week is 6 days
There are 3 work shifts
day shift (8 hours)
night shift (7hours) extra pay
mixed shift (7 1/2hours )
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