[soprofaxel]

What was the verdict on whether or not a person legally has to pay a service lady a liquidation payment if she is let go after 3 months?
Some people are telling me different things.
And the reason I ask is because we are thinking of moving to a different house. One, it may not be practical for her to travel there. Two, we might consider saving the money in the new place and not having a service lady.
I would give her a "thank you" payment if we let her go - but it does seem a liquidation payment seems a bit much for a family to have the same as a company. So, I need some info.
Or the reference to the correct legal. Thanks.

[Jueqelyl]

theoretically domestic workers do not get liquidation. but in practice it is best to STFU and pay because you avoid future problems and it is a decent thing to do if she was a good worker.
you can go to a local secretaria de trabajo and have it calculated for you and printed out. make two copies and have her sign one upon receiving monies. batter safe than sorry.
liquidation can be calculated here:
:: Cálculo de Prestaciones Laborales ::

you put in all data: monies paid, dates of employment, whether to include xmas salary and vacations and so on. then click on a little calculator and voila.

[Aluback]

Even w/ no liquidation, I think they get pro rata vacation and Diciembre doble.

Still, get it all on paper, signed - as the Ministress of Labor suggested. :-))

[soprofaxel]

Thanks - the calculator helps, because it shows a relatively reasonable number - and for some reason I had been thinking that the "liquidation amount" was going to calculate much higher - so the calculator helps.

I was going to put in some comments about the pros and cons of the "liquidation" situation - but I do not think I am prepared for that debate. But there are pros and cons for the companies and the employees.

[Aluback]

Correct, its not much money after the smoke clears.

[Jueqelyl]

i will only say that for a domestic help the liquidation is never a huge amount of monies (regardless whether they are entitled to it or not). if you were happy with them and need to let them go for reasons unrelated to their performance it is a fair "gift" that can see them through bad times.
if you are firing someone for stealing or misbehaving in any way it is a given they will try to make your life hell so it is a reasonable thing to do to avoid any further problems.

in both cases it is essential you have the paperwork that is legal (you cannot get any better than calculations sealed by secretaria de trabajo) and that you have them sign it. always pays up to be protected

[anfuckinggs]

i will only say that for a domestic help the liquidation is never a huge amount of monies (regardless whether they are entitled to it or not). if you were happy with them and need to let them go for reasons unrelated to their performance it is a fair "gift" that can see them through bad times.
if you are firing someone for stealing or misbehaving in any way it is a given they will try to make your life hell so it is a reasonable thing to do to avoid any further problems.

in both cases it is essential you have the paperwork that is legal (you cannot get any better than calculations sealed by secretaria de trabajo) and that you have them sign it. always pays up to be protected

wow, the deck seems to be stacked against you guys

[Sandra_18X]

Even w/ no liquidation, I think they get pro rata vacation and Diciembre doble.

Still, get it all on paper, signed - as the Ministress of Labor suggested. :-))

They do.. I just went through this with a worker that I let go. She was entitled to a portion of the 13th month and a pay for the vacation days. She was not really entitled to it since she was only part time but it was only eight thousand pesos so I was prepared to pay it.. but she has it in her mind that I owe her 16,000.. despite what the papers from the State say. So I am waiting with her check til she figures it out.

[JOR4qxYH]

When all is said and done, it's a nice gesture to give them something, like has been said. Fair is fair, and you'll sleep better at night knowing you did a good thing.

Just make sure you tell them, "I want you to know that by law, I do not have to pay you anything, but I want to GIVE you something for being a good employee. Now, sign here. "

[soprofaxel]

When all is said and done, it's a nice gesture to give them something, like has been said. Fair is fair, and you'll sleep better at night knowing you did a good thing.

Just make sure you tell them, "I want you to know that by law, I do not have to pay you anything, but I want to GIVE you something for being a good employee. Now, sign here. "

I very much like this comment, because I want her to know that I am doing it because I WANT to do it, and not because I am required to. I would want her to know that this is being done out of appreciation for her past work.
She may not though. It seems that many people in the neighborhood think the law applies to domestic service as well, so she may only think I am fulfilling my requirement. Oh well, I will try and explain, but I have no intention of arguing the point if she does not understand or appreciate what I am doing.