Jump to content
Chapala.com Webboard

Finiquito when current gardener to work at my new home


Recommended Posts

1 hour ago, InChapala1 said:

I'm moving to another house and asked my current gardener to work at my new home. Am I required to pay finiquito in this scenario? I've heard finiquito is "tied" to the house, so wanted to check. Thanks.

Finiquito is paid if you fire someone. You don't pay him severance pay if you aren't firing him. 

I think you are confusing a home owner having to pay severance pay if they sell a place and move and are no longer going to require his services. Then the seller has to pay severance even if the new owners wish to retain his services.

 

  • Like 1
Link to comment
Share on other sites

The key word here is required (mudgirl is correct). My jardinero requested that I "fire him" and then re-hire him when we moved. He told me he had other gringo clients who told him they were moving and then didn't actually bring him along, skipping out on his finiquito, I pointed out that paying his finiquito effectively re-set his length of service for vacation pay, but he didn't care, so I did as he asked.

  • Like 2
Link to comment
Share on other sites

Yes. It is because the new home owner wants to be free and clear of any debts owing on the house. A copy of the finiquito of previous employees of the house does that and is included in the closing documents by the Notario.

  • Like 1
Link to comment
Share on other sites

2 hours ago, InChapala1 said:

But sounds like a home owner selling a house and retaining their jardinero at a new house is still required to pay?

 

2 hours ago, Ferret said:

Yes. It is because the new home owner wants to be free and clear of any debts owing on the house.

No. If the house seller is retaining the gardener at their new home you do not pay finiquito. You have not fired the gardener- he is still in your employ. 

If you sold the home and didn't want to still employ the gardener, you would pay him finiquito. 

  • Sad 1
Link to comment
Share on other sites

1 hour ago, mudgirl said:

 

No. If the house seller is retaining the gardener at their new home you do not pay finiquito. You have not fired the gardener- he is still in your employ. 

If you sold the home and didn't want to still employ the gardener, you would pay him finiquito. 

Doesn't matter what any of us think. The Notario will decide what is and isn't required. No, you can't appeal that decision. They have many of the powers the old Hacienda owners had.

  • Like 1
Link to comment
Share on other sites

7 hours ago, Ferret said:

YES you do! Did it once in Guanajuato and once in San Pancho. I prefer legal advice to a forum.

In both situations (Guanajuato and San Pancho), you sold a home, then retained the gardener or maid at your new home, and still paid finiquito at closing?

Link to comment
Share on other sites

1 hour ago, Ferret said:

It doesn't matter. It's the law.

If you say so. I'd want to read that law, because I think it does matter. When you have an employee, if you sell your home and don't retain the maid or gardener to continue working for you, then of course you have to pay severance pay. But the property itself is not the employer, a person is. 

When someone works for a company or business, and the company transfers them to a new branch location, they haven't heen fired and they don't get severance pay- they are still working for the same employer.

Link to comment
Share on other sites

This came up for us on a property in Riberas we sold.  As it was explained to me, if the payoff of the help isn't fully documented and finalized, they can later file an action against the property regardless of who owns it.  

When in doubt, do it but make sure you run it through a notario or abogado who handles property related matters to make absolutely certain it is complete and correct.

Not recommended for do it yourself.

  • Like 1
  • Thanks 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...