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Aguinaldo & vacation pay for irregular pay


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My gardeners do their gardening bit on a regular basis and I can figure out the aguinaldo and vacation pay for that. This year they have done quite a bit of irregular work-repairing salitre, painting etc. for which they were paid separately by the hour. How do you calculate aguinaldo and vacation pay for the irregular work. Rolly Brook doesn't seem to mention that. 

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I would distinguish between their salary for their employee relationship for gardening, and their irregular contracting (non-employee) work for odd jobs, but am not sure how the gardeners' guild would view this.

In the future you should pay them for non-gardening work by the job (not by the hour).

 

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3 minutes ago, Bisbee Gal said:

I would distinguish between their salary for their employee relationship for gardening, and their irregular contracting (non-employee) work for odd jobs, but am not sure how the gardeners' guild would view this.

In the future you should pay them for non-gardening work by the job (not by the hour).

 

Thanks, but I find it much better to pay by the hour as many contractors do. How to pay aguinaldo and vacation pay for this was my question.

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 Did you itemize or otherwise document in writing, the monies paid for the construction work?  If you did, I would view that as monies paid outside their employment with you.  Others,  including the gardeners may disagree.  Just my 2 centavos.  

If OTOH you feel the pay for hours worked painting, construction were a part of their salary, you could add up those payments and divide it over 52 weeks and add it to their weekly salary before calculating the aguinaldo and vacation pay.  

 

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Yes I have kept track of hours (money) paid to do painting and salitre work. That is how they wanted it-separate. Are you saying you don't pay Aguinaldo and vacation on this. " If OTOH you feel the pay for hours worked painting, construction were a part of their salary, you could add up those payments and divide it over 52 weeks and add it to their weekly salary before calculating the aguinaldo and vacation pay."  That might be the solution.

 

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Just saying that if you hired someone else to paint/construct, you would not pay aguinaldo or vacation pay.  Did you pay them their regular hourly rate or a different amount?  Can you legally segregate xx hours for odd jobs from their salaries as gardeners.....not sure.   Maybe Spencer will chime in.  

I have paid our gardener for extra work (hauling crap in his truck)...but we paid him by the job and paid him then and there, not with his weekly salary.  Happened 2 or 3 times a year and I never considered it part of his salary.  But it was de minimis amounts (a few hundred pesos each time).

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They were paid the same rate for gardening and painting. Yes I can separate the hours.

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11 minutes ago, Yo1 said:

The irregular work is not subject to aguinaldo or vacation because it's by the job even if you pay by the hour.  Sort of like a contract to work until that specific job is done.

Weird but interesting.

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1 hour ago, cedros said:

Sounds reasonable

What is reasonable is the system used in the U.S. and Canada (and probably in Mexico, just not widely enforced). There are employees, dependent contractors, and independent contractors. The hourly wage and who supplies the tools is usually the deciding factor - if you ask someone to come to work at certain times, the tax people consider that to be an employee or dependent contractor. If you say go paint that wall over there and I will pay you $10 plus materials. Then they are an independent contractor and entitled to a wide range of tax deductions, especially if they own their own tools and equipment. This is the simplest explanation, but it can get real complicated, real fast.

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Thanks to all for cluing me in. I have figured out what to do. I will pay them a big bonus just to be sure. 

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Just a suggestion.  We pay Aguinaldo, of course, but we also yearly bonus/holiday gift our workers and do that as a New Year gift.  We found early on that they often used all available cash for the holidays and then when water bills and taxes hit in January they were strapped financially and couldn't take advantage of the discounts.   Now we separate the payments and pay Aguinaldo on Dec 5 then pay their yearly bonus on January 6.  And we pay vacation time the 3rd night of San Andres festival in November.  So essentially there are hunks coming their way November, December and January.  I also might note we contract our employees and they know this from day one AND we never lend money.  We have gifted some, but we never ever lend it.  Happy holidays.

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It would no more occur to me to pay a contracted worker an aguinaldo, than paying same to the guy who fixes my washing machine. The lady who cleans for me gets her aguinaldo and a bonus at the same time, always in the form of a WalMart gift card (many reports of family members and ex-husbands digging around for cash...). She loves the gift card and reports what special things she bought: one year it was fluffy PJs for the whole family.

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18 hours ago, Yo1 said:

The irregular work is not subject to aguinaldo or vacation because it's by the job even if you pay by the hour.  Sort of like a contract to work until that specific job is done.

This is the same advice given to us by a local attorney.  ComputerGuy makes a valid point confirming this also.

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Two separate Mexican labor attorneys have advised us that one distinction between independent contractors efforts (projects?) versus household 'employees' is whether you direct them in their efforts.   Notice that mozos (guys who do small painting jobs, small plumbing repairs, etc) ARE owed Aguinaldos & vacation pay for those extra projects.

When we bring in a plumber or electrician,  we generally discuss our overall need or problem or desire,  and then allow that professional to do their job~project.   

In contrast,  with a mozo, muchacha or other semi-regular employee (like a cleaning worman),  we give instructions on how we want the job done.   The key is in whether we direct them, (giving instructions etc)  or whether they are obviously acting as a professional welder,  professional painter,  professional electrician/plumber.   The professionals who act without direction are contractors.  

@cedros   It sounds like you are using your part-time employee as a mozo ... where you give him some direction.   This would mean you owe them both Aguinaldo & vacation pay.    Since both Vacation pay (and paid time off)  and Aguinaldo payments are quite small,   likely less than $50 US dollars combined.

The way to determine both Aguinaldo & Vacation Payments is straignt-forward, if you ignore Rollybrook's 8 yr old overly-simplified advice.   Instead, calculate the employees 'Daily Rate', based on their annual income.   The annual 'Daily Rate' for these irregularly scheduled - irregularly paid employees (like a mozo)  is straightforward:   Sum their total Annual Pay,  and divide that figure by 365 days = Daily Rate.

Aguinaldo Payment =  15 days  x  Daily Rate

Vacation Pay (including paid time off) = # days Vacation Pay owed   x   Daily Rate

Annual Vacation Days Owed
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

Happy Holidays !

from:  https://yucalandia.com/2017/11/21/8174/

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I don't buy it, and I won't pay aguinaldos to anyone I hire to do a one-off job. Including plumbers. I direct everyone, even if just a little bit. Including the lady who cleans my house. But since I see her twice a week, I treat her as someone who deserves a bonus. If the guy who repairs my tile countertop is a pro, and I have him in for a quick fix, I may give him a tip for a job well done... but there will be no aguinaldo or year-end bonus from me. I'm not being a jerk: I'm using common sense.

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