Posted by sparks on December 16, 2007, 7:50 pm, in reply to "Re: Paying Mexican workers Xmas bonus, vacation & Holidays"
Aguinaldo vacation and severance pay is mandated by the government. Not paying can get a person into serious trouble. It is best to keep records and when a employee is paid these things in particular it is best to get a signature on a paper that indicates that it has been paid. This will be a release for any claims the employees may have. |
I know of a couple that decided after a 8 years in Mexico to return to the states. They had the same maid and gardener all the while they were here. They never paid Aguinaldo or vacation pay. One day they told the employees (a husband and wife) they were leaving in a week or so and for them to not return as they were not needed anymore (fired them in effect).
Later the same day a lawyer contacted them and presented a bill, for the items mentioned above, in the employees behalf. This bill was payable on demand and they wanted their money now plus interest. The people said no way and the police were called. I think they had prearranged it as the police were there in a couple of minutes. Pay or jail, no problem as far as police were concerned. The couple got a lawyer immediately, stayed out of jail, but the court fight was on (passports and visas were confiscated and they were told not to leave the country. This all happened in less than a day as the court can move fast if they want.
Their lawyer worked things out but in the end it cost them over $40,00 USD and they left a month late. Not exactly a happy ending to their life in Mexico.
Your choice to pay or not. Ignorance is not a valid excuse either.
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