Maids- Forms
Home Up

 

General issues: First of all I am not a lawyer. This is just how we have handled the relationships between our maids and gardeners

It's very good advice to establish from the beginning a business relationship only with your maid/gardener (I've seen so many here hurt and distressed by the too-close relationships they encouraged with their household help) and with others who work for you.

Many foreigners who come here haven't had household help before and I think there is something in our upbringing that makes us very uncomfortable, guilty even to be sitting reading or watching TV or on the computer while a maid cleans or a gardener gardens...I've known ex-pats who pick up their maids and drive them home. I've known others who fix lunch for their maids--actually cook for them and then insisted that they sit down and eat with them--then our foreign friends hop right up, urging the maids to stay at the table and THEY do the dishes, while the maid chats with the husband!!! Not a cool move. Maintaining that business relationship also maintains mutual respect; you for her and she for you.

IF you tell her all about your hubby's affair and she tells you all about her daughter being robbed (running off with some boy etc. ) you go beyond that employer-employee place.

I have successfully loaned small amounts of money to employees...but only after quite a bit of time and only when I could explain to them the repayment plan. Now we take the calendar and I assume they will pay back 1/3-1/2 of their pay per week. We mark today, and then mark each of the Saturdays that I will give them a reduced amount of pay...

$500 pesos at $50 per week....10 weeks. No exceptions.

Ok here is some of labor law as it applies to us that hire maids and garden help:

1. All employees who have been working for more than 28 days are entitled to severance pay, if they are fired for anything other than good cause. (This is 4 weeks...NOT 28 working days when they only work 1 or 2 days a week)

The following are just guidelines, you need to consult an accountant if you need to figure severance pay exactly

2. The basic severance pay for an employee in their first year of employment is an amount equal to what they would normally be paid in three months, plus a fair share of the 1 week vacation owed to them at the end of the year .

If they are paid $150 pesos per week that would be $600 pesos per month x 3 months so that's 1800 pesos

Then since they worked for you 4 months, that's 1/3 of the year...so they are due 1/3 of their week's vacation pay...or $50 pesos

And they are owed a portion of their Christmas bonus which is the amount they would normally be paid in 2 weeks. In this example, they are owed 1/3 of that bonus or for our example of 150 pesos per week--300 per two weeks that’s 100 pesos.

SO if the maid worked for you just 4 months, $1800 + 50 + 100 a grand total of $1950

You DO have recourse...the maid or other help can take you to labor court in Guadalajara and you can appear and prove why you should not have to pay the severance pay.

Some maids will pull a grandstand act ...and because foreigners don't speak much Spanish they buckle under the pressure and pay up. Here is a friend's example:

"One of my gardeners wrongfully took me to the court. I had lots of proof against him...and the judge said I was absolutely right...and I could either settle with the gardener that day for $500 pesos or I could hire an attorney and win the case. The attorney would cost $1,000 pesos."

Often you can work out an in-between position with your help But in ANY case, in addition to having them sign off for each weeks' pay, vacation a the end of their first year and Christmas bonus, be certain that you have them sign a finiquito stating that their claim against you has been settled in full.

Be aware that claims by maids are usually filed against the property address, NOT against the person in the house. SO if you purchase a home be SURE that the previous owner has signed finiquitos for the maid and any other employees. These signed and witnessed documents should be handed over to the new owner of a property at closing. These policies are NOT just whim or customs settled upon the gringos here, but part of state and national labor law.

You do have rights...

Workers are not allowed to

1.perform any act on the property which would endanger themselves, fellow workers, their employers, the property

2. be absent without a justified excuse without the employer's permission

3. Take tools or materials from the property

4. Come to work under the influence of alcohol or drugs

5 .Carry any type of weapon

6. Stop working without the employer's authorization

7. incorrectly use tools and devices provided by the employer.

In addition you may fire an employee for missing 3 days work in a 30 day period.

If you have a problem with a worker with any of these 7 items, write a letter to them in Spanish, and present them with the letter, with two witnesses. they must sign for the letter, you must keep a copy. IF you have three or four of these letters then you have reason to end the relationship without penalty, but do this VERY carefully--get assistance to do it just right.

IF your maid is pregnant, she is entitled to take six weeks off before and another six weeks off after the birth of the baby. They must be able to return to their original position at the same pay at the end of this 12 week period, which can be extended up to a year, if the health of the fetus, mother or baby demands it. She must not be required to do any work hazardous to her or her baby. (I'm currently paying my maid for an 8 week leave --)

Mandatory days off with pay are:

Jan 1, (New Year's) Feb 5, (Constitution Day) March 21,(Benito Juarez birthday) May 1,(labor day) Sept 16, (independence day) Nov. 20,Revolution day) Dec 1st (election day every sixth year), Dec. 25( Christmas)

Vacation pay begins at the end of the first year with 6 days (1 week) paid vacation) It increases with 2 more days for each year of employment until reaching 12 days (2weeks) After the fourth year, the vacation will increase 2 days for each five years of employment.

The base payment of 3 months increases by 20 days with each additional year of service.

Retirement: Employees who leave with 15 or more years of employment and who leave voluntarily (you don't fire them) are entitled to a minimum compensation of 12 days per year of service since 1970 when the law went into effect.

NOTICE: All of the above are very good reasons to NOT play "lady bountiful" with your house help wages. I remember a woman who told me years ago that anyone who couldn't afford to pay a maid $3 us/hour (the going rate then was $2) didn't deserve to have one. I suggested to her that she supplement her maid by paying the kids' school expenses, paying bus fare, separately, giving appropriate food stuffs, paying IMSS for the family or other goodies but NOT by paying her more than the going rate.

 

When you hire a maid or gardener you should use the  form below. This documents the employee/employer relationship as to pay, hours etc. Weekly when you pay the employee have a notebook. Date  the pay day, list the hours and rate, what that week's pay was and have the employee sign their name.  This helps document  the amount of pay, and time they worked so that it is easier to figure out severance pay when /if you have to terminate their

employment.

 

 

 

Contrato de Prestacion de Servicios

 

Celebracion de Contrato de Prestacion de Servicios

 

 

Patron(a): _______________________________________________________________________________

 

Trabajador (a) :___________________________________________________________________________

 

Tipo de empleo : _________________________________________________________________________

 

Lugar del trabajo:  ________________________________________________________________________

 

Los dios de trabajo seran:  _________________________________________________________________

 

Los horas de trabajo seran:  ________________________________________________________________

 

 

El suelda sera el incado por la Ley Federal de Trbajo para esta zona, cualquier cantidad mayor del salario

minimo sera considerada como bonficacion voluntaria porparte del patron (a).

 

 

Municipo de Chapala, Jalisco, a de________________________ de 200_

 

Firman de Conformidad

 

 

 

___________________________________                                        _____________________________________

 

                     Trabajador (a)                                                                                          Patron (a)

 

 

 

 

Loosely translated it is Patron-employer, Trabjador - worker, Tipo, type of employment for example maid,

Lugar del trabajo:  place of employment- your address,  Los dios de trabajo seran: the days they work,

los horas de seran the hours they work.

 

 

          

The text below is the form used when you terminate an employee. It is VERY important that both you and the employee fill out, sign and keep a copy of this form.  With a signed copy of this form it is very hard for an employee to sue after being terminated saying he was not given his severance.

 

 

 

 

 

Siendo las 12: 00 horas del dia   , de    del 2004, comparecieron en esta oficina por una parte la persona que dijo llamarse        en su caracter de trabajador, y por otra parte que dijo llamarse el       en su caracter de Patron, mayores de edad, habiles para contratarse y obligarse, Quienes manifestaron haber celebrado un convenio, el cual sujetan a las siguientes:

 

CLAUSULAS

 

PRIMERA. Manifiesta el Trabajador que desde hace   ano       meses ha venido prestando sus servicios como camarista en la casa                    , en Ajijic, Jalisco.

 

SEGUNDA. Por su parte manifiesta el Patron que efectivamente desde ese tiempo senalado por el Trabajador ha venido utilizando sus servicios de este en la actividad y lugar que los mismos refieren.                                        

 

TERCERA. Manifiestan los comparecientes ser por su voluntad dar por terminada la relacion de trabajo que tenian establecida de conformidad por lo dispuesto por la fraccion I del Articulo 53 de la Ley Federal del Trabajador, entregando el Patron al Trabajador la cantidad de                                                                                   ($paid MN. ).

 

CUARTA. EI Trabajador recibe de conformidad y a su entera satisfaccion la cantidad indicada en la clausula anterior, manifestando que durante el tiempo que estuvo prestando sus servicios, nunca sufrio ninguna enfermedad del tipo profesional, asi como siempre recibio su salario con puntualidad y todas y cada unas de sus prestaciones por lo que no tiene ninguna reclamacion que hacer.

 

Leido que fue el convenio por las partes, enterados de su contenido lo aprobaron y firmaron de Conformidad.

 

Ajijic, Jalisco, a   de      del 200

 

 

 

 

-----------------------------------------------------                 ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑

Trabajador                                                                   Testigo

 

 

 

 

 

 

________________________________                    _______________________________

Patron                                                                          Testigo