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Aguinaldo & vacation pay

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I am still using Rolly's website to calculate the above payments due to my cleaning lady and gardener.

Does anyone know if there have been any changes to the formula calculations?

Muchas gracias.

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Here is the formula to calculate an aquinaldo. It was sent out on the Guanajuato forum by a knowledgeable person.

Aguinaldo (Christmas Bonus)


Aguinaldo must be paid before the
20th of December
. Aguinaldo must be paid in cash; gifts, Christmas baskets, and other presents do not fulfill the requirement.


Aguinaldo must equal the
amount the employee would earn in 15 days
. To calculate the amount for a part-time employee, divide the number of days worked during the year past by 365. Multiply that figure by 15 x the daily salary to determine the amount of the aguinaldo.


Examples:


If you have an employee who works one day a week for $50 pesos:

52/365 x 15 x 50 = $106.85 pesos


If the worker is paid by the week and has worked a full year, use a multiplier of 2.14 to make the math easier. If the worker is paid $500 pesos per week, then it is $500 x 2 .14 = $1070 pesos


If the weekly worker has not worked a full year, divide the number of weeks worked by 52.14 x 15 x the daily salary (weekly salary divided by 7) to determine the amount of the aguinaldo.
Lady B

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I am still using Rolly's website to calculate the above payments due to my cleaning lady and gardener.

Does anyone know if there have been any changes to the formula calculations?

Muchas gracias.

I'm using Rolly's calculations too, which are the same as Lady B's. I too am interested to hear if those calculations are still valid.

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"quince dias" is a common way in Spanish to say two weeks. For the math challenged, most people are OK with whatever their wages would have been over a two week period. Of course, you can give more if you wish.

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Here is the official Mexican Government website. http://www.profedet.gob.mx/profedet/prensa/preguntas_aguinaldo.html

In Spanish but pretty easy to understand and clearly says 15 days.Not a big difference in the calculation using 14 or 15 days but 15 days is correct; Just use Rolly's formulas and you will get it right - and don't forget to include the vacation pay section too,

¿A cuántos días de aguinaldo tengo derecho de conformidad con la Ley Federal del Trabajo?

El monto mínimo es de 15 días de salario; o si no se trabajó el año completo, a la parte proporcional.

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I say again, quince dias is a way of saying 2 weeks. And I say again the calculation is made with 14.

It would be interesting to find out how many cases wound up before the labor board when the dispute would have been over 15 days or two weeks......not many I suspect. I have used 2 weeks as a base for aguinaldos (in cash) for employees for close to 40 years and have never had a problem. Of course, you can give more or other types of Christmas gifts, which I usually do.

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Where do I locate Rollys website to get the information on vacation pay. I have to look this up every year.

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I think I've posted this each time this question comes up during the past several years. I have a friend who is a lawyer in Guadalajara in the labor branch of the Poder Judicial de la Federación.

I have asked him the question of aguinaldo various times, usually giving specific examples of weekly salaries I pay my help. Here was his answer a year ago about how much aguinaldo to pay my gardener, who earns 250 pesos per week:

"El aguinaldo correcto que debes pagarle a tu jardinero son 500 ya que corresponden a 2 semanas de trabajo. Son 15 días aunque hay patrones que pagan mas de 15 dias pero eso es dependiendo de cada quien. la ley exige 15 dias de salario."

He certainly appears to believe that the 15 days specified in Mexican law is exactly the same as two weeks, which makes perfect sense given that in Mexican Spanish "ocho dias" is one week and "quince dias" is two weeks. I believe Rolly Brook's formula is a misinterpretation of what "quince dias" means in Mexico. Of course, you can pay whatever aguinaldo you want as long as it is at least two weeks pay.

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My web site has lots of information re: employees.

http://www.soniadiaz.mx/employees.html

En México, la Ley Federal del Trabajo, en su artículo 87:

Los trabajadores tendrán derecho a un aguinaldo anual que deberá pagarse antes del día veinte de diciembre, equivalente a quince días de salario, por lo menos.

Los que no hayan cumplido el año de servicios, independientemente de que se encuentren laborando o no en la fecha de liquidación del aguinaldo, tendrán derecho a que se les pague la parte proporcional del mismo, conforme al tiempo que hubieren trabajado, cualquiera que fuere éste.

And: http://salariominimo.com.mx/calculo-de-aguinaldo/

There it is calculated and they use 1/2 of a typical month which is 15 days.

I have worked in several HR postions and we always used the 15 days.

saludos

Sonia

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Exactly. Gracias BD

edit. following quote didn't appear

...15 days specified in Mexican law is exactly the same as two weeks, which makes perfect sense given that in Mexican Spanish "ocho dias" is one week and "quince dias" is two weeks.

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This linguistic problem is common from one language to another, where literal translation is not appropriate. The Bible is a good example: “ A long time in the desert“ became “40 days in the desert“, in English, simply because the original language uses 40 days to mean a long time; it does not mean exactly 40 days unless it is stated as exactly 40 days. Similarly, there is a saying that a cup of coffee signifies 40 years of friendship, which really means a long friendship, etc. So, one can say that 40 is a lot, or many, or long.

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As I had an appointment with Yoly at her salon in Plaza Buganbilias this morning, I asked her how much Aguinaldo should be and her simple answer was "Two weeks." She is president of the local chamber of commerce as well as an employer. I choose to believe her and my lawyer friend who works in the labor branch of the federal court system rather than some foreigner's interpretation of what Mexican law says. Of course you can pay as much as you want OVER the minimum Aguinaldo. That is your choice. Vacation pay is separate from Aguinaldo and is figured on how long the employee has worked for you and if he/she took paid vacation during the year.

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Sonia offered this explanation in April 2015 what what a salario diario is, which is the daily rate that is paid for the 15 days of Aguinaldo + plus whatever vacation days that are also owed:

.

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

.
Sonia,
Are you now advocating using the monthly salary divided by two (which you quote in your link in the earlier post in this thread),

or do you advise clients to follow the "equivalente a quince días de salario" that you quote from the Ley
de Trabajo above and also in your April 2015 post on Salario Diarios ?

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As some people advise treating "15 days" listed in the Ley de Trabajo law, as if it were somehow exactly 2 weeks, how do you then justify the numbers of vacation days also listed in the Ley de Trabajo:

that are owed to our workers, where the legally required calculated amounts clash with the "quince dias = 2 weeks) opinions

“Daily Rates” payouts required for Vacation Pay for Mexican Workers.

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

Notice that the Ley de Trabajo considers 1 day of pay of the "Salario Diario" to be ... 1 day...

which negates the opinion that "15 days must somehow equal 2 weeks".


The "15 days = 2 weeks" opinion also runs-counter and runs-afoul of the Ley de Trabajo's required payments for "Finiquitos".

The "15 days = 2 weeks" fudged opinion further runs-counter to the published Ley de Trabajo's required payments for "LIQUIDACION + 20 DIAS" ...

and the "15 days = 2 weeks" opinion also runs counter to the Ley de Trabajo's "Salario Diario Integrado" payment calculations.

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As some people advise treating "15 days" listed in the Ley de Trabajo law, as if it were somehow exactly 2 weeks, how do you then justify the numbers of vacation days also listed in the Ley de Trabajo:

that are owed to our workers, where the legally required calculated amounts clash with the "quince dias = 2 weeks) opinions

Daily Rates payouts required for Vacation Pay for Mexican Workers.

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

Notice that the Ley de Trabajo considers 1 day of pay of the "Salario Diario" to be ... 1 day...

which negates the opinion that "15 days must somehow equal 2 weeks".

The "15 days = 2 weeks" opinion also runs-counter and runs-afoul of the Ley de Trabajo's required payments for "Finiquitos".

The "15 days = 2 weeks" fudged opinion further runs-counter to the published Ley de Trabajo's required payments for "LIQUIDACION + 20 DIAS" ...

and the "15 days = 2 weeks" opinion also runs counter to the Ley de Trabajo's "Salario Diario Integrado" payment calculations.

Based on the above, I am confused on vacation pay. My maid has worked for me 2 years, one day a week. You pay her 250 a week for one day. Does this mean I have to pay her 8 x 250=2000pesos? Doesn't seem right.

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