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Paying my housekeeper six years of vacation pay in one lump sum

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brigitte
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Post by Chico Fri Jun 22, 2012 4:48 pm

Obviously, I will want her to sign something saying that she has been paid in full for vacation pay for the last six years.Is there a form that I can purchase at a papaleria or do I need to have an attorney do the paperwork? Anybody done this? Any idea of cost? Any recommendations? Thanks. chico

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Post by angela04101 Sat Jun 23, 2012 1:11 pm

May I ask, why are you doing this?

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Post by hockables Sat Jun 23, 2012 1:26 pm

A Lump Of Coal?

no... That was A Christmas Tale...
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Post by Chico Sat Jun 23, 2012 4:12 pm

angela04101 wrote:May I ask, why are you doing this?

Sure. She has refused vacation pay from me for six years. Do not think that she knows that she is entitled to it. Her family is going through some rough times right now and she needs the money and she will have it. Just need to know how to get the paperwork done so that she signs off on six years of vacation pay through the end of 2012. And in January, 2013, we begin again. chico

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Post by brigitte Sat Jun 23, 2012 4:57 pm

We have our employees sign a receipt for the money if they chose to take money versus time, although they are really supposed to take time. Make sure the receipt details what the money is for and write it in Spanish.
We do that at the end of every year. They also sign a receipt every week and for the alguinado at the end of the year.

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Post by johninajijic Sat Jun 23, 2012 5:10 pm

I would hire Spencer, have him double check your figures and fill out the paperwork in Spanish to CYA. You cannot believe how many people in good faith pay their help, only for the help to turn around and screw them. And the help wins in labour court. I trust my help, so I don't do it, but was told to always have them sign for the money.
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Post by Parker Sat Jun 23, 2012 6:28 pm

johninajijic wrote:I would hire Spencer, have him double check your figures and fill out the paperwork in Spanish to CYA. You cannot believe how many people in good faith pay their help, only for the help to turn around and screw them. And the help wins in labour court. I trust my help, so I don't do it, but was told to always have them sign for the money.

When we first arrived, very ignorant of the way how things worked, so we just did what our (supposedly educated) friends did. If we have the opportunity to do it over again I’m not sure if we would hire a cleaning service or housekeeper. Hiring an unknown is a real risk, not one I think I’m willing to do. We totally trust and respect our housekeeper, she and her family are always there for us. Taking care of plants and animals when on vacation, watching over the property while we’re gone and in general (for a small fee) takes care of us like family.

However, once you learn the laws of the land, it is considerably more costly than you originally thought. The biggest hit is severance pay if you decide you no longer can afford or want them. It’s 3 months & 20 days’ worth of pay (I believe at their current salary) for every year of employment. So the easiest terms for thinking about this issue is 1/3 of a year’s salary. Now if they leave by their choice, all bets are off. If you decide to sell your property and the buyer is not aware of this issue you may slough-off your obligation onto unknowledgeable new buyer, in other words be a real sleaze, but this has happened too many times to be ignored.

Another issue; you have a great employee and then things start to change in their lives and they need money so they start helping themselves, you can’t prove it but you know they need to leave. Guess what, you’re stuck with the bill. And as far as I understand the dishonest are learning the laws faster than the good-guys. So take care, use a lot of good common sense and educate yourself.

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Post by Chico Sat Jun 23, 2012 6:30 pm

Thanks, John. I thought I needed some help with this and will be calling Susana Rodriguez Monday morning to draft the instrument for me. Appreciate your help. chico

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Post by Chico Sat Jun 23, 2012 6:34 pm

Parker wrote:
johninajijic wrote:I would hire Spencer, have him double check your figures and fill out the paperwork in Spanish to CYA. You cannot believe how many people in good faith pay their help, only for the help to turn around and screw them. And the help wins in labour court. I trust my help, so I don't do it, but was told to always have them sign for the money.

When we first arrived, very ignorant of the way how things worked, so we just did what our (supposedly educated) friends did. If we have the opportunity to do it over again I’m not sure if we would hire a cleaning service or housekeeper. Hiring an unknown is a real risk, not one I think I’m willing to do. We totally trust and respect our housekeeper, she and her family are always there for us. Taking care of plants and animals when on vacation, watching over the property while we’re gone and in general (for a small fee) takes care of us like family.

However, once you learn the laws of the land, it is considerably more costly than you originally thought. The biggest hit is severance pay if you decide you no longer can afford or want them. It’s 3 months & 20 days’ worth of pay (I believe at their current salary) for every year of employment. So the easiest terms for thinking about this issue is 1/3 of a year’s salary. Now if they leave by their choice, all bets are off. If you decide to sell your property and the buyer is not aware of this issue you may slough-off your obligation onto unknowledgeable new buyer, in other words be a real sleaze, but this has happened too many times to be ignored.

Another issue; you have a great employee and then things start to change in their lives and they need money so they start helping themselves, you can’t prove it but you know they need to leave. Guess what, you’re stuck with the bill. And as far as I understand the dishonest are learning the laws faster than the good-guys. So take care, use a lot of good common sense and educate yourself.

Great insight, Parker and something we should all be aware of. Appreciate your response. chico

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Post by ferret Sat Jun 23, 2012 8:55 pm

Chico wrote:Thanks, John. I thought I needed some help with this and will be calling Susana Rodriguez Monday morning to draft the instrument for me. Appreciate your help. chico

I've been waiting for other people to weigh in on this. Personally, with this kind of money and the lag in time frame for paying it, I would want a professional to do it. It provides you with a witness.
I'm really a cynic but have always trusted MOST of those we have employed. Still, things and circumstances can change in a relationship. People that you have trusted become manipulated by others in their family or circle of friends. It ain't pretty.

Your paper should read...
I, (official name of employee) am employed by (your name) at (location). I am employed to work (XXX number) of hours per week and I receive (xxx amount of money) per week. My employment started (XXXXXX) and is ongoing or continues.
Today, (actual date of signing), I have received the amount of (amount in numbers) pesos, (amount again written pesos in brackets). This amount of money represents accumulated vacation pay from (date of starting work) to (the end of the year???).
At this point you can include the written chart or just have her sign her full official name with her name typed below it...a copy of her voter registration card (usually the only ID with a photo) should be included.

My written Spanish sucks. And the above details ALL the pertinent information that could be fudged in the future. Suerte
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Post by David Sat Jun 23, 2012 8:58 pm

BTW, the Law requires that you pay an employee for any unused vacation prior to the end of the year. If they don't take it, pay 'em.
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Post by Chico Sun Jun 24, 2012 4:00 pm

ferret wrote:
Chico wrote:Thanks, John. I thought I needed some help with this and will be calling Susana Rodriguez Monday morning to draft the instrument for me. Appreciate your help. chico

I've been waiting for other people to weigh in on this. Personally, with this kind of money and the lag in time frame for paying it, I would want a professional to do it. It provides you with a witness.
I'm really a cynic but have always trusted MOST of those we have employed. Still, things and circumstances can change in a relationship. People that you have trusted become manipulated by others in their family or circle of friends. It ain't pretty.

Your paper should read...
I, (official name of employee) am employed by (your name) at (location). I am employed to work (XXX number) of hours per week and I receive (xxx amount of money) per week. My employment started (XXXXXX) and is ongoing or continues.
Today, (actual date of signing), I have received the amount of (amount in numbers) pesos, (amount again written pesos in brackets). This amount of money represents accumulated vacation pay from (date of starting work) to (the end of the year???).
At this point you can include the written chart or just have her sign her full official name with her name typed below it...a copy of her voter registration card (usually the only ID with a photo) should be included.

My written Spanish sucks. And the above details ALL the pertinent information that could be fudged in the future. Suerte

I need to go and buy a printer so I have a hard copy of your great responses. Thanks, ferret. chico

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