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Paying part time staff


Susan111

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Hi there, 

I've been looking through posts on this site for info about changes to wage policies in Mexico, and see there's different or conflicting information. We have part time (a few hours per week) cleaning and gardening staff, who have worked for us over a year, and have been giving them an annual raise of 5 pesos per hour in December, plus an annual 2 weeks Christmas bonus / vacation pay before December 20th. I'm not clear however, what is legally required versus optional these days.

If there's important legal requirements we should know about, for example, if the required increase in hourly pay has changed, or the Christmas bonus requirement (if there is one) has changed, I would appreciate your thoughts. 

Many thanks,

Susan

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Unless someone says things have changed, Rollybrook's site is still the best resource for employee compensation rules. May he RIP. 

If you have not paid the employee his/her annual vacation pay during the year, you must pay it by year's end.

http://rollybrook.com/employee-pay.htm

Quote

 

Aguinaldo (Christmas Bonus)

The aguinaldo must be paid on or before the 20th of December.   The aguinaldo must be paid in cash; gifts, Christmas baskets, and other presents do not fulfill the requirement.

The aguinaldo must equal 15 days of salary.   To calculate the amount for a part-time employee, divide the number of days worked during the year past by 365. Multiply that figure by 15 x the daily salary to determine the amount of the aguinaldo.

Examples:

If you have an employee who works one day a week for $50 pesos:
52/365 x 15 x 50 = $106.85 pesos

If the worker is paid by the week and has worked a full year, use a multiplier of 2.14 to make the math easier.  If the worker is paid $500 pesos per week, then it is $500 x 2 .14 = $1070 pesos

If the weekly worker has not worked a full year, divide the number of weeks worked by 52.14 x 15 x the daily salary (weekly salary divided by 7) to determine the amount of the aguinaldo.

 

Quote

 

Vacación (Vacation)

The vacación must be paid in cash, either before the vacation or before the end of the year if no vacation has been taken.

The vacación pay must equal required number of vacation days of salary plus and additional 25% of the amount. To calculate the amount, divide the number of days worked during the year past by 365.  Multiply that figure by number of vacation days times 1.25 to determine the amount of the vacación pay due. 

Examples:

If you have an employee for one year who works one day a week for $50 pesos:
52/365 x 6 x 1.25 x 50 = $53.42 pesos = 
vacación

If the worker is paid $500 pesos per week, convert the weekly rate to a daily rate by dividing by 7.

500/7 x 6 x 1.25  = $535 pesos = vacación

Note:  The 6-day minimum vacation is only for the first year worked.  The basis increases by 2 days each year through the 4th year.  The 5th year it increases 2 days to 14 days.  Thereafter, the time increases by 2 days each 5th year.

For example:  A maid has worked for 5 years, so she is due 14 days vacation.  She works 3 days per week for $760 per week. which is $253.33 per day.  3 x 52 = 156 days worked per year.

156/365 x 14 x 1.25 x 253.33 = $2642.71

If we ignore that she works only 3 days and consider her a weekly employee, then

760/7 x 14 x 1.25 = $1900

Year 1 -- 6 days
Year 2 -- 6 + 2 = 8 days
Year 3 -- 8 + 2 = 10 days
Year 4 -- 10 + 2 = 12 days
Year 5 -- 12 + 2 = 14 days
Year 10 -- 14 + 2 = 16 days
Year 15 -- 16 + 2 = 18 days
etc

 

 

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1 hour ago, Bisbee Gal said:

Unless someone says things have changed, Rollybrook's site is still the best resource for employee compensation rules. May he RIP. 

If you have not paid the employee his/her annual vacation pay during the year, you must pay it by year's end.

http://rollybrook.com/employee-pay.htm

 

I don't think the vacation pay on Rolly's site refers to part time workers but full time yes. Most of us have part time workers that get paid by the hour not the week. E. g. maid 3hrs. one day per week[$fill the blank].

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1 hour ago, happyjillin said:

I don't think the vacation pay on Rolly's site refers to part time workers but full time yes. Most of us have part time workers that get paid by the hour not the week. E. g. maid 3hrs. one day per week[$fill the blank].

It applies to part-time workers, too.  See Rolly's vacation example:  he cites a worker who comes 1 day a week.  Uses the same 1 day a week worker in his aguinaldo example.  

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Sonia Diaz's site also states that Vacation Pay is due for part-time workers.    http://www.soniadiaz.mx

And to be clear about the aguinaldo, it is for 15 days, not 2 weeks (14 days).  In most of Mexico workers are paid twice a month (not weekly), on the 1st and 15th of each month.  The 15 days required in the aguinaldo is basically for one standard 15-day pay period.  

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5 hours ago, Susan111 said:

Hi there, 

I've been looking through posts on this site for info about changes to wage policies in Mexico, and see there's different or conflicting information. We have part time (a few hours per week) cleaning and gardening staff, who have worked for us over a year, and have been giving them an annual raise of 5 pesos per hour in December, plus an annual 2 weeks Christmas bonus / vacation pay before December 20th. I'm not clear however, what is legally required versus optional these days.

If there's important legal requirements we should know about, for example, if the required increase in hourly pay has changed, or the Christmas bonus requirement (if there is one) has changed, I would appreciate your thoughts. 

Many thanks,

Susan

There is NO legally mandated annual raise per year.

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8 hours ago, Bisbee Gal said:

Sonia Diaz's site also states that Vacation Pay is due for part-time workers.    http://www.soniadiaz.mx

And to be clear about the aguinaldo, it is for 15 days, not 2 weeks (14 days).  In most of Mexico workers are paid twice a month (not weekly), on the 1st and 15th of each month.  The 15 days required in the aguinaldo is basically for one standard 15-day pay period.  

According to my friend who i s a lawyer with the federal labor court, aguinaldo is two weeks pay. in Mexican  Spanish  week is 8 days as you count the day you start on.  Two weeks is 15 days.  Of course you pay more but the minimum aguinaldo is 2 weeks pay.

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55 minutes ago, bdlngton said:

According to my friend who i s a lawyer with the federal labor court, aguinaldo is two weeks pay. in Mexican  Spanish  week is 8 days as you count the day you start on.  Two weeks is 15 days.  Of course you pay more but the minimum aguinaldo is 2 weeks pay.

Finally, somebody that´s got it right and understands what "15 days" means in Mexican Spanish..  How many people have been sanctioned by the Labor people for not paying for 15 days instead  of 2 weeks?  This goes on every year, like people are being sanctioned left and right for not paying 15 days, NOB style.

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Yeah, when you order something in Tonala and the vendor tells you it will be ready for pickup in "Ocho dias" that means a week from today, not a week from tomorrow.

Now...the chances of it actually being ready are...well...let's just say it has nothing to do with the definition of a week.

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On 11/22/2019 at 2:50 PM, Bisbee Gal said:

Sonia Diaz's site also states that Vacation Pay is due for part-time workers.    http://www.soniadiaz.mx

And to be clear about the aguinaldo, it is for 15 days, not 2 weeks (14 days).  In most of Mexico workers are paid twice a month (not weekly), on the 1st and 15th of each month.  The 15 days required in the aguinaldo is basically for one standard 15-day pay period.  

I think you are wrong.  In Mexican Spanish "ocho dias" is 1 week and "quince dias" is 2 weeks.

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22 hours ago, slainte39 said:

Finally, somebody that´s got it right and understands what "15 days" means in Mexican Spanish..  How many people have been sanctioned by the Labor people for not paying for 15 days instead  of 2 weeks?  This goes on every year, like people are being sanctioned left and right for not paying 15 days, NOB style.

Too many people quote Rolly's info as the gospel.  I prefer to believe my labor lawyer and mg knowledge of Mexican Spanish.  Quince dias is 2 weeks.  

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40 minutes ago, bdlngton said:

Too many people quote Rolly's info as the gospel.  I prefer to believe my labor lawyer and mg knowledge of Mexican Spanish.  Quince dias is 2 weeks.  

You are absolutely correct. I don´t care what Rolly or Sonia or any other "expert" tells you.  Quince días is 2 weeks in US English.

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