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irenemm
Senior Nomad
Posts: 623
Registered: 7-16-2009
Location: vicente guerrero, baja
Member Is Offline
Mood: relaxed
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mitchman you pretty much right
had a girl steal some stuff from me she confessed on a video it is not legal she won the suit in baja north. ended up paying her equal to 2000. dlls
because she counter sued us for slander . we won in san quintin but lost in enseanda lat due to fog by 3 minutes.ensenada is a large county if you
win against the employee say in san quintin they have the right to take it to enseanda as that is the county office. if you win in ensenada the
employee still has the right to take it to mexicali the state capitol. during this you can not have a lawyer just them as the law looks at it as you
being the boss or owner of the business you have lots of money to defend yourself and they do not and you can get a better lawyer then them.
had someone else admit he took something we where told may it easy on your self pay them off now. your trips and time to do this cost.
you can take your contract to the delagado office for witness. it must be in spanish. have another witness mexican sign it also. they do have to
prove that they worked for you. we had a contractor do a really poor job have not seen him since the job was done and really don't want to see him
again
check out some of the work and some of the people they have worked for. most try to do a really good job for the gingos because they know it needs to
be done right to get another job with another gingo. gingos pay better than the mexicans. they want it done faster.
if when you pay them you include all the extra in the daily pay it should state that. if they make a certain amount then you must keep taxes and pay
that for them. you can also take your changes too. how did a job and how long will it take.
good luck
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rob
Senior Nomad
Posts: 509
Registered: 10-19-2004
Location: Pacific Coast, BCS
Member Is Offline
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| Quote: | Originally posted by MitchMan
The only way I can think of is to structure a receipt as I described above wherein the payee signs and acknowledges that the only payment they ever
recieved is reflected in the current and cum-to-date amounts on the receipt. |
. . .and even that will not be sufficient if the employee files against you.
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
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I was told by some Mexican friends that almost no one will work for the legal minimum wage. If a worker is unsatisfactory, inform them that in the
future you will only pay minimum wage. 99.9% will quit. Make sure you've kept up on the SS payments.
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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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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Never leave to a Mexican worker that which you can do yourself. If you don't know how to do it, buy a freakin' book.
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
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A lot of people I know will pay a worker the minimum wage with the associated seguro and taxes on the books then pay them the rest of their wages in
cash under the table.
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MitchMan
Super Nomad
Posts: 1856
Registered: 3-9-2009
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Dennis, not to be overly fastidious, but I think that an American foreigner can't do their own work, legally. Personally, I have a big block fence
all around my baja house and do my own work "out of site". I agree with you, if you can do it yourself, you'll be better off.
Rob, are you implying that there is no way at all to pay these people following the law and still not be protected? If I come to the determination
that there is no way on earth by following reasonable and legal procedures and thereby avoid having to pay off these people based on bogus claims and
lawsuits (as stated above, you, as the American defendent, can not have a lawyer defend/represent you in Mexican court!), then I will rethink my
entire presence in Mexico immediately.
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BajaNuts
Super Nomad
Posts: 1085
Registered: 5-11-2008
Location: eastern WA, the DRY side
Member Is Offline
Mood: no worry, no hurry....it's all good!
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| Quote: | Originally posted by MitchMan
Dennis, not to be overly fastidious, but I think that an American foreigner can't do their own work, legally. Personally, I have a big block fence
all around my baja house and do my own work "out of site". I agree with you, if you can do it yourself, you'll be better off.
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WHAAAAT?!? Why in the world would you not be able to do your own work? Taken to the extreme, then theoretically, you wouldn't even be able to do
your own housework, cooking, etc.
I know there's stuff about hiring yourself (as a foreigner) out and getting paid to do work a Mexican can do, you can't take business away from the
locals, but not being able to work on your own place? That just doesn't seem possible, even for Mexico.
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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 MitchMan
Dennis, not to be overly fastidious, but I think that an American foreigner can't do their own work, legally. |
Sorry, Mitch, but that's just plain wrong. You can do as you please on your property. Now....if you want to go across the street and build your
neighbors fence, you could have a problem. That is if there's a predatory government dip-sht hiding in the bushes.
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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 can always work on your own place. Just don't have your neighbor come over to help you. You both will be in trouble if you get caught.
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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BajaNuts
Super Nomad
Posts: 1085
Registered: 5-11-2008
Location: eastern WA, the DRY side
Member Is Offline
Mood: no worry, no hurry....it's all good!
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| Quote: | Originally posted by bajalou
You can always work on your own place. Just don't have your neighbor come over to help you. You both will be in trouble if you get caught.
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Even if it's just a neighbor helping neighbor and no money changes hands?
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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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Yes - Your own property - that's all anyone can work on.
That said, getting caught is rare. But Immigration does make sweeps through areas from time to time.
[Edited on 7-29-2009 by bajalou]
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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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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| Quote: | Originally posted by BajaNuts
Even if it's just a neighbor helping neighbor and no money changes hands? |
Yes...but, to follow that to the letter would be to quit an important part of living. We can't, regardless of these constrictive laws, deny a
neighbor or friend a hand when it's time to give one. If that were the case, it would only give me one more reason to believe I made a mistake
moving here.
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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 bajalou
That said, getting caught is rare. But Immigration does make sweeps through areas from time to time.
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It probably wouldn't be the random sweep through the neighborhood. It would more likely be the worker down the street who knows he has the power of
unqualified accusation who dropped the peso on you. Some areas are worse than others and Lou is right......it doesn't happen often. Not in my area
anyway.
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MitchMan
Super Nomad
Posts: 1856
Registered: 3-9-2009
Member Is Offline
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Thanks Dennis and BajaNuts for the responses.
I thought that you couldn't do your own construction work on your own house because, on a couple of occasions, when talking to Mexicans about doing my
own work and construction on my own lots in Loreto, they said that that was not legal and that I could get into trouble and be subject to huge fines
unless I secured certain work permits/permissions. One of these people was a well respected Loreto realtor (recently deceased) and the other is a
Loreto accountant who has done work for me in the past.
I believed them. But if you guys are right and they are wrong, then I guess I can begin visible construction on that cinder block wall I want around
the lots and not experience any repercussions with regard to my doing the labor out in the open.
I wonder if the American owner of a Mexican Corporation (99% ownership interest in the corp) can do construction labor himself out in the open on the
baja lots owned by the Mexican corporation so long as there are no other Mexican employees employed by the corp, just the 99% owner wherein the 99%
owner doesn't draw a salary?
[Edited on 7-29-2009 by MitchMan]
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BajaNuts
Super Nomad
Posts: 1085
Registered: 5-11-2008
Location: eastern WA, the DRY side
Member Is Offline
Mood: no worry, no hurry....it's all good!
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OK- let's muddy the waters even further.
You are working on your own project on your own property and an American friend comes down on vacation to visit you and does some work. No money
changes hands. Are you in trouble for not hiring a Mexican to do the work?
I suppose if anyone ever asks, you could claim they are family.
[Edited on 7-29-2009 by BajaNuts]
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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The law has no restriction for you to work on your property. Your friend isn't you. Neither is your brother.
The authorities arn't there to give you the benefit of any doubt so, the "I didn't pay him" thing won't work.
Just do what you want to do without making a spectacle of it all and you'll be alright. If the police jump out of the bushes and yell at your friend
for helping you paint your garage, claim stupidity.
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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 bajaeng
Instead of firing, it may be easier to frame them for a crime and get them arrested |
I hope you're kidding about that. Just when I'm feeling rightously indignant about the predatory labor laws in Mexico, I see this.
What is it? If you can't beat 'em...join 'em?
I know you were kidding.
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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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| Quote: | Originally posted by MitchMan
I wonder if the American owner of a Mexican Corporation (99% ownership interest in the corp) can do construction labor himself out in the open on the
baja lots owned by the Mexican corporation so long as there are no other Mexican employees employed by the corp, just the 99% owner wherein the 99%
owner doesn't draw a salary?
[Edited on 7-29-2009 by MitchMan] |
The work that the owner of a Mex. Corp. can do MUST be specified in the papers filed with Immigration. Had a friend who had a restaurant and had to
go back and get permit to cook, original papers said he was a overseer. Whatever you want to do has to be specified.
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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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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| Quote: | Originally posted by bajaeng
of course I'm kidding ... just feeling frustrated ... I have a slug that I need to can, but it will cost me about $7k to do so
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Pesos or dollars?
How could he be that far into you? I don't get it.
Anyway, it'll only get worse.
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irenemm
Senior Nomad
Posts: 623
Registered: 7-16-2009
Location: vicente guerrero, baja
Member Is Offline
Mood: relaxed
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The best way to get rid of someone is to make changes the the business that they will not like. we had a waitress who took to to labor board 2 times.
So I was going to put her into uniform that she would not like she left only had to pay what was due. nothing more.
we have slugs to what is job description? look in labor law book have someone explain it to you if you do not read spanish. if they had taken upon
them selfs to do other things that that is part of the job. how long has this person worked for you?
You need to be careful because they will sue you and you could win but still lose
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