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Calculating severance for maid


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Is this your decision or your housekeeper's? If it is your decision I strongly suggest that you get legal advice. I used Azucena Bateman and I was very, very happy with her. This was a difficult separation and Azucena handled the documentation, the meeting with the employee and his lawyer, negotiated with severance, and got me a a signed finiquito with elements I might not have considered, such as a photocopy of the employee's ID, and a promise of no more legal action. He got what was legally coming to him, but no more.

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Agree with the Gospel of Rollybrook for just about anything including this. Also a good time of year to use his references

to the REQUIRED BY LAW amount to give maid and gardener re Aguinaldo, vacation pay, date it must be paid in December, etc

which seems to be a puzzle to many posters asking for "suggestions" or "what do some of you do" etc.

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  • 4 months later...

I read on this forum a while back that the rule for severance pay for gardeners and maids had changed. I'd like to give my part-time gardener all that he is due in severance pay, as I must let him go. I'm moving and my new place already has a part-time gardener. (Besides it's too far for my present gardener to travel from San Juan Cosala.)

Can anyone tell me definitely the current formula for severance pay? (I would refer to Wally's information, but it might be out of date if the rules have changed recently.)

Lexy

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This is where you calculate termination pay. If the person quits amount owing is very little and select under CALCULAR: " SOLO FINIQUITO".

LIQUIDACION + 20 DIAS is an outright termination without documented cause.

LIQUIDACION is a mutually agreed 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. That is 700 pesos divided by 7 for a daily rate of 100 pesos.

Salario Diario Integrado: should be the same as daily rates (in this example it is 100 pesos) unless you are paying extra for healthcare etc.

Área geográfica donde trabajó is "B".

Zone “A” includes Mexico City, Monterrey, Acapulco, Guadalajara, etc and all of the states of Baja California and Baja California Sur.

http://www.nominax.com/CalculadoraFiniquitoLiquidación/tabid/132/Default.aspx

I encourage one prepares a termination letter with a copy and be sure it is signed and witnessed. If you want one please PM.

saludos

Sonia

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Is this your decision or your housekeeper's? If it is your decision I strongly suggest that you get legal advice. I used Azucena Bateman and I was very, very happy with her. This was a difficult separation and Azucena handled the documentation, the meeting with the employee and his lawyer, negotiated with severance, and got me a a signed finiquito with elements I might not have considered, such as a photocopy of the employee's ID, and a promise of no more legal action. He got what was legally coming to him, but no more.

Azucena is my attorney and I had to terminate my gardener and she drew up all the paperwork and I had no problem. I highly recommend her.

Buena suerte.

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This is where you calculate termination pay. If the person quits amount owing is very little and select under CALCULAR: " SOLO FINIQUITO".

LIQUIDACION + 20 DIAS is an outright termination without documented cause.

LIQUIDACION is a mutually agreed termination.

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 300 p / day. That is 700 pesos divided by 7 for a daily rate of 100 pesos.

...

I encourage one prepares a termination letter with a copy and be sure it is signed and witnessed. If you want one please PM.

saludos

Sonia

Is there a small typo in this example? "2 days a week and makes 300 p / day" would be $600 pesos per week.

I'd guess that you intended to say 2 days a week and makes $350 pesos/day , to give a $700 p weekly total, and $100 peso a day average to use in calculating a 20 day value of $2,000 pesos of termination.

Is there any adjustment for how long workers have been employed in the job?

Longer employment = a larger final payment?

Thanks for the very helpful and useful information.

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At the top of the site Sonia referred us to you enter the date the employee started working for you and it does the calculation and takes into account how long they have worked for you. The length of service is definitely a part of the calculation.

Be sure to work through the site to get an idea of the termination amount due. The "LIQUIDACION + 20 DIAS" works out to one amount for the LIQUIDACION portion PLUS 20 days - not JUST 20 days. This is a great resource to help us all understand the obligation we are creating when we hire people so there won't be any surprises when it is necessary to let them go - for any reason.

Thanks to Sonia for pointing us to this GREAT resource. I am always frustrated when people don't take this seriously and try to figure out a "workaround" to avoid paying the correct amount. We just really have to understand our responsibilities when we hire people and then live up to those responsibilities 100%. Just my opinion - and now I will step down from my soapbox.

Finally, very much agree with the recommendation to use Azucena. A great local resource who completely understands the law, takes care of all the details, does all the paperwork, treats everyone involved with respect - but also is more than capable and willing to handle a difficult situation when necessary. She handled a situation for us a few years ago perfectly. Couldn't have been happier.

I don't have direct. personal with Spencer on this issue but from all I have heard I am sure he is also a great option when you need to deal with this type of situation.

Definitely not something you should ignore, try to workaround or handle on your own. You definitely want to dot all the I's and cross all the T's and have all the details in writing signed by the employee. Oops - stepped back up on my soapbox again.

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This is where you calculate termination pay. If the person quits amount owing is very little and select under CALCULAR: " SOLO FINIQUITO".

LIQUIDACION + 20 DIAS is an outright termination without documented cause.

LIQUIDACION is a mutually agreed termination.

So in Lexie's case, where the reason for termination is that she's moving, is severance calculated as Liquidacion or Liquidacion + 20 Dias? Gracias.

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So in Lexie's case, where the reason for termination is that she's moving, is severance calculated as Liquidacion or Liquidacion + 20 Dias? Gracias.

Liquidacion + 20 days.

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The chart that Sonia provided is great! However, I haven't seen and do not understand what might happen or is supposed to happen when you move away from your home, yet the new owner wants to retain the workers. Are we still obligated for the finiquito or does something else take its place? I'm not trying to get out of paying what is due but at the same time, it is running upwards to $40,000 Mx since we've had them for over 15 years and I don't want to over pay either.

TIA!

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If you are selling the home, you need to do the finiquito formally discharging the employees. Then, the new owner may hire them with a new starting date. Your obligation cannot be transferred to the new owner.

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A third vote for Azucena determining this and writing a termination agreement. As a side note, if I knew ten years ago what I know now about the financial responsibility one can incur when terminating even a part time employee, I am not sure I would do it again. Before you hire anyone on a long term basis here make sure you know the full gamut of your potential obligations and responsibilities.

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Thanks much...when the time is final, we will do the proper paperwork and explain it all to the new owners.

Often a good notario will note the responsibility of the seller to ensure staff are paid their due amounts even in the situation you noted and that no obligation passes to the buyer.

Sonia

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It may seem to be a large lump sum to pay the finiquito, but is really must be amortized over the time you had the employee. If you have to pay, say $7000 pesos for a part time employee that you had for a decade, it really amounts to about $700 pesos per year, or $58 per month, or $15 per week, or a couple of pesos per day. How horrible is that? Yet, the lump sum is vitally important to the suddenly unemployed person, who will need to subsist until a new employer is found; not an easy task these days.

We happily paid the finiquitos to our maid and gardener, hoping that they find more work, and wishing we could do more, so we gave them lots of household stuff before we departed.

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  • 6 months later...

Azucena Bateman (Campos)

Ocampo #30, Ajijic

766 1654

legalabc@yahoo.com.mx

Thanks REC.

A reply email from Azucuena gives the following contact info so I guess she has moved but kept the same email and phone number.

Lic. Azucena Bateman Campos

Abogado/ Attorney at Law
ABC LEGAL
All your legal needs "as easy as ABC"
16 de Septiembre No. 11 Ajijic, Jalisco
Tel.- 01376 7661654

(Office Hours Monday thru Friday 9:30 am to 3:00 pm)

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Hola,

This should not be used as your final legal calculation but we put together a spreadsheet where you can get a very accurate amount and uploaded it to my website: Go here http://chapalahomesales.com/how-tos-2/and then click on these words: Calculate Domestic Staff Severance An excel spreadsheet will download and you will only need to fill in a few points (name, start date, weekly wage, do you have a contract, and have you paid vacations) and you will get a total.

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