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labor laws: full time vs part time help

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Parker
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Post by susan Sat Nov 26, 2011 8:17 pm

1)what are the fundamental differences between full time help & p/t? if i have someone here 1 day per week for 3 1/2 hours, does that worker get to the same benefits as a full timer? sick pay, paid holidays, etc? 2)review my example for further (absurd) interpretation of mexican law: worker starts in january, quits in febuary/march. the americans would give this worker a xmas bonus 9-10 months prior & vacation pay. if that is so, then the entire familia should take turns working for these americans like 1 or 2 months. quit, then the big bonus and the vacation. i of cause would give nothing. but im a horrible person. if this info is on another thread, which is it?


Last edited by susan on Sat Nov 26, 2011 8:18 pm; edited 1 time in total (Reason for editing : spell)

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Post by ferret Sat Nov 26, 2011 8:28 pm

Why don't you call the person that I quoted when this was started on the other part of the forum? Of course, being a Mexican, she only speaks Spanish so you may not be able to communicate with her.

Spencer knows very little about labour law. It is a special area of expertise and very involved. Eva is a certified accountant who specializes in labour law and can probably give you the names of a number of legal attornerys who specialize in labour law.

BTW, she gets very annoyed with ANYONE who rips people off.

Your example of hiring in January and quitting in February is not really a valid point in case since the three month probation period would be in effect.
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Post by Parker Sat Nov 26, 2011 11:57 pm

I was under the impression it was a one month waiting period but from that point on everything is prorated so there is not a whole lot of difference in payout.

Yeah, Susan is a PIA but perhaps the word is getting out to others that they need to step up to the plate. We have friends that have been here for eight years and didn’t realize that they had any legal obligations to their help. Of course the help wouldn’t complain because they need the work, hadn’t been paying IVA tax since the beginning and didn’t want to stir up calm waters. We are of the feeling that is no excuse to abuse those less fortunate than ourselves.

Merry Christmas

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Post by Parker Sun Nov 27, 2011 12:31 am

[quote="susan"]1)what are the fundamental differences between full time help & p/t? if i have someone here 1 day per week for 3 1/2 hours, does that worker get to the same benefits as a full timer?YES! sick pay, paid holidays, etc?Yes!

2)review my example for further (absurd) interpretation of mexican law: worker starts in january, quits in febuary/march. the americans would give this worker a xmas bonus 9-10 months prior & vacation pay. if that is so, then the entire familia should take turns working for these americans like 1 or 2 months. quit, then the big bonus and the vacation. i of cause would give nothing. but im a horrible person. if this info is on another thread, which is it?

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Post by Spot Sun Nov 27, 2011 7:08 am

Don't worry you will not obey the laws just like your friend Susie, I bet you don't even pay your maid half the time since you think you can get away with it since she is a Mexican and you are the almighty gringa.

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Post by ferret Sun Nov 27, 2011 7:18 am

We have always had a written arrangement with new workers about a three month probation period. It takes a while to train and, if they're only coming once or twice a week, it takes a little longer to determine if they're the right person for the job. Salary starts out lower and goes up at the end of the three months. A few times, we've decided at six weeks that all is fine with us and, if all is fine with them too, then we both cancel the probation contract and set out on the new adventure with a higher rate of pay.

I have been taken advantage of in places of work in my youth. I refuse to do the same to anyone else. Respect is a two way street.
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Post by Parker Sun Nov 27, 2011 10:07 am

Spot wrote:Don't worry you will not obey the laws just like your friend Susie, I bet you don't even pay your maid half the time since you think you can get away with it since she is a Mexican and you are the almighty gringa.

Was this comment really necessary? Have I given you any provocation that deserves for you to treat me in this manner or do you just like to make inflammatory statements?

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Post by susan Sun Nov 27, 2011 10:32 am

parker the comment was directed to me. "spot" is looking for victims, patronizing people, generally a busy body. so far there has not been a legal person on this thread to confirm opinions. i am sure spencer knows something. as i have said, no problems w/help ever. if my maid is not happy she will tell me. if the bonus/vacation pay is short, this woman will say something. she is very outspoken. all this complication is un necessary. when i come up w/the correct legal terms for the p/t help i will post on this thread.

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Post by David Sun Nov 27, 2011 10:41 am

The information is all available @ www.rollybrook.com
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Post by susan Sun Nov 27, 2011 11:00 am

the information i had was from a legal site (in spanish) on the internet. as i said my friends father is a lawyer, she was the one who found the site & did printouts & wrote up special papers for me. i will find this & post it. does it occur to you that in mexico there are so many conflicting laws? (in any event. do you want to rescue my maid, or the occasional leaf sweeper? you can rescue them from the bondage & arrest me).


Last edited by susan on Sun Nov 27, 2011 11:01 am; edited 1 time in total (Reason for editing : no edit ok)

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Post by David Sun Nov 27, 2011 11:17 am

Rolly's website has a link to .gob so you can see the actual laws in Spanish on the Govt's website.
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Post by ferret Sun Nov 27, 2011 11:20 am

Tell me susan...would you use a real estate lawyer if you were in jail for a criminal offense?
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Post by CheenaGringo Sun Nov 27, 2011 11:21 am

Parker:

It is a possibility that Spot's post was in reference to something susan said and wasn't directed at you?

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Post by ferret Sun Nov 27, 2011 11:26 am

CheenaGringo wrote:Parker:

It is a possibility that Spot's post was in reference to something susan said and wasn't directed at you?

I agree with the above.

@spot...That's why it helps to quote what you are responding to or preface the post with a name...like @susan
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Post by Spot Sun Nov 27, 2011 5:15 pm

Got it!

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Post by Intercasa Sun Nov 27, 2011 6:16 pm

I don't do labor issues HOWEVER can prepare the finiquito contract after your accountant calculates the proper termination pay and any other monies, whether full or partial owing.
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Post by susan Mon Nov 28, 2011 7:25 pm

spencer is good w/contracts.

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Post by Intercasa Mon Nov 28, 2011 8:02 pm

The only problem is finding a "good" accountant. I've seen delays done by many, some to the point where clients pay fines due to their delay and of course they never offer to reimburse. Locally it seems to be the lesser of the evils and a much, much smaller playing field if you want someone who can understand English.
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