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Finiquito for part-time maid


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

LEY FEDERAL DEL TRABAJO

 

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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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  • 1 year later...

FINQUITO:  Housekeeper only comes when I ask her to.  When I have a rental turnover I say - can you clean Saturday?  She might say, no, but I can clean Sunday.  We work it out.  Or I say - do you want to spray wash the sidewalk?  Can you clean up the landscaping?  She says yes or no, and she says when.  I say what I want done.  I have mostly rented monthly or for 6 months, say (longish term).  Or, if I am living there, which I haven't in years, she sometimes has come more regularly for a month or five.  She has, of course, been invaluable to me, and she feels like a friend.  I want to give her what she is due, at least.  Possibly more.  But - -

I don't see how I can figure "hours per week" as sometimes I rent for 6 months and the renters have paid her directly or have not used her at all.  Now with the house sold, do I base her 3 months ACTUAL PAY on hours for the year divided by 365 times 90?  To further complicate, she has been working this way for maybe 12 years.  She started at 75 pesos per hour and is now 150 pesos per hour.  But in 2020, for instance, I paid her 32,000 pesos the whole year.  Some years were more.

I have paid aguinaldo every year, so that's fine.  But do I owe her vacation pay?

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All domestic workers are due vacation pay, either at end of year with the aguinaldo, or when they take their vacation.

You do have a complex calculation for a finiquito.  I'd see a local attorney; they will give you papers that both you and the maid will sign.  It may just come down to everyone 'agreeing' on a financial number for the finiquito, but if you and she sign, you shouldn't have to worry about any legal issues later. 

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