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Finiquito for part-time maid

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We are renters. Cleaning service originally came with the apartment (and was on the lease) but the owner changed their mind and we have been paying the maid directly since August. So seven months, one hour per week.

We are moving to another city. The building owner will spend a few months renovating our apartment before reletting it. But as best I can tell we will, in fact, owe the maid a finiquito.

I tried running these numbers through an online Finiquito calculator and it looks like we will owe her a bit over $2000 pesos. Does this sound about right? Just want a general idea, no legally binding opinions expected or required. :)

Gracias

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Unless you hired her you are not her employer and you owe her nothing, the owner does. However, 2000 pesos is a wonderful gesture and will probably mean a lot to her.

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If you have been paying her directly, you do owe her that legally obligated finiquito.  $2000 seems about right. If she has been really good, and you know she must find new work ASAP, you might even give her more; as a separate 'bonus' with your thanks and in a nice card.

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7 months, 1 hour per week doesn't give enough info to say whether the 2000 pesos is more or less correct, as the finiquito is based on what you have been paying her. If you've been paying her 70 pesos an hour, for instance, 2000 pesos seems extremely high- it would be more than you've already paid her in total for 7 months work.

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This is copied from Rolly's website and I believe it is still correct.

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.

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

On a related note, when selling a home at least in San Miguel notaries always make sure the maids, gardeners etc are terminated to ensure the buyer of the house is not required too pay severance from the date of employment at the property. This is even when the buyer of the property plans to retain the employee. 

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I tried a couple of the online calculators and they produced figures that were astronomic compared with Rolly's. Probably my errors but better to check!!

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I agree with Al Berca, Mudgirl, RVGringo and Wookie, etc. Each has solid points.

It's very kind and generous of you to pay the cleaning lady even though it wasn't in your contract. She derserves to get paid for her work 🙂

2000 pesos sounds right if you've been paying her about 108 pesos/1 hour/per week.

All that included already based on the Mexican Labor Law:
1) 3 months pay
2) 20 days each year worked (At daily rate 15.43)
3) Prorated vacation (less than a year)
4) Christmas bonus (I counted 3 quarters)

(Total would be 1300 if hourly pay was 70 pesos at daily rate 10 pesos.)

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Part time staff may be paid but not obligated to be paid Aguinaldo.

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38 minutes ago, Lily H said:

The OP's part time maid comes regularly and weekly - one hour per week.

Therefore, her aguinaldo is mandatory. ALL employees are entitled to it.

(Only irregular workers are not required to get aguinaldo.)

ALL employees are entitled to vacation pay and termination pay, as well.

 

ALL employees (including part time maids and gardeners) are entitled to aguinaldo, finiquito and vacation pay.

It is maybe a common practice that part time workers are not getting paid of those benefits, but certainly NOT legal practice.

In a case of gray area, it pays to stay in a healthy employer and employee relationship.

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We paid our ayudante of many years $40,000 MX when we moved...he was surprised and VERY grateful.  It was the right thing to do.  Also paid our cleaning lady...I thought she was going to cry....it was the right thing to do.

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Vacation pay for part-time workers is required by law. Aguinaldo is NOT!!!

LEY FEDERAL DEL TRABAJO

 

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The law did not distinguish full or part time holdhold workers' aguinaldo pay. Therefore, part time workers deserve it.

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14 minutes ago, Sonia said:

Vacation pay for part-time workers is required by law. Aguinaldo is NOT!!!

LEY FEDERAL DEL TRABAJO

 

The OP asked about finiquito, what about that, please?

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The law did not distinguish full or part time holdhold workers' aguinaldo pay. Therefore, part time workers deserve it.

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9 minutes ago, AngusMactavish said:

The OP asked about finiquito, what about that, please?

That was answered the last few days.

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9 minutes ago, Lily H said:

That was answered the last few days.

Where oh where, please, even though I didn't ask you?

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57 minutes ago, Sonia said:

Vacation pay for part-time workers is required by law. Aguinaldo is NOT!!!

LEY FEDERAL DEL TRABAJO

 

The OP asked about finiquito, what about that, please, Sonia?

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Sonia,

I respect you a lot and I know you help many people. Kudos to you on that!

However, I am convinced the law treats Full TIME and PART TIME holdhold workers the SAME on all the following pays: finiquito, vavation and aguinaldo.

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On 3/31/2019 at 12:21 PM, Sonia said:

Vacation pay for part-time workers is required by law. Aguinaldo is NOT!!!

LEY FEDERAL DEL TRABAJO

 

Sonia,

I'm glad you've changed your website information to: aguinaldo is "to be paid to all employees".

 

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Even though it seems to be a reasonably affordable expense I would strongly suggest you have an attorney draw up the finquito and calculate the payment. The employee should go to the attorney's office and sign the finquito in their presence. And the attorney will hand them the money. Perhaps not absolutely necessary as you are leaving the area but it is pretty inexpensive "insurance" making sure it is calculated correctly and documented correctly. Pretty simple and no lingering doubts or concerns.

Several suggestions for attorneys in many threads on this subject on this web board. You really can't go wrong by doing it right.

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