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Is the law? Mandatory annual raises for maids & gardeners?


kimanjome
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Is it true that Mexican law requires an annual pay raise(January) for my maid and gardener? Both came to me today and jointly said that the Federal law requires a raise every January. 

We hired them almost two years ago and have given them a raise, once, of 6%, during those two years.  They were very appreciative, but told us the law says there must be a raise every year--however, it is for no specific amount, but at the discretion of the employer.

I can't find this law anywhere.

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Thanks. We are paying the:

maid--62 pesos an hour, plus 50 pesos extra cash on Fridays for "refrescos", plus all holidays,  plus 5 paid "personal leave days"every year which, if not taken, will be converted to a cash bonus. 

gardener--71 pesos an hour plus same benefits as maid

Also we pay above the aquinaldo, we pay a full months' salary. I think we are pretty generous. But I have been told by both maid and gardener that other employers are more generous.

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Maid = full time usually 5 1/2 days per week. Cleaning lady = part time contract work usually 4 to 8 hours per week. There is a big difference and possibly you should state what their status is to come up with some labor laws that apply to your situation. This includes IMSS payments as an employer. Inflation rate for 2018 was 6 percent - double previous years. All people we know increased salaries 6 percent Jan. 1 st. for full time employees. All pay IMSS medical for their family and IMSS pension to their full time employees by law. You did good with giving them a 6 percent raise in 2 years with  close to a 3 percent inflation rate annually. Possibly you might give them a 6 percent raise this year just to be nice. Then again I think differently than many people. The per hour wage you agreed upon originally shouldn't influence your now decision even if it seems alot but they are probably thinking of what other employees are doing now - not back 2 years ago.

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You could be spectacularly generous, and give the unwritten (?) 5% annual increase every year.  It would amount to maybe $1 USD per week, if your employee works just six hours, one day a week for you.  ✍️Higher math skills may be required.  :)

 

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There is no unwritten annual increase of any amount. There is what you believe is fair. There will be those who handle it well, and those who don't. The smart ones will ask around (note that the Original Poster was not looking for that information). The bossy ones will tell everyone else what to do.

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I've asked a friend in GDL what they think about the levels of pay here for maids and gardeners and her response was "very high compared to here (GDL) and most of Mexico."  Our friends from Oaxaca are quite amazed at the pay levels for these jobs here.  Typical there is half of what is typical there.

These jobs have mostly disappeared NOB precisely because costs and government hassles made them uneconomic for most people.  I fail to see how replicating this experience here would help the many people who need jobs.

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We resolved the maid situation with using Spring Clean.  We have used them for about 4 years and have been completely satisfied and they are reliable.  Our house cleaner comes every 2 weeks and Spring Clean brings her and picks her up and supplies all of the cleaning products.  A win, win for us.  No vacation pay and no Christmas bonus from us.  Spring Clean pays that.

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On 2/27/2019 at 1:15 PM, kimanjome said:

Thanks. We are paying the:

maid--62 pesos an hour, plus 50 pesos extra cash on Fridays for "refrescos", plus all holidays,  plus 5 paid "personal leave days"every year which, if not taken, will be converted to a cash bonus. 

gardener--71 pesos an hour plus same benefits as maid

Also we pay above the aquinaldo, we pay a full months' salary. I think we are pretty generous. But I have been told by both maid and gardener that other employers are more generous.

You are very generous and it sounds to me like they are a bit greedy.

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Cost of living is higher here than other parts of Mexico. Workers need to and expect to make more than in other places.

We have had the same housekeeper for 13 years with no problems whatsoever. Same gardener for 10 years with the same great experience. On the other hand our first gardener was very difficult to deal with and was always asking for more money, loans that he couldn't pay back, etc. We got rid of him with a lawyer's help and paid him exactly what he was owed in severance. Not a big deal at all.

We fully recognize that we are very lucky and that others have had very different experiences. Same thing happens all over the world.

Luckily there are options and each of us needs to figure out what works for them.

 

 

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On 2/27/2019 at 1:55 PM, AlanMexicali said:

Maid = full time usually 5 1/2 days per week. Cleaning lady = part time contract work usually 4 to 8 hours per week. There is a big difference and possibly you should state what their status is to come up with some labor laws that apply to your situation. This includes IMSS payments as an employer. Inflation rate for 2018 was 6 percent - double previous years. All people we know increased salaries 6 percent Jan. 1 st. for full time employees. All pay IMSS medical for their family and IMSS pension to their full time employees by law. You did good with giving them a 6 percent raise in 2 years with  close to a 3 percent inflation rate annually. Possibly you might give them a 6 percent raise this year just to be nice. Then again I think differently than many people. The per hour wage you agreed upon originally shouldn't influence your now decision even if it seems alot but they are probably thinking of what other employees are doing now - not back 2 years ago.

Alan,

"labor laws ...include IMSS payments as an employer"   Is this only for full time work?

By law, is all of what you have said above for full time workers only?  Everything else is discretion by employer?

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51 minutes ago, bdmowers said:

Alan,

"labor laws ...include IMSS payments as an employer"   Is this only for full time work?

By law, is all of what you have said above for full time workers only?  Everything else is discretion by employer?

Google Translation:

"SOCIAL SECURITY LAW
New Law published in the Official Gazette of the Federation on December 21, 1995
CURRENT TEXT
Last reform published DOF 22-06-2018

Article 15. Employers are required to:
I. Register and register your workers in the Institute, communicate their registrations and withdrawals,
Changes in your salary and other data, within periods of no more than five days
skilled;
Reformed fraction DOF 20-12-2001
II. Keep records, such as payroll and list...

1. Of the parties to the contract: Name, denomination or company name; kind of moral person of
in question, if applicable; social object; social, fiscal and, where appropriate, conventional domicile for
effects of the contract; number of the Federal Register of Taxpayers and Employer Registration before
the IMSS; data of its constitutive act, such as public deed number, date, name of the
public notary that attests to the same, number of the notary and city to which it corresponds,
section, item, volume, page or business page, if applicable, and date of registration in the Registry
Public Property and Commerce; name of the legal representatives of the parties that
they signed the contract.
Added fraction DOF 09-07-2009
II. Of the contract: Object; validity period; profiles, positions or categories indicating in this case if
It is about operational, administrative or professional staff and the estimated monthly number of
workers or other insurance subjects that will be made available to the beneficiary of
the services or jobs contracted.
Added fraction DOF 09-07-2009
The employer shall include for each of its workers, the name of the beneficiary of the services or
jobs contracted in the computer system authorized by the Institute.
Paragraph added DOF 09-07-2009
When the employer is obliged to make available..."

Without a current and valid contract workers are not entitled to use arbritation to get settlements in their favor.

On the other hand employees are obligated to contract employees. If cash and a few hours per week is the situation I doubt anyone cares [ I could be wrong ] as it would not justify any person using laborers in this manor to pay IMSS medical for their family or paying into that worker's IMSS pension. That is how it has been explained to me from a few knowledgeable people.

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The above extraction from Mexican labor law pertains ONLY to FULL TIME EMPLOYEES.  Full time means working 5 and a half days a week, regular working hours.  This does NOT apply to part-time household help.  "Moral person" (persona moral) is a business; physical person (persona física) is an individual.  It is not necessary or required that one pay IMSS for a part-time worker or his/her family.

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