Earl Posted May 18, 2017 Report Share Posted May 18, 2017 Is there a ready-to-use, standard agreement form to use with maids and gardeners. I will soon be hiring a maid and want to start off right. If there is no such form, what should I include: hours per week, hourly rate, bus fare, duties.....what else? I've been told to also have them sign when they receive their pay. Thanks for help and insights. Link to comment Share on other sites More sharing options...
sm1mex Posted May 18, 2017 Report Share Posted May 18, 2017 We had a legal contract drawn up by an attorney for our maid and gardener. They are contract labor and NOT employees. When we had to get rid of a maid with sticky fingers, we did not renew her contract and it saved us big time. We did not have to pay her off to get rid of her. It is renewed every year unless you do not want to keep them on. Then you do not renew the contract and they are gone. Link to comment Share on other sites More sharing options...
captnaselli Posted May 19, 2017 Report Share Posted May 19, 2017 Would you be willing to share this document with me? I would appreciate same. Captain Joseph Naselli Link to comment Share on other sites More sharing options...
Earl Posted May 20, 2017 Author Report Share Posted May 20, 2017 Which lawyer did you go to sm1 mex? Link to comment Share on other sites More sharing options...
sm1mex Posted May 20, 2017 Report Share Posted May 20, 2017 Earl: Sent you a p.m. Captnaselli: Also sent you a p.m. Link to comment Share on other sites More sharing options...
bezerk Posted May 31, 2017 Report Share Posted May 31, 2017 Would love more info on this if you are willing to share via PM, or to tel name of lawyer..thanks so much in advance. Link to comment Share on other sites More sharing options...
Sonia Posted May 31, 2017 Report Share Posted May 31, 2017 Based on my many years in HR along with my husband having been in HR at a senior level in the US and Canada, to the OP, a contract is very wise. It establishes duties, start date, rate of pay, handling keys, access to property and more. Otherwise, employer's word vs employee's. Without one it can be very difficult to win at a labor board and more so as an expat. The labor board in Celaya where employees go with issues from San Miguel a one year contract will not hold water. Should you terminate the labor board will apply all the rules be the employee one for 10 years or one with 10, 1-year contracts. I have produced contracts for employers in many parts of Mexico and never for 1 year. The trial period for most employees is 30 days. If one terminates for cause follow the law and in all cases pay what is due. Why would one want to cheat an employee and play games with 1-year contracts? :-( http://www.soniadiaz.mx/-employees.html Link to comment Share on other sites More sharing options...
Al Berca Posted May 31, 2017 Report Share Posted May 31, 2017 On May 18, 2017 at 0:10 PM, sm1mex said: We had a legal contract drawn up by an attorney for our maid and gardener. They are contract labor and NOT employees. When we had to get rid of a maid with sticky fingers, we did not renew her contract and it saved us big time. We did not have to pay her off to get rid of her. It is renewed every year unless you do not want to keep them on. Then you do not renew the contract and they are gone. This is wrong on so many levels, morally if not legally. Clearly an attempt to circumvent the laws that were designed to protect employees in order to cheat them out of legally earned income and benefits. See Sonia's post above. Link to comment Share on other sites More sharing options...
NLU Posted May 31, 2017 Report Share Posted May 31, 2017 Any attempt to circumvent the laws that were designed to protect employees in order to cheat them out of legally earned income is wrong , morally if not legally. However, I don't think the OP did that, though maybe that was the OP's original intent. "We had a legal contract drawn up by an attorney for our maid and gardener. They are contract labor and NOT employees. When we had to get rid of a maid with sticky fingers, we did not renew her contract and it saved us big time. We did not have to pay her off to get rid of her." The issue here is not just the 'contract,' but also the 'sticky fingers.' Link to comment Share on other sites More sharing options...
Sonia Posted May 31, 2017 Report Share Posted May 31, 2017 I would love to see how those who use the term "contract labor" define that vs an employee. A person who comes to work for you one or more days a week, same day/s, same time, week in and week out is NOT contract labor. If this is the situation then using the term "contract labor" and one year contracts is simply trying to take advantage of an employee who needs work and likely has little education. Maybe that makes someone feel good having done so. When I see employees taken advantage of in this manner I send them to the labor board. They always win. A contractor issues proper legal receipts, maintains the right to decide where, when and how the work will be done. A contractor is responsible for planning the work to be done, choosing the hours of work, and/or setting the standards to be met. A contractor supplies own tools and has the possibility of making a profit or incurring a loss or delays .A contractor covers the operating costs. That is not a maid or gardener. And it has nothing to do with "sticky fingers" even IF true. But you have to prove it to legally terminate without payouts. Again, I suggest some need to read here: http://www.soniadiaz.mx/-employees.html Link to comment Share on other sites More sharing options...
daisy2013 Posted May 31, 2017 Report Share Posted May 31, 2017 I was told by local attorneys that you still owe finiquito if hiring them long term. They can then go to GDL and file for termination pay. You hire someone long term you owe. In reality it is so little in usd why cheat them or short them I should say. Link to comment Share on other sites More sharing options...
Intercasa Posted May 31, 2017 Report Share Posted May 31, 2017 Legal presumptions would trump this sort of contract, same as the 28 day contracts they use. Law favors the workers and best to have a proper strict contract drawn up, your workers are employees unless they work for many others and they issue you facturas and even then it can be tough. Link to comment Share on other sites More sharing options...
betty7 Posted May 31, 2017 Report Share Posted May 31, 2017 solution: i have used several workers who would come when i needed them. no special days, no special hours no written agreements. no problems. yard men, gardeners, sometimes a maid. when they were slow or had time after their regular jobs, they were happy to pick up extra cash. it could be anywhere from 2 x that week, and not calling them for another month. worked for me. should have done this w/my regular maid. Link to comment Share on other sites More sharing options...
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