# Labor Laws & Hired Help



## mes1952 (Dec 11, 2012)

This was on a expat forum in Ensenada about hiring Mexican employees including temporary and your obligation as an employer so anyone who has employees (or considering) needs to be aware of this as most are not.
"I have just learned through experience something very important. Anyone hiring temporary help for just one day per week, on a regular basis can be held responsible to pay compensation to the employee if they had been let go. The employee can file a complaint against their employer if the employee has worked for the individual over a period of a year or more. At the hearing I learned the phrase 'NO MAS TRABAJO" means "YOU ARE FIRED". The employer does not have the option to tell their side of the story at the hearing. The amount to be paid to the employee is based on the years worked. I owed this person for 10 years, at one day a week, six hours a day for a benefit of a cash payment to him for $780 US. It is important for all of us to remember that no matter how long someone has worked for you, how much of a friendship and trust you have built between the two of you, you are still at risk."


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## RVGRINGO (May 16, 2007)

Most folks are quite aware of that obligation. Why do you call it a “risk“, when it is simply part of the responsibility of being an employer?
We had a maid and a gardener for a decade and, when we had to leave, we were happy to pay them their termination, and to give them a lot of things that we could not transport. It was more than a responsibility; it was also a pleasure and we sure do miss them both.


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## TundraGreen (Jul 15, 2010)

RVGRINGO said:


> Most folks are quite aware of that obligation. Why do you call it a “risk“, when it is simply part of the responsibility of being an employer?
> We had a maid and a gardener for a decade and, when we had to leave, we were happy to pay them their termination, and to give them a lot of things that we could not transport. It was more than a responsibility; it was also a pleasure and we sure do miss them both.


You also owe them an annual bonus in December (aguinaldo). Both are just part of the cost of having people work for you.


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## sixcats (Aug 1, 2015)

We have several competent people who we call on for their specialty as needed. 

- The 'crew' that handles our electrical also installed our reverse osmosis system in the kitchen, the tank-less water heater, re-worked the pool plumbing etc. We pay him whatever he thinks as fair at time of visit.
- We have a tile guy/roofer who we contact as needed. We pay him whatever he thinks is fair at the time of visit.
- We have no maids.
- We have an exterminator who comes by once a month to spray trees, plants etc. We pay him 600 pesos per visit. He brings his own equipment and spends between 1-2 hours here. We buy chemicals.
- The same exterminator shows up with his 'crew' every other week to maintain the garden. I mow the lawn (I like the exercise). They spend about 3 hours in the garden and we pay the 'foreman' 600 pesos per visit. His crew varies.

None of these people are our employees. They all sign for monies received as payment in full at time of visit. We give them fruit from our trees, tuna from our cactii, gatoraide/water. At Christmas my wife bakes them cookies.


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## mes1952 (Dec 11, 2012)

Hopefully you won't have a disgruntled employee and find out the hard way that any help regardless of full-time or temporary is included in this law. I doubt that the majority of expats are even familiar with this law.


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## sixcats (Aug 1, 2015)

mes1952 said:


> Hopefully you won't have a disgruntled employee and find out the hard way that any help regardless of full-time or temporary is included in this law. I doubt that the majority of expats are even familiar with this law.


I think you need to put it in perspective.


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## citlali (Mar 4, 2013)

electricians, roofers, exterminators are independent contractors and do not fall under the same rule . If you have a man working i the garden or cleaning house once ina while they are partime employees and you owe them severance if you do not have more work for them. Domestic help is considered partime employee unless you have a cleaning service and you hire the service and not the paricular employee..it is pretty logical and fair enough.


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## lagoloo (Apr 12, 2011)

....and that's why I like our local contract cleaning company so much better than having a maid, either full or part time. They deliver the cleaning ladies and all the equipment for whatever date we've specified; we pay a fixed fee and the company takes care of all the details and the various payments. 
If we have a complaint; the jefa deals with it. Life is simple. This has been going on for seven trouble free years.

Such services are not available everywhere, but you'd think enterprising people would realize it's a good little business and set one up in most good sized communities populated heavily by extraneros, especially the older ones who are not up for much housework. 

When we first moved to Mexico, we knew nada and hired a lady for part time work. A great learning experience, if nothing else. Having an employee in Mexico is nothing like it is in the USA. jejeje.


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## TundraGreen (Jul 15, 2010)

lagoloo said:


> ....and that's why I like our local contract cleaning company so much better than having a maid, either full or part time. They deliver the cleaning ladies and all the equipment for whatever date we've specified; we pay a fixed fee and the company takes care of all the details and the various payments.
> If we have a complaint; the jefa deals with it. Life is simple. This has been going on for seven trouble free years.
> 
> Such services are not available everywhere, but you'd think enterprising people would realize it's a good little business and set one up in most good sized communities populated heavily by extraneros, especially the older ones who are not up for much housework.
> ...


I have gone the opposite direction. When I bought a house, I asked a couple of Mexican friends for a suggestion for a lady to clean once every two weeks. I interviewed both recommendations. One of them spoke only to my friend because she didn't want to deal with my lousy Spanish. The other was willing to talk to me. I hired that one. She came once every other week for awhile, then I increased it to once a week because she needed the work. She has worked for me for 5 years now. Sometimes I advance her a few weeks pay. Sometimes she works a few weeks before I pay her, usually when I am away. She looks after the house when I am gone. It has been a very satisfactory relationship. I will happily pay her termination if one or the other of us needed to terminate the situation, but I don't see that happening anytime soon.


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## citlali (Mar 4, 2013)

I have had a cleaning lady and a gardener for 14 years and another cleaning lady for 8 years and I would not have a service.
I know I have to give them severance eventually and I have no problem with it. The gardener is very old but insist on working until he drops and if he does I will pay his widow his severance pay, I have people who are very reliable and help me when I need it. When my husband needed blood they all volonteered for free..I would not swap any of them for a servive.


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## lagoloo (Apr 12, 2011)

citlali said:


> I have had a cleaning lady and a gardener for 14 years and another cleaning lady for 8 years and I would not have a service.
> I know I have to give them severance eventually and I have no problem with it. The gardener is very old but insist on working until he drops and if he does I will pay his widow his severance pay, I have people who are very reliable and help me when I need it. When my husband needed blood they all volonteered for free..I would not swap any of them for a servive.


Tundra Green and Citlali, it sounds like you have had a great experience with your workers. Sadly, this is not always the case. One friend had a maid she was very happy with, who she trusted with her house keys and when said friend returned from a long day away from home, all of her jewelry was gone, along with other valuables. Eventually, it turned out that the gangbanger son of the maid had her keys copied and you can guess the rest. Stuff happens. Good stuff......and not so good. I'll keep my service, and nobody has my keys.


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## citlali (Mar 4, 2013)

Stuff happens to people who have a service as well, I know I helped at the MP at one time. That is life stuff happens .


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