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Household Help & Labor Laws*The retired ex-patriots who live here usually employ a maid and gardener at affordable wages. For years members of our community have had excellent relationships with their household help. To avoid a labor claim the following information may be of help to you. The labor laws for Mexico vary for each type of person employed and each type of employer. Unfortunately very few of those who hire maids and gardeners, hire them according to the law. First: Write a contract between you and your employee. List the days you expect them to work, and how many hours they are expected to work in a day. Include the wages you will be paying per day, and the day on which you will pay them. List all their duties in detail. Make the contract for one year, renewing it yearly. Second: Always have the employee sign a receipt for his or her pay. Employees are also entitled to IMSS the national Mexican Health Care Plan. If you do not want to be responsible for IMSS make sure you include that in the contract with your employee. Bonuses & Vacation: By law an employee can only work 40 hours a week and no more than 8 hours per day. Employees are also entitled to a Christmas bonus and vacation. For part-time help these times and amounts are voluntary. A good guideline for part time work is to give an employee 2 weeks pay as a Christmas bonus. Be sure to have them sign for it and mention it in your employment contract. Someone who works for you full time in entitled to 15 days pay. For vacations, an employee is entitled to 6 paid days off for the first year, and 2 days more per year for every extra year worked. On the fifth year an additional 2 days is also added making 4 days added for the particular year. Statutory Holidays: Full-time or part-time employees are entitled to have statutory holidays off with pay, unless they fall on their days off, such as weekends. If employees work on a statutory holiday they will be paid double time. Severance: Severance pay is only paid when the employer lets an employee go, fired or laid off. If the employee quits or retires no severance is required to be paid. Make sure the employee signs a letter stating that they have quit on their own. Employees are entitled to severance pay amounting to 3 months salary plus 20 days for every year worked, plus proportional Christmas bonus and vacation pay. Once payment is make sure to have them sign off in agreement. *From the May 2002 issue of the Lake Chapala Review.
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