# aguinaldo, vacation



## eastwind (Jun 18, 2016)

Rollybrook describes aguinaldo for employees that work a certain number of _days_.

What about a maid who spends 3 hours a week cleaning for a fixed price? Is that still 2.14 times her usual weekly fee? 

Does she get vacation even though she doesn't work full days?


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## eastwind (Jun 18, 2016)

I guess the question is, do people who work less than one full day a week (and are paid by the job rather than by the hour) qualify as employees under employment law?


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## TundraGreen (Jul 15, 2010)

eastwind said:


> Rollybrook describes aguinaldo for employees that work a certain number of _days_.
> 
> What about a maid who spends 3 hours a week cleaning for a fixed price? Is that still 2.14 times her usual weekly fee?
> 
> Does she get vacation even though she doesn't work full days?


My opinion is: Yes, she gets two or three weeks pay as a bonus, aguinaldo. Whether she works 1 hour a week or 40 hours a week, under Mexican law she is an employee and entitled to a bonus that is a multiple of whatever she makes per week.


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## surabi (Jan 1, 2017)

By law (not my opinion or suggestion ) yes, she is owed aguinaldo AND vacation pay according to the formula provided on Rollysbrook. It doesn't matter whether it is a full day or an hour, and it is based on their pay per day, so it's not like you're getting shafted for these payments- if she worked a full day for say 300 pesos, you'd be paying a lot more for these bonuses than you are considering she only works maybe one hour a day 3 days a week.
Anyone who works for you on a regular basis, whether it is 3 one hour days a week or 6 full days a week, is considered an employee. Some guy you might call on an occasional basis to come help you with something or build a little wall is not.
The formula I use, which is legal, is: 

Aguinaldo- # days worked divided by 365 x 15 x daily pay
Vacation pay-#days worked divided by 365 x #vacation days (based on how long they have worked for you) x 1.25 x daily pay


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## TundraGreen (Jul 15, 2010)

surabi said:


> By law (not my opinion or suggestion ) yes, she is owed aguinaldo AND vacation pay according to the formula provided on Rollysbrook. It doesn't matter whether it is a full day or an hour, and it is based on their pay per day, so it's not like you're getting shafted for these payments- if she worked a full day for say 300 pesos, you'd be paying a lot more for these bonuses than you are considering she only works maybe one hour a day 3 days a week.
> Anyone who works for you on a regular basis, whether it is 3 one hour days a week or 6 full days a week, is considered an employee. Some guy you might call on an occasional basis to come help you with something or build a little wall is not.
> The formula I use, which is legal, is:
> 
> ...


I am glad to see that you have some detailed information about what the law requires. I would be interested in a reference.


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## surabi (Jan 1, 2017)

TundraGreen said:


> I am glad to see that you have some detailed information about what the law requires. I would be interested in a reference.


www.soniadiaz.mx/-employees.html


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