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PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

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PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by johninajijic on Sun Sep 30, 2012 7:17 pm

I would like to know who gets Severance Pay under the following conditions.

I know the Maid gets severance, but what about the following.

The Gardener has his own company and works for many individuals and condos. He has 3 employees. Does he get severance as a company?

The Pool Man works for 85 different homeowners. Does he get severance?

It would be nice for Intercasa to weigh in on this.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by Axixic on Sun Sep 30, 2012 7:28 pm

Not that I know anything about it but I fail to see the relevance of how many other clients the said workers may or may not have had.

They worked for you. You are letting them go due to circumstances not within their control. I would think you are morally obliged to pay them severance.

Anything else would seem to me unfair.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by Rolly on Sun Sep 30, 2012 8:15 pm

You pay those who work for you by the hour or week. You do not pay independent contractors or those who work by the job such as the pool guy.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by Intercasa on Sun Sep 30, 2012 8:31 pm

It all depends if the person makes a stink, honestly. You would have to show they have their own business and there are tests (control over schedules, being a subordinate, etc.) as to who really is an employee and they could fall under that umbrella. If the person really was a contractor with their own company and you sell and move out of the country then you probably wouldn't see problems.

If you stay in Mexico and the person wants to make a stink then the burden would be on the employer to show that the person was an independent contractor and even if they are who is to say that they were not acting in the capacity of employee for you on the side apart from their regular business. Did they give you receipts from their company? Are they registered with SAT as their own company?

There are labor reforms going on in Mexico right now so stay tuned.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by johninajijic on Wed Oct 10, 2012 9:01 am

For more clarification, the Gardener has 3 people working for him and a business card with his name on it. He works for our condo as a contractor with a contract. The condo doesn't have to pay severance or holidays.

He works for individuals, they have no contract, but I think he is still an independent contractor, is he not?

The pool man has one person working for him. He works for 85 individual homeowners around Ajijic. Is he an independent contractor too? I pay him by the week.

Maybe best answered by Intercasa and Rolly. Thank you in advance.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by Intercasa on Wed Oct 10, 2012 9:24 am

The labor process is brutal but moreso for the employee. The benefit of the doubt goes to the employee. Best to pay them something and have them sign away their rights to be safest.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by solajijic on Wed Oct 10, 2012 11:50 am

Better a few hundred US dollars than trouble later. Plus your employees are the best of the best and wouldn't you want to make sure they are left with the idea that you truly appreciated their efforts on your behalf. And that they continue being the best of the best for your neighbors since the employees you are asking about obviously work for your neighborhood.

The way that you asked about this tells me you'd rather not pay them.

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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by johninajijic on Wed Oct 10, 2012 12:40 pm

solajijic wrote:Better a few hundred US dollars than trouble later. Plus your employees are the best of the best and wouldn't you want to make sure they are left with the idea that you truly appreciated their efforts on your behalf. And that they continue being the best of the best for your neighbors since the employees you are asking about obviously work for your neighborhood.

The way that you asked about this tells me you'd rather not pay them.

Now, you're getting away from facts. Bottom line is why should anyone be paid if they're not entitled by law. When you have them for 9 years, that's a hulla lot of money. However, I would make an agreement and give them something reasonable. This question was not for me, but for my cousins wife who just sold her house.

Eventually it will apply to me for the pool guy as we have no regular gardener.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by hockables on Wed Oct 10, 2012 12:51 pm

Most times, when I come down from Canada, I bring Little Gifts for the folks who work for us...
Why?? I Dunno.... because I like happy people... makes me feel good... They appreciate it... we like each other...
Hmmm.... mostly cause it makes me feel good.... I'm kinda selfish like that

The people who worked for you aren't asking for a handout.... they've worked for their money!!
Think of severance payment as a Tip...

To use your own words John...
you don't want to look like a "Cheap F*ckn Canadian"... do you?

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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by johninajijic on Wed Oct 10, 2012 12:55 pm

hockables wrote:Most times, when I come down from Canada, I bring Little Gifts for the folks who work for us...
Why?? I Dunno.... because I like happy people... makes me feel good... They appreciate it... we like each other...
Hmmm.... mostly cause it makes me feel good.... I'm kinda selfish like that

The people who worked for you aren't asking for a handout.... they've worked for their money!!
Think of severance payment as a Tip...

To use your own words John...
you don't want to look like a "Cheap F*ckn Canadian"... do you?

OMG!!! You're a Canadian and you said that. I know that is said about Canadians, but we have two in our Community that are more generous than Americans.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by little italy on Wed Oct 10, 2012 4:51 pm

johninajijic wrote:
solajijic wrote:Better a few hundred US dollars than trouble later. Plus your employees are the best of the best and wouldn't you want to make sure they are left with the idea that you truly appreciated their efforts on your behalf. And that they continue being the best of the best for your neighbors since the employees you are asking about obviously work for your neighborhood.

The way that you asked about this tells me you'd rather not pay them.

Now, you're getting away from facts. Bottom line is why should anyone be paid if they're not entitled by law. When you have them for 9 years, that's a hulla lot of money. However, I would make an agreement and give them something reasonable. This question was not for me, but for my cousins wife who just sold her house.

Eventually it will apply to me for the pool guy as we have no regular gardener.

F.y.i. which I have posted before. I asked my Property Manager to calculate a speration pay FINIQUITO is what they referred and a "your fired" LIQUIDACION. She actually had her Lawyer calculate the two. The speration after 7 years of service was 1,462.49 pesos and the Liquidaciaon after 7 years was 22,269.71. I have three helpers that have been with me for the 7 years. You can say part time, whatever, I would suggest you tell your Cousin to pay the seperation pay since it really is so little. In my opinion it is not worth fighting the Labor laws and besides, if your cousin was happy with the help, what is 2,000 or 3,000 pesos, which would make a BIG BIG difference in their lives. It's just saying thank you for years of service and I appreciate your help. Just saying.

es pay and

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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by johninajijic on Wed Oct 10, 2012 4:55 pm

little italy - I understand what you're saying, but I thought if it was a huge amount I could help her out with Intercasa legal advice. I'm sure she will give them a decent amount.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by little italy on Wed Oct 10, 2012 5:03 pm

johninajijic wrote:little italy - I understand what you're saying, but I thought if it was a huge amount I could help her out with Intercasa legal advice. I'm sure she will give them a decent amount.

As you can see if they fired them seems like a large chunk. I also know your Cousin and know how generous they are, but thought they had a question if they had to pay. Sorry for the misunderstanding. Peace :)

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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by E-raq on Wed Oct 10, 2012 5:14 pm

I once had a gardener refuse to accept the finiquito, he had to be forced to take it by me. He knew the next guy was going to keep him on, but still he had done a great job and certainly deserved it.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by ferret on Wed Oct 10, 2012 9:11 pm

E-raq wrote:I once had a gardener refuse to accept the finiquito, he had to be forced to take it by me. He knew the next guy was going to keep him on, but still he had done a great job and certainly deserved it.

Same thing happened to us in San Miguel...Lucha had a really hard time accepting the money. I told her that I'd go to jail if she didn't take it because it was the law...a little white lie for a small amount of money that would make a huge difference in her life. We also helped her open her very first bank account so she had a safe place to keep it. Nine years of excellent housekeeping...the severance was a pittance by comparison.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

Post by Grizzy on Thu Oct 11, 2012 8:18 am

When the house I recently purchased closed one of the documents required was proof that the staff had been properly severed.
It is a legal requirement however you try to mitigate her responsibility. If the new owners are on the ball they will insist it be signed off.
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Re: PAYING SEVERANCE PAY WHEN YOUR HOUSE IS SOLD - WHO GETS PAID?

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