MakeItSo Posted January 10 Report Share Posted January 10 A question for those of you with longer experience (most of You, I'm sure). My property manager of 5 years has now / suddenly decided to pass on the maid's Christmas bonus onto me. I do not mind it, I like the maid, and tip her generously (on top of what the manager charges me for the maid's work), and gift her and her kids small gifts. I just wonder how this newly imposed on me aguinaldo works from legal standpoint, given the maid is the property manager's employee and nothing in the agreement specifies that I ought to cover the cost? Quote Link to comment Share on other sites More sharing options...
Mostlylost Posted January 10 Report Share Posted January 10 Questions: Who hired the maid? Does your "property manager" have this maid work for other people? Do you pay the exact amount to your manager that the maid is paid? .. or does the manager charge you an amount and then pay the maid which may be less than you are paying? I assume you do not pay the maid's IMSS so does the property manager bill you extra for it? First: Article 87 of the Federal Labor Law "Workers will have the right to an annual bonus that must be paid before the twentieth of December, equivalent to at least fifteen days of salary. ". Your property manager is well aware of this So the date has long past. Second: Who pays the maids IMSS? If it is the property manager then they are legally responsible to pay the maid's Aguinaldo. Quote Link to comment Share on other sites More sharing options...
MakeItSo Posted January 10 Author Report Share Posted January 10 Thank you. Yes, it is in the past. I just need some arguments to present the manager who underperforms and whom I'll likely fire. However, I was not aware whether the manager has any legal right to charge me for the aguinaldo for his employees that he pays IMSS for. Quote Link to comment Share on other sites More sharing options...
Mostlylost Posted January 11 Report Share Posted January 11 2 minutes ago, MakeItSo said: Thank you. Yes, it is in the past. I just need some arguments to present the manager who underperforms and whom I'll likely fire. However, I was not aware whether the manager has any legal right to charge me for the aguinaldo for his employees that he pays IMSS for. Your argument is that your "property manager" violated the law. They have the legal responsibility, not you. Depending on your contract with the the "property manager" you might want to consult a local attorney. 1 Quote Link to comment Share on other sites More sharing options...
ibarra Posted January 11 Report Share Posted January 11 IMHO You really need legal representation. 2 Quote Link to comment Share on other sites More sharing options...
tomgates Posted February 7 Report Share Posted February 7 MLost, For the 15 years we were Lakeside, Chapala Realty handled all the personnel issues including pay. When we had to fire a maid, they said I had to pay the severance and I objected because I never hired her, they did. I did not prevail. Quote Link to comment Share on other sites More sharing options...
Mostlylost Posted February 7 Report Share Posted February 7 2 hours ago, tomgates said: MLost, For the 15 years we were Lakeside, Chapala Realty handled all the personnel issues including pay. When we had to fire a maid, they said I had to pay the severance and I objected because I never hired her, they did. I did not prevail. Gee, gosh that is great that you had a property manager years ago . ...... but exactly how does that help the OP?? I would guess they resolved the problem last month. Quote Link to comment Share on other sites More sharing options...
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