InChapala1 Posted February 2, 2022 Report Share Posted February 2, 2022 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. Quote Link to comment Share on other sites More sharing options...
mudgirl Posted February 2, 2022 Report Share Posted February 2, 2022 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. 1 Quote Link to comment Share on other sites More sharing options...
NoVaDamer Posted February 2, 2022 Report Share Posted February 2, 2022 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. 2 Quote Link to comment Share on other sites More sharing options...
InChapala1 Posted February 2, 2022 Author Report Share Posted February 2, 2022 Got it. A renter moving to a new house and bringing along their jardinero is not required to pay finiquito. But sounds like a home owner selling a house and retaining their jardinero at a new house is still required to pay? Quote Link to comment Share on other sites More sharing options...
Ferret Posted February 2, 2022 Report Share Posted February 2, 2022 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. 1 Quote Link to comment Share on other sites More sharing options...
mudgirl Posted February 2, 2022 Report Share Posted February 2, 2022 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. 1 Quote Link to comment Share on other sites More sharing options...
Ferret Posted February 2, 2022 Report Share Posted February 2, 2022 YES you do! Did it once in Guanajuato and once in San Pancho. I prefer legal advice to a forum. 2 2 Quote Link to comment Share on other sites More sharing options...
pappysmarket Posted February 2, 2022 Report Share Posted February 2, 2022 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. 1 Quote Link to comment Share on other sites More sharing options...
InChapala1 Posted February 3, 2022 Author Report Share Posted February 3, 2022 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? Quote Link to comment Share on other sites More sharing options...
Ferret Posted February 3, 2022 Report Share Posted February 3, 2022 It doesn't matter. It's the law. Quote Link to comment Share on other sites More sharing options...
mudgirl Posted February 3, 2022 Report Share Posted February 3, 2022 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. Quote Link to comment Share on other sites More sharing options...
Mainecoons Posted February 3, 2022 Report Share Posted February 3, 2022 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. 1 1 Quote Link to comment Share on other sites More sharing options...
Ferret Posted February 3, 2022 Report Share Posted February 3, 2022 The bottom line is to get this kind of information from the correct LEGAL entities. 4 Quote Link to comment Share on other sites More sharing options...
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