Hiring my neighbors' gardener.

My neighbor is leaving to go back to the U.S. for health reasons, and I would like to hire her gardener who has done work for me off and on over the last 3 years.

She (neighbor) said she had a Spanish contract with him done by a Mexican attorney.

My question is that if I either take her contract, if names can be transferred, or make a new one for six months at a time, she says that I still have to give Christmas bonus and vacation pay, and that's fine with me, but at the end of the contract, there is no severance.

Is this right? I will give him some special end of contract bonus anyway, though I hope to keep him a long time.

Thanks.

for peace of mind talk to a lawyer like spencer and have them draft a contract to your liking.it's not a huge cost.

Your neighbor is required by law to pay severence since she is terminating his employment. You should start with a new contract. His vacation pay is calculated based on length of employment. As Pedro said, talk to Spencer or some other attorney.

Probably the neighgbour had an services contract specifically to avoid paying benefits and severance.

A contract implies no employer-employee relation.

SunFan