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JESSE
Ultra Nomad
Posts: 3370
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| Quote: | Originally posted by Dave
| Quote: | Originally posted by JESSE
They can collect the equipment in your business. |
I don't own it. Owned by a separate corporation that leases to me. |
Isnt spending the next 2 years fighting to get the equipment back from them, the same as losing it?
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Dave
Elite Nomad
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They wouldn't get out the door with it
| Quote: | Originally posted by JESSE
Isnt spending the next 2 years fighting to get the equipment back from them, the same as losing it? |
They can only take listed assets owned by the owner/business. I have a friend who's been through the process.
The only thing I own is a lease. They're welcome to it.
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JESSE
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| Quote: | Originally posted by Dave
| Quote: | Originally posted by JESSE
Isnt spending the next 2 years fighting to get the equipment back from them, the same as losing it? |
They can only take listed assets owned by the owner/business. I have a friend who's been through the process.
The only thing I own is a lease. They're welcome to it. |
Its not about who takes what, its about them not letting you or anybody take anything from the property, they can drag this process for ever and not
even the Coca Cola guys will be able to get their refrigerators back until its over.
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Dave
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OK, let me rephrase
| Quote: | Originally posted by JESSE
Its not about who takes what, its about them not letting you or anybody take anything from the property, they can drag this process for ever and not
even the Coca Cola guys will be able to get their refrigerators back until its over. |
No authority can place a lien or take property that you or your business doesn't own to satisfy a judgment. Don't doubt that they can
try but a good attorney will shut it down. Seen it happen.
And, not that I have any but why would I care if Coke ever got its equipment back?
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JESSE
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| Quote: | Originally posted by Dave
| Quote: | Originally posted by JESSE
Its not about who takes what, its about them not letting you or anybody take anything from the property, they can drag this process for ever and not
even the Coca Cola guys will be able to get their refrigerators back until its over. |
No authority can place a lien or take property that you or your business doesn't own to satisfy a judgment. Don't doubt that they can
try but a good attorney will shut it down. Seen it happen.
And, not that I have any but why would I care if Coke ever got its equipment back? |
Never in my career, have i ever seen anybody, and i mean, even large corporations, being able to get anything out of a building where there was labor
problems.
Lets agree to disagree.
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MitchMan
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I wonder if the reason Los Arcos hotel in La Paz is shut down is because of a stupid labor issue relating to one or two disgruntled employees who
made a claim?
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DENNIS
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| Quote: | Originally posted by MitchMan
I wonder if the reason Los Arcos hotel in La Paz is shut down is because of a stupid labor issue relating to one or two disgruntled employees who
made a claim? |
Are people camped out in front of the door under large red and black banners?
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Dave
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Are we talking about seperate issues?
| Quote: | Originally posted by JESSE
Never in my career, have i ever seen anybody, and i mean, even large corporations, being able to get anything out of a building where there was labor
problems.
Lets agree to disagree. |
I'm talking about a disgruntled employee. Aren't you talking about unions?
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JESSE
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by MitchMan
I wonder if the reason Los Arcos hotel in La Paz is shut down is because of a stupid labor issue relating to one or two disgruntled employees who
made a claim? |
Are people camped out in front of the door under large red and black banners? |
Yes. Somebody tried to get in a few months ago, and in just a few minutes, you had Wrestlemania 10 in front of the Hotel.
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monoloco
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i think that the bottom line is that Mexican labor law stifles economic growth in Mexico. Maybe this is good for keeping Baja from becoming over
developed but I suspect it's not good for the people who make their livings here.
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MitchMan
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Dennis,
Several months ago I think that there were people out front, I don't remember reading banners in front, but I do believe there were some banners of
some sort. Lately, I don't think there is anyone hanging around in front, but I only drove by quickly a few times in the last month. What do the
banners typically indicate?
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DENNIS
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I remember what I think was a labor dispute at La Fonda / La Misión. They occupied the entrance, more perhaps, for what seemed like years. Black
and Red banners , Huelga/Strike, all over the place.
Don't know the details but, when it was all settled, the property was split up.
I'm not sure about the details. Maybe Dave can fill us in. It was in his territory up there.
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Dave
Elite Nomad
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| Quote: | Originally posted by DENNIS
I remember what I think was a labor dispute at La Fonda / La Misión. They occupied the entrance, more perhaps, for what seemed like years. Black
and Red banners , Huelga/Strike, all over the place.
Don't know the details but, when it was all settled, the property was split up.
I'm not sure about the details. Maybe Dave can fill us in. It was in his territory up there. |
Long story short...Joe had a labor union than was killing him. They demanded higher wages. Went on strike and black flagged the place. Joe got permits
and licenses and was in back business in his home in two weeks. Basically said picket all you want the old place ain't gonna reopen. They were gone in
a few weeks.
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flyfishinPam
Super Nomad
Posts: 1727
Registered: 8-20-2003
Location: Loreto, BCS
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Mood: gone fishin'
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| Quote: | Originally posted by Dave
| Quote: | Originally posted by JESSE
Isnt spending the next 2 years fighting to get the equipment back from them, the same as losing it? |
They can only take listed assets owned by the owner/business. I have a friend who's been through the process.
The only thing I own is a lease. They're welcome to it. |
well perhaps that's the way it worked in Rosarito but in other places not so. in my case both my company and me were named in the suit. they tried
to take my house away and other things but to make a long story short these things they tried to take were not in my name. once the judgement is
against you they can take three times worth of assets away until you pay up. I ended up settling out of court just to end it, it wasn't worth the
fight. for a thousand dollars or so I'd rather just pay, or better yet avoid the situation in the first place such as ways that Jesse explained.
Dave I understand you closed your business? maybe the way things were when you were running your business a couple of years ago changed? also those
lawyers always tell you what you want to hear, you're protected, you'll win, etc ad nauseum but they do that to keep your encouragement up so youkeep
fighting and keep paying them.
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DENNIS
Platinum Nomad
Posts: 29510
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| Quote: | Originally posted by Dave
They were gone in a few weeks. |
A few weeks? Seems like they camped out there forever. Every time I'd go to the states, they were still there. Seemed like a year or more.
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monoloco
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Another thing to remember is Mexican court cases can take years, I have been involved in one for 3 years with no end in sight. Take my word for it,
it's not worth it. Avoid the Mexican legal system at all costs, the only winners are the lawyers.
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Dave
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by Dave
They were gone in a few weeks. |
A few weeks? Seems like they camped out there forever. Every time I'd go to the states, they were still there. Seemed like a year or more.
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There were maybe one/two guys there for months. A token appearance. The main strike lasted for less than a month. It didn't matter. The
restaurant was permanently closed. Joe sold the entire property a few years later.
Pam, we sold the deli location several years ago. For a while I coasted but got back in business in a big way about 10 months ago. Have a
bar/restaurant in Puerto Nuevo. Also starting an unrelated franchise operation. I'm very familiar with Mexican labor law as my corporate attorney and
accountant are specialists in the field.
I would never advise operating in Mexico unless one has intimate knowledge of corporate and labor laws...and how to use them to your advantage.
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jls
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Posts: 46
Registered: 4-9-2007
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This has been a very interesting thread. Maybe we should have one called "doing business in Mexico". Then people would know of legit lawyers and
practices.
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DENNIS
Platinum Nomad
Posts: 29510
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Location: Punta Banda
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| Quote: | Originally posted by bajaeng
That amount is in dollars at yesterday's exchange rate. Upon termination, have to pay 3 months salary, unused vacation, some profit sharing, prorated
christmas bonus, and another load based on number of years of service. |
I don't know what to say. I had no idea the structure was so...punative. You don't merely hire somebody....it's more like taking on a partner.
I would be curious to know how much of this nonsense has been negotiated away by the Maquiladoras. I can't imagine big business volunteering for this
abuse.
And to think, on top of all this government control, there are unions to deal with.
A third world country is it's own biggest enemy.
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DENNIS
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Here's some legal sounding info on the subject:
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http://www.fredlaw.com/articles/international/Mexico.pdf
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