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firing an employee

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can you recommend a Lawyer?  or do I have to go to a Labor Office to do that? if so, where is it?  

  TIA.

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Spencer McMullen can prepare finiquitos for employees. He posts as Intercasa on this forum with all his contact numbers.

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Is there a Labor Office in Chapala?

 

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You would be well advised to contact a lawyer to take care of this. Do not deal with the  Labor Office, the Labor Office normally helps those who get fired and are not properly paid the severance that is due them. There are several lawyers that can prepare the proper documents for you. This could bite you in the ### if you do not take care of it properly. That is experience talking!

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If you are firing for cause you only have a limited amount of time to make a report to the LABOR BOARD, if you do not make this report in time it does not matter if you have a valid

reason for  firing the employee you will have to pay full compensation . The employee can lie threw their teeth if you do not file with the labor board in time you cannot even present proof of their wrong doing ( even proof of their theft ) All the rights are with the employee and the labor lawyers share in the monies you are now forced to pay the fired employee so they are not much help.  They really go after the Gringo employers.   Good luck.

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Per Rollybrook (RIP):

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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The advice to use a lawyer is right on target. What they can do for you is to explain the applicable laws, accurately calculate the amount due, prepare the equivalent of a "release" (finquito), have the employ sign that final document (and witness the signing) and file the paperwork on your behalf. We had to get rid of a gardener when we got here and it was quick, painless and not at all expensive.

Several lawyers in the area including Spencer who is mentioned in an earlier response. We used Azucena Bateman in Ajijic but there are several excellent options. Definitely not something you want to do on your own or a place to cut corners no matter the circumstances under which an employee leaves. Even if the employee "quits" you really want to do the paperwork absolutely correctly.

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Don't even think about not getting professional help with this and sure don't go to any government agency by yourself.  They are NOT on your side they are on the worker's side!  Get help before you let this person know they are being fired.

 

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