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Severence of maid


sunshine1
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There is a formula but I doubt it considers a 4-hour work week.   I personally would tell her I wanted to give her a going-away present.   Then ask her what she needs around her house.  Her answer will be tale-tell to her character.   Then I'd buy her whatever according to her classiness, or lack of it.

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no matter how many others living as neighbors in a complex and employing this maid she is not a "shared employee" --unless there's a written agreement saying so. i.ve never heard of such.

the severance  pay is based on her salary for hours worked and the length of time she was employed.

a lawyer can give you the termination terms if you want to be sure. it's best to pay what is due.

lexy

 

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12 minutes ago, modeeper said:

There is a formula but I doubt it considers a 4-hour work week.   I personally would tell her I wanted to give her a going-away present.   Then ask her what she needs around her house.  Her answer will be tale-tell to her character.   Then I'd buy her whatever according to her classiness, or lack of it.

what is really telling of character and classiness--or lack of it-- is this obnoxious  suggestion.

lexy

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39 minutes ago, Lexy said:

a lawyer can give you the termination terms if you want to be sure. it's best to pay what is due.

A lawyer?  Swatting flies with a shotgun?   This is why I love this forum.  Whenever I get to feel a little out touch I just come here, and after a few minutes reading I feel okay.    

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Enough nonsense, here is the requirement, by Rollybrook: http://www.rollybrook.com/employee-pay.htm

Termination Pay:

The labor laws are very pro worker.  Nowhere is this more evident than in the draconian termination law.   When an employee is terminated, he is entitled to termination pay; unless:

1.  The employment was for a specified period of time, such as while building a house, or for house sitting for the winter while the owner is away, etc.  It is best to have the time stipulation in writing.

2.  For just cause.  This is a very complicated issue, and you may need the help of a labor lawyer if the employee appeals to the labor review board.  Just cause is spelled out in detail in the law. 

The termination pay shall include 3-months salary plus 20 days for each year worked plus prorated vacation and Christmas pay. 

20 days 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 not $50.  It is 100/7 = $14.29.  So her termination pay will be (13 x 100) + (20 x 14.29 x 4) = 1300 + 1143.20 =  $2443.20 plus any Christmas and vacation pay that may be due.

If this termination package cannot be paid at the time of termination, regular salary shall continue until the termination is paid in full.

If the employee quits voluntarily, termination pay is not required.  A common tactic to avoid termination pay is to induce the employee to quit.  One must take care with this because the law cited above spells out what an employer cannot do to harass a worker and his family.

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Thank you Angus - I had seen that formula on Rollybrook;s website and just wanted to make sure it was current.   Do you have any idea what would happen if this maid was kept on, but was no longer required twice a week, but was needed only once a month.  Is there any compensation to be paid under this circumstance.

 

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You would have to terminate her and pay her what is due and then hire her as a new employee. You cannot escape what she is legally owed by reducing her hours,  but you can offer her a new job with a change in her hours and or pay after you pay what you legally owe her for termination. You are not allowed to reduce her hours on the same job. It's quite clear what you are trying to do and, fortunately, the labor laws will protect your employee should you choose not to follow them.

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Getting a lawyer to do this is not at all expensive. Following the formula and getting the documentation done correctly is not only a good idea from a legal perspective it is the right thing to do. It is pretty simple. Or you can go the obnoxious route.

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18 minutes ago, REC said:

Getting a lawyer to do this is not at all expensive. Following the formula and getting the documentation done correctly is not only a good idea from a legal perspective it is the right thing to do. It is pretty simple. Or you can go the obnoxious route.

It is worth it to have a lawyer drawn up a finiquito for the employee go sign to avoid being sued later.  Yes, it does happen.

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