Nov. 4, 2015 Updates:
Re IMSS … The very talented & highly-reliable Chapala lawyer, Lic. Spencer McMullen notes that: “Domestic workers are an exemption in the law, for them IMSS is not mandatory.” … yet … “The law doesn’t distinguish between part time and full time employees.”
But … that exemption does not exclude/exempt us from paying Aguinaldos, Severance Pay, Vacation pay, etc.
Other key calculations:
If the employee worked more than 28 days, it’s at least an automatic 90 days of salary. See the “Finiquito” section below for specifics.
2. Prima de antiguedad
12 days pay per each year worked.
3. Vacation pay
Vacation pay for current year worked. … Remember that this is the official Mexican Labor Law’s “Daily Rate” ** (see below) … and remember they should also receive this pay for all past years worked.
1st year – 6 days salary
2 years – 8 days
3 years – 10 days
4 years – 12 days
5 to 9 years – 14 days
10 to 14 years – 16 days
15 to 19 years – 18 days
20 to 24 years – 20 days
25 to 29 years – 22 days
30 to 34 years – 24 days
35 to 39 years – 26 days
The annual aguinaldo is the equivalent of 15 days of “Daily Rate” pay.
It is NOT a Christmas bonus. It is a mandatory wage payment that is due by the 20’th of December. The aguinaldo is equivalent to at least “15 days wages”, and may be pro-rated if the employee has been working for you for less than a full year.
** If a worker is hired to work by the week, the “Daily Rate” equals their weekly pay … divided by 7. If he / she is hired by the month, the “Daily Rate” is the monthly amount divided by 30.
**Daily Rate Simplest Example… If you have an employee who works two days a week ~ for the entire year ~ for $350 pesos each day = $700 pesos a week:
$700 pesos / 7 days = $100 pesos per day at their “Daily Rate”
$100 pesos “Daily Rate” x 15 days of Aguinaldo pay = $1500 pesos
Note that if they work only a part year:
An alternate way of calculating the aguinaldo is determined by multiplying the total days they worked in current year by 15, then divide by 365 days, and then multiply by the daily rate:
For a part-year worker coming in for 2 days a month for 9 months =>
18 days … x … 15 days of Aguinaldo = 270
270 / 365 = 0.7392 … 0.74 x $Daily Rate ($100 pesos?) = $ _____
Note. The “Daily Rate” is based on a full week. For example, if your maid only works two days per week, and gets paid $700 pesos per week ($350 pesos per day of work). You take the weeks salary of $700 divided by 7 = $100 pesos is the Daily Rate.
Calculators for final severance benefits being paid to domestic and household help (muchachas y mozos):
**If the employee quits, then the amount owed to them is small.
Under CALCULAR – select: ” SOLO FINIQUITO “.
LIQUIDACION + 20 DIAS … is for an outright termination without documented cause.
LIQUIDACION is a mutually agreed upon termination.
Salario Diario: Take the amount paid in a week and divide by 7 for daily rate.
For example, a person who works 2 days a week and makes $350 p / day. Take $700 pesos divided by 7 => a daily rate of $100 pesos.
Salario Diario Integrado: This is the same as the daily rate, unless you are paying extra for healthcare etc.
Área geográfica donde trabajó: generally “B”,
… unless you are in Zone “A” which includes Mexico City, Monterrey, Acapulco, Guadalajara, Puebla, etc and all of of Baja California and Baja California Sur.
As always: Prepare a termination letter + a copy. Be sure it is signed and witnessed.
It is best to contact a good labor lawyer to find out the latest rules and the local twists of your state, but for general information, consider these rules of thumb:
1. When an employee is terminated, he is entitled to termination pay; unless:
1a. The employment was for a specified period of time, such as the period of building a house, or for house sitting for a winter while the owner is out of town. It is best to have the time period stipuled in writing.
1b. Termination for “just cause”. This can be a very complicated issue. It is best to get the help of a labor lawyer, as the employee can wreak havoc by appealing to the labor review board. “Just cause” is spelled out in detail in the law.
Termination pay shall include 3-months of salary plus 20 days for each year worked plus prorated vacation and Christmas pay.
20 days of salary means 20 times the daily rate (which is 1/7 of the weekly rate).
Example: A maid worked 2 days per week for $50 pesos per day for 4 years. That is $100 per week. There are 13 weeks in 3 months. Her daily rate is $100/7 = $14.29.
Her termination pay would be ($13 x 100) + (20 x $14.29 x 4) = $2443.20 … plus any Christmas and vacation pay that may be due.
If the termination payment cannot be made at the time of termination, regular salary shall continue until the termination is paid in full.
If the employee quits voluntarily, termination pay is sometimes considered to be not required.*** (See the *** section above for calculating the finiquito .)
For this reason, a common tactic to avoid termination pay is to induce the employee to quit. … Be careful with this because Mexican Labor law describes what an employer cannot do to harass a worker and his family.
According to multiple lawyers, the severance pay package is negotiable … but it must be at the written agreement of both parties, and generally requires a good relationship with the employee, plus signed receipts and the signed & witnessed release.
Yucalandia is pleased to welcome a guest author as a new contributor, Lic. Solomon Freimuth, of My Mexican Lawyer, who, along with his partners at Calderón & Asociados, has fine expertise in Mexican Law, focusing on key issues affecting expats. Lic. Freimuth and his counterparts have created a very good series of articles on expats rights and responsibilities in Mexico, on Buying Land, on Starting a Business in Mexico, etc at My Mexican Lawyer and on the socio’s website: Calderón & Asociados. We welcome Sr. Freimuth’s contribution as a good fit with Yucalandia’s standards of publishing useful, accurate, and thorough articles on issues affecting expats living and visiting Mexico. We offer a brief bio for Sr. Freimuth below.** We look forward to your comments!
**** LATER EDIT: Please note that Mexican labor law changed significantly in 2012, so this original piece was published under different legal principles. Please see a good Mexican labor lawyer with any current questions, Editor.
For those who enjoy reading the full law in Spanish, see: LEY FEDERAL DEL TRABAJO: 2013 ****
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Here is a list of the Major Sections in this Article: (click to Jump to a Section)
~ Basic Principles of Mexican Labor Law
~ Must domestic workers receive the same benefits as regular employees?
~ Employee Benefits Required for Domestic Employees
~ Who are Employees and Who are Non-Employee (Independent Contractors)
~ Vacation Pay and The Aguinaldo (Year End “Bonus”?)
~ How to Calculate the Aguinaldo:
~ Sidelights & Additional Insights to Common Pay Issues for Mexican Workers
~ Documentation is The Key!
~ Mexican Holidays:
~ Registering Your Employees with IMSS:
~ Remaining Odds and Ends: Severance Pay and ???:
~ Key References and Citations:
~ ~ ~ Part Time Cleaning Ladies & IMSS: ~ ~
… To pay or not to pay, that is the question. …
What is an employee?
Mexican labor law says that anyone who performs a subordinated, personal service in exchange for remuneration is an employee. There is a jurisprudencia, or established legal precedent based on decisions of the Mexican Supreme Court, that defines subordination as being at the disposition of the employer during the employee’s shift. Remuneration means to be paid, or in exchange for payment. As a general rule, this means if there is subordination and remuneration, there is an employee-employer relationship and therefore the employee is entitled to certain benefits under Mexican law.
Mexican labor law is notorious for its tendency to protect the laboring class, therefore the scales of justice are somewhat tipped in the employee’s favor. The burden of proof is always on the employer and as with any other legal process in Mexico, a labor trial can drag on for years. Even when the employer wins a labor case, he will have a large expenditures for lawyer and court fees, but if for some reason the court rules for the employee, the employer also ends up paying all the corresponding benefits owed to the employee and all of the employee’s lost wages from the time the labor dispute started.
This strong tendency towards protecting employees creates collateral reasoning that dictates that it is often a financially wiser decision to: give benefits to all employees when in doubt; and settle labor disputes that arise where employees think that they are entitled to a bonus or severance pay, as opposed to letting the case go to court, no matter how justified the employer may feel in his legal rights.
This part warrants clarification: The letter of the law says that all workers are entitled to labor benefits if the elements of remuneration and subordination exist. That is the law. The custom is something different from common practices, since many people get away with not paying their employees all of the benefits mentioned. In some cases it might not be necessary to pay the benefits (if there truly is no element of subordination, for example), but the author wants to reiterate that there is no clear, general distinction that can easily summarize whether or not a worker deserves labor benefits.
Must domestic workers receive the same benefits as regular employees?
The labor law defines a domestic worker as those workers who provide services of: cleaning, home assistance, and anything else within the home of a person of family. The law goes on to state that anyone that who provides these services for a hotel, bar, hospital, school or other like establishment is not a domestic worker, nor are doormen or concierges servicing multi-unit buildings.
The currently valid labor law has a separate chapter that deals with domestic employees, and mentions that some of benefits that they should receive are different than those given to normal employees. This chapter of the law also mentions that domestic employees are not eligible for profit sharing, which is understandable, considering that the family-home should not generate profit.
A major difference in the section of the law for domestic workers is the assumption that a domestic worker may live in the employer’s home, and therefore is entitled to food, boarding, and sufficient break periods to rest and eat. This is all very common sense stuff, but one consideration that the author finds most important is: The employee’s food and board are calculated as having a value of 50% of the employee’s salary, which can be important in terms of benefits such as bonuses and severance packages.
Employee Benefits Required for Domestic Employees
Continuing, domestic employees are entitled to all of the other employee benefits given by the law, even IMSS (medical insurance and pension fund) and INFONAVIT (housing fund). Many employers are accustomed to not giving their domestic help these benefits, but in reality the law requires them for any employee. Notice, the author put emphasis on the word employee, again we can enter into the discussion about whether or not an employee-employer relationship exists. **
Here are the author’s opinions, mixed with some examples:
As mentioned above, in strict compliance with the labor law all employees are entitled to labor benefits in Mexico. In the author’s opinion, based on the research done for this article, the distinction can be made as follows:
Who are Employees and Who are Non-Employee (Independent Contractors)?
Employee – In the author’s opinion, a maid or nanny is an employee and therefore is entitled to labor benefits if: the maid/nanny is expected to be at the house from 8:00am to make breakfast for the kids until 4:00pm, receives a wage of $1,500.00 pesos per week, and during the aforementioned hours, the maid/nanny is at the beck and call of the Señora of the house.
Non-employee – The gardener who comes twice a week and for $75 pesos cuts the grass and trims the palm trees, in the author’s opinion, is not an employee and is not entitled to labor benefits.
One final aside: Now that we are in the realm of the author’s opinions, if you are not sure, then pay the annual year-end bonus (aguinaldo), or the severance pay, and get a written receipt for every payment. It has become custom in many parts of Mexico to pay a year-end bonus to employees who are not legally entitled to it, and many informal workers expect the bonus because it has become such a recognized tradition. In the interest of improving employee-employer rapport, why not make the domestic help’s lives a little easier at the end of the year and pay them a little bonus?
** Lic. Solomon Freimuth is an entrepreneur, businessman, and lawyer who studied Mexican law at the Universidad Interamericana para el Desarrollo en Playa del Carmen, Quintana Roo and will obtain his law degree in 2012. Sr. Freimuth has also taken business classes from the renowned Instituto Tecnologico Autonomo de Mexico and several law seminars here in Quintana Roo. While running his building administration company in Playa del Carmen, Sr. Freimuth has been involved with a several labor disputes and has successfully managed to avoid litigation in all instances. More articles by Solomon Freimuth can be found at the Calderón & Asociados Blog law firm website, his personal blog about living, working and becoming a professional in Mexico: My Mexican Lawyer, and on twitter at @SolomonFreimuth.
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Yucalandia Editor’s Notes, Alternate Understandings, and Appendices:
The following bits of information are meant to supplement Sr. Freimuth’s very good interpretations of somewhat overlapping rules and requirements. This Article’s title offers advice on “What we we must pay.” You’ve probably already figured out that this was not entirely true, since various clauses of Mexico’s employment law are overlapping and inter-woven, and not necessarily spelled-out in concrete un-ambiguous terms. Having made these disclaimers, Yucalandia’s Editor believes that there are some commonly held opinions on how much vacation pay and year end bonuses (aguinaldos) are owed to full-time and part-time workers.
Note: This article is not meant to be an all inclusive discussion or analysis of Mexican law governing employee-employer requirements or work rules, but it is a partial primer that briefly touches on some of the key issues expat employers and employees may face. We do not represent ourselves as legal experts, and we strongly suggest that you contact a legal professional in employment law on any significant issues.
Vacation Pay and The Aguinaldo: Year End “Bonus?”
Vacation pay is owed after one year of employment. Full time employees are owed 6 continuous working days of vacation for that first year, plus additional days for additional years of employment, listed below in the Appendices. Ley Federal del Trabajo, Articulo 76.
Aguinaldos: Here’s a slightly different interpretation of the law than Sr. Freimuth, but it is not meant to contradict his fine insights: Even though only some domestic help are required by law to be registered with IMSS (Mexico’s equivalent to a combination of the “Social Security” system, Worker’s Comp., Health Care, and Pension systems), according one common interpretation of the LEY Federal del Trabajo, Articulo 87
~ all regularly used employees must be paid their legally due annual aguinaldo(Christmas bonus) in cash before 20 December annually ~
According to the Ley Federal del Trabajo, Articulo 87.
How to Calculate the Aguinaldo:
The base aguinaldo (“Christmas Payment”) is 15 days pay of a full-time employee’s regular daily wage. It really is NOT a “bonus” (not an optional payment term as used in US & Canada) but is instead a required payment for every worker you have employed regularly throughout the year, like house-cleaners and gardeners. Part-time employees who work 5 days or less per week receive an aguinaldo of the equivalent of 15 days pay X (times) the part-time percentage determined from the days the worked by part-time employees. This is also the same percentage used for determining potential vacation time off for part-time workers (e.g 5 day a week workers).
The aguinaldo and vacation pay for part-time employees, working 5 days or less per week, are computed on their actualdays worked for the year (days worked weekly x 52), even if they are paid on a weekly basis. These days worked are then calculated as a percentage of 365, then that percentage is applied to the number of paid vacation working days that a full-time employee with the same number of years worked would have earned, per Ley Federal del Trabajo, Articulo 78 and Articulos 76 & 78. Vacation pay is paid before the vacation time off, or at the end of the year (for part-time employees who already have days off each week).
For example, a part-time employee working 3 days per week would have worked 156 days = 156/365 => 42.74% of the year. Therefore, after the first year of employment they would only have legally earned 2.14 paid vacation days or 42.74% of a full time worker’s aguinaldo => 15 days pay X 42.74% => 6.41 days pay. Re Vacation days: The law is unclear about whether a part-time employee qualifies under Articulo 76 for the continuous days provision, but conservatively one could stick to this provision for part-time employee who reached the 6 day level.
Sidelights and Additional Insights to Common Pay Issues for Mexican Workers:
Many poorer workers who want to earn a little extra commonly ask to work through their vacations. Since this is extra work, the employer is expected to pay
- the vacation pay and
- pay for the time worked during the vacation, and
- the aguinaldo
This approach keeps workers happy, but it appears to be against the law, since vacation can not be paid in lieu of the paid time off from work. Ley Federal del Trabajo, Articulo 79.
But there’s another wrench in the works:
If the worker is due more than 6 working days of vacation, then additional days can be assigned one day at a time via written permisos if the days are paid at 125% of the normal daily wage and recorded as vacation days. Clear as mud?
Why the 25% bonus on top of the normal daily wage?
If a full time employee works extra for you beyond their expected Monday – Saturday labors, like on a Sunday, then you must pay a 25% premium and because you have required them to work on their “day of rest” AND you shal also pay them “double pay” for the service on their normal “day of rest”. Ley Federal del Trabajo, Articulos 71 & 73.
Hopefully, these pointers from Sr. Freimuth and Yucalandia help you understand a bit more of what your workers expect, and why, and following these insights will help keep everyone content – and out of court.
Documentation is The Key!
Finally, DOCUMENT, DOCUMENT, DOCUMENT. Record the employees actual work dates every week on the same slip that documents their receipt of payment. Have them sign a copy of every receipt for your records. Describe the precise purpose(s) for every payment on each receipt:
Example Content for Receipt for Weekly Payments: “Esta $____ es el Pago por ____ a _____ Dias (dates) de Trabajo. ______________ Firma de Empleado” Also consider describing their duties for that week on the receipt.
Example Content for Receipt for Aguinaldos: “Esta $____ es el Pago por 2011 anual aguinaldo. ___________ Firma de Empleado“.
Example Content for Receipt For Vacation Days: “Los Dias de tus Vacaciones seran ________ a ____________ (insert dates) Por el Año 2011. ____________ Firma de Empleado. ”
Why do this? Part-Time Mexican house-cleaners and gardeners have been known to file claims after the fact with the “Labor Board”, claiming that they were full time workers, and that they are owed $100,000’s pesos in unpaid back wages and aguinaldos. Once the claim is filed, if you do NOT HAVE DDCUMENTATION, it can take months of Lawyer’s fees to refute such claims, and you may find yourself paying settlement payments of $10,000’s pesos to end some past worker’s totally unfounded claims.
Workers are automatically give the following official national holidays off work (dias obligatorios, e.g.. legal holidays), which are the days when all government offices, all banks and most businesses will be closed.
Jan 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ New Year’s Day
First Monday of February* ~ ~ ~ Constitution Day Memorial
Third Monday of March* ~ ~ ~ Benito Juárez’ Birthday Memorial
May 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Labor Day
Sep 16 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Independence Day
Third Monday of November* ~ ~ ~ Revolution Day Memorial
Dec 25 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Christmas Day
*These 3 days are established by the Mexican Legislature, and may be changed by (annual?) legislative fiat…
Registering Your Employees with IMSS:
If an employee meets the criteria described above by Sr. Freimuth, then you should enroll them in IMSS. Further, if worker who you employ specifically asks you to enroll them in IMSS, many accountants (L.C.P.s) recommend that you enroll them in IMSS. If you are unsure, contact an abogado, Notario, or accountant who specializes in labor law to advise you, because the difficulties caused by claims filed after-the-fact by disgruntled workers can be painful.
Enrolling employees in IMSS costs the employer less than 20% of additional costs and includes the additional benefits and protections of Mexican “worker’s compensation insurance” and also sick and disability pay for the employee. IMSS benefits include free medical for the employee, and a contribution towards a pension upon retirement. Enrolling an employee the first time may require the services of a good accountant.
Remaining Odds and Ends: Severance Pay and ???
Severance pay is a particularly complex area, and is best handled by a pro: ask an abogado or Notario for specific advice, because of the web of interlocking and interwoven requirements and exceptions. e.g. Under some circumstance, firing an employee without cause may cost the employer three months salary plus 20 days pay per year of service. e.g. If you have a well-constructed employment contract or the employee has been with you less than 1 year, you may be able to terminate them without compensation. There are potential rules about how much advance written warning they should be given, etc, and some disgruntled employees with more than 2 years of service may have the right to sue for reinstatement. – with back pay… Auuuugh!!! These are some of the reasons that some Mexican employers use 6 month employment contracts, rather than “hiring” an employee.
Still, temporary disabilities, controlled substance abuse, contagious diseases, et al may be justification for termination without severance compensation. Messy? very…
When in doubt on any employment law question: Contact a pro!
Key References and Citations:
ARTICULO 87. LOS QUE NO HAYAN CUMPLIDO EL AÑO DE SERVICIOS, INDEPENDIENTEMENTE DE QUE SE ENCUENTREN LABORANDO O NO EN LA FECHA DE LIQUIDACION DEL AGUINALDO, TENDRAN DERECHO A QUE SE LES PAGUE LA PARTE PROPORCIONAL DEL MISMO, CONFORME AL TIEMPO QUE HUBIEREN TRABAJADO, CUALQUIERA QUE FUERE ESTE. Ley Federal del Trabajo.
CAPITULO IV , VACACIONES:
ARTICULO 76. LOS TRABAJADORES QUE TENGAN MAS DE UN AÑO DE SERVICIOS DISFRUTARAN DE UN PERIODO ANUAL DE VACACIONES PAGADAS, QUE EN NINGUN CASO PODRA SER INFERIOR A SEIS DIAS LABORABLES, Y QUE AUMENTARA EN DOS DIAS LABORABLES, HASTA LLEGAR A DOCE, POR CADA AÑO SUBSECUENTE DE SERVICIOS. DESPUES DEL CUARTO AÑO, EL PERIODO DE VACACIONES AUMENTARA EN DOS DIAS POR CADA CINCO DE SERVICIOS. Ley Federal del Trabajo
ARTICULO 78. LOS TRABAJADORES DEBERAN DISFRUTAR EN FORMA CONTINUA SEIS DIAS DE VACACIONES, POR LO MENOS. Ley Federal del Trabajo.
Loosely translated and frequently interpreted: ARTICLE 76 and 78 say workers must enjoy at least six continuous vacation days per year. Workers with more than one year of service shall enjoy an annual period of paid leave that is no less than six working days, and will increase in two working days, up to twelve working days total, for each subsequent year. After the fourth year, the holiday period is extended by two days for every five of services.
This works out to:
1 year = 6 days
2 years = 8 days
3 years = 10 days
4 years = 12 days.
ARTICULO 79. LAS VACACIONES NO PODRAN COMPENSARSE CON UNA REMUNERACION. SI LA RELACION DE TRABAJO TERMINA ANTES DE QUE SE CUMPLA EL AÑO DE SERVICIOS, EL TRABAJADOR TENDRA DERECHO A UNA REMUNERACION PROPORCIONADA AL TIEMPO DE SERVICIOS PRESTADOS. Ley Federal del Trabajo.
ARTICULO 71. EN LOS REGLAMENTOS DE ESTA LEY SE PROCURARA QUE EL DIA DE DESCANSO SEMANAL SEA EL DOMINGO. LOS TRABAJADORES QUE PRESTEN SERVICIO EN DIA DOMINGO TENDRAN DERECHO A UNA PRIMA ADICIONAL DE UN VEINTICINCO POR CIENTO, POR LO MENOS, SOBRE EL SALARIO DE LOS DIAS ORDINARIOS DE TRABAJO. Ley Federal del Trabajo.
ARTICULO 73. LOS TRABAJADORES NO ESTAN OBLIGADOS A PRESTAR SERVICIOS EN SUS DIAS DE DESCANSO. SI SE QUEBRANTA ESTA DISPOSICION, EL PATRON PAGARA AL TRABAJADOR, INDEPENDIENTEMENTE DEL SALARIO QUE LE CORRESPONDA POR EL DESCANSO, UN SALARIO DOBLE POR EL SERVICIO PRESTADO. Ley Federal del Trabajo.
**Part Time Cleaning Ladies & IMSS:**
To pay or not to pay, that is the question.
Has your part time maid requested that she be put on IMSS? If so, then you definitely should pay it. At the very least, it is cheaper to pay the IMSS benefits than it is to fight a claim further down the road.
If not, then the situation becomes a bit more complex.
If the worker has a regular shift, and they are at the disposition of the employer during the employee’s shift – and you pay them for the time they worked for you (the shift), then, they are an employee and are owed IMSS. If your maid were a instead part time non-salaried worker who is paid by the job (like mowing the lawn) or by piece-work, then you are not obligated to pay. If you pay her for the regular shift, and she does varying things at your request during the shift, (not a “piece-work” or “by the job” situation), then you owe the IMSS as if she were a full time employee. Article 20 of the Ley Federal del Trabajo describes that employees are owed IMSS if they subject to your authority and your direction. http://www.fredlaw.com/articles/international/Mexico.pdf
Do you now see the distinction between mowing the lawn (the guy is doing a single specific job – for a single payment) and someone cleaning your house on a per-hour basis, following your directions? If you had them in your home only to clean the floors – as a single job – and they were not paid for a shift of work, but paid for that one job (whether it took them 20 minutes or 2 hours => slow or fast), then they are not owed IMSS. If instead they are under your direction, and you sometimes tell them: “I want you to do this…. or to do that…” then they clearly are your employee, and they are owed IMSS.
Over in Chapala, the IMSS delegation Administrator Arturo Galindo says that the Ley de Seguro Social described domestic workers rights to be enrolled in the national social security program. He said that Article 13-II of the Ley de Seguro Social lists trabajadores domesticos (domestic workers) as eligible for obligatory IMSS coverage.
Applying this law is straightforward for full time live-in maids, but things get more complex with part time maids. Since part time often maids have many employers, it complicated for the IMSS to enforce the law. Galindo described that no mechanism exists within the IMSS to coordinate a group of employers to insure a single person. “What I suggested [during a recent meeting in the Villanova neighbor’s association in Chapala] was that the employers take it upon themselves to find out who employs the worker and get together to pay for the insurance,” said Galindo. http://guadalajarareporter.com/news-mainmenu-82/lake-chapala-mainmenu-84/20885-imss-urging-foreigners-to-inscribe-domestic-workers.html
Another consideration for you is if she is injured on the job. If you are not paying IMSS, then in the event of any injuries, things get messy quickly. Also, if you sever her employment (even for cause) in a less-than-friendly parting, she can easily file claims against you likely lose.
Is there any chance to contact her other employers, and that you all chip in (proportionately) to pay the annual IMSS fee?
***If you got this far, you may deserve a bonus… We have an Excel spreadsheet Aguinaldo and Vacation pay calculator provided by a talented friend. Please contact us if you are interested in this calculator, though we make no representations or offers of accuracy or how it should be used. *grin*
Please Continue to Make Comments and Replies to Help Keep This Information Current!
Disclaimer: This information is not meant as legal advice. It is for educational and informational purposes only. Government policies vary between States and offices, and Mexican Government officials have broad discretion in how they individually enforce policies, so, your personal experiences may vary. See a professional for advice on important issues.
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry
Read on, MacDuff.