Need Specifics to Pay Maid's Social Security (IMSS)

[JKL]

I want to be in compliance with the new law regarding paying my maid's Social Security (IMSS) etc.  But I have not seen where to obtain the form (s), or where to submit them.  Can someone please give the details for obtaining the forms, and also in how to submit them, ie., e-mail, bank, etc.   Your help would be greatly appreciated.

[chapalence]

Did you ask your worker if they want this?

Most do not because then they have to pay taxes on all their income.

 

[JKL]

So it's o.k. not to abide by the law?  What is the penalty if caught "aiding and abetting."  Who gets penalized, the employer, the employee, or both?

[Hud]

On 12/31/2022 at 4:35 PM, chapalence said:

Did you ask your worker if they want this?

Most do not because then they have to pay taxes on all their income.

 

And if, later on, they claim you refused to pay them correctly and get a lawyer?

[ibarra]

Have the employee sign a document stating they don't want IMSS and date it.

[Hud]

1 hour ago, ibarra said:

Have the employee sign a document stating they don't want IMSS and date it.

I think that type of document would be proof that both the employee and the employer were guilty of violating the law. Might the employee later claim they were forced to sign that document. After all, this is Mexico.

[Lexy]

On 12/31/2022 at 1:57 PM, JKL said:

a veryI want to be in compliance with the new law regarding paying my maid's Social Security (IMSS) etc.  But I have not seen where to obtain the form (s), or where to submit them.  Can someone please give the details for obtaining the forms, and also in how to submit them, ie., e-mail, bank, etc.   Your help would be greatly appreciated.

JKL, you should relax for a bit until you have spent more time living in Mexico, if you are newly arrived.  A very  small percentage of law breakers (including murderers) are jailed or punished in Mexico. That is a fact. There is very little effective response to real criminal behavior.

Most of us pay and treat our gardeners and cleaning women well. Some of us overpay our help. We and they appreciate each other.

If I really had to pay IMSS for my employees, I couldn't afford it.  So there'd be a gardener and a cleaning woman out of a job.  Multiply that fact by many ex-pats' reality.

Lexy

[ibarra]

Many workers have multiple employers.  If you provide IMSS for an employee that works for other people, are those NOT providing IMSS breaking the law? Hardly.   If an employee doesn't want IMSS it is their choice. 

Vacation pay for working on holidays is a law too. But just like paying IMSS, if the employee doesn't want to be paid double or triple wages,  it is their choice. 

[lakeside7]

Any verbal agreement that you have with your employees,  are just that. If things turn ugly you will be "guilty ", regardless if you are a generous employer 

The law is on the side of the worker, period.  For peace of mind use a manager or go to a attorney . Gifts etc in lieu of correct payment is unacceptable.  And the annual col payments etc can add up when it comes to termination. 

[Mainecoons]

14 hours ago, ibarra said:

Many workers have multiple employers.  If you provide IMSS for an employee that works for other people, are those NOT providing IMSS breaking the law? Hardly.   If an employee doesn't want IMSS it is their choice. 

Vacation pay for working on holidays is a law too. But just like paying IMSS, if the employee doesn't want to be paid double or triple wages,  it is their choice. 

I'm not sure it  is going to work that way.  It appears mandatory looking at the legislation.  I am assuming the agency responsible for collecting is going to publish some guidelines at some point.  It seems pretty difficult to implement for people who work short hours for multiple people, but let's see what they come up with.

[ibarra]

35 minutes ago, Mainecoons said:

I'm not sure it  is going to work that way.  It appears mandatory looking at the legislation.  I am assuming the agency responsible for collecting is going to publish some guidelines at some point.  It seems pretty difficult to implement for people who work short hours for multiple people, but let's see what they come up with.

If a person works for 10 different employers per month, it doesn't make sense that all 10 must provide IMSS for this worker.  How would the IMSS police (jaja) even know what employer isn't providing IMSS?  I don't believe the workers actually record the employer's names when they file taxes, only income amount.    What if the worker is included in a family IMSS plan, like a wife included on her husbands plan?    As usual, more questions than answers regarding legislation.   

[ambconsultants]

 

You pay based on the salary and days worked.

Here is the web page. Not too hard . It is about 25% of what you pay them a month. 

https://imss.gob.mx/personas-trabajadoras-hogar/como-lo-hago

 

 

[Sea]

Thanks for the link. The pilot program is voluntary, so no issues about being mandatory at this point.

I don't see anything that applies to a maid who has one part time job and no others. So if the employer pays into her account, what does that mean about the amount of benefits she will receive.  I didn't translate the whole thing yet. Any ideas?

[ambconsultants]

As i understand it is mandatory. Could not find the info though. Yes it does state you pay on what you pay them and every employer pays accordingly. This socual security option is great as it is fairly easy and gets rid of alot of responsability from the employer.

 

Employee gets health benefits but if more paid in they will get more credits for retirement as i understand it.

[ibarra]

7 minutes ago, ambconsultants said:

Employee gets health benefits but if more paid in they will get more credits for retirement as i understand it.

I thought retirement benefits were connected to Infonavit not IMSS.  

[Sea]

This was under the questions and answer re employers participation.

• ¿Qué hacer si mi empleador o empleadores no quieren pagar por mi seguridad social?

  Durante la prueba piloto fase II es voluntaria la incorporación.

[ibarra]

1 hour ago, Sea said:

This was under the questions and answer re employers participation.

• ¿Qué hacer si mi empleador o empleadores no quieren pagar por mi seguridad social?

  Durante la prueba piloto fase II es voluntaria la incorporación.

Translated by Google:

What to do if my employer or employers do not want to pay for my social security?
During the phase II pilot test, incorporation is voluntary.

[Mostlylost]

7 hours ago, ibarra said:

I thought retirement benefits were connected to Infonavit not IMSS.  

 Infonavit   Basically, the main objective  is to offer workers the opportunity to access different mortgage and non-mortgage loans, so that they can acquire a home.  

The Mexican Social Security Institute has a legal mandate derived from Article 123 of the Constitution. Its mission is to be the basic instrument of social security, established as a national public service, for all workers and their families.  

Article 2 of the Social Security Law (LSS) establishes that social security has the purpose of guaranteeing the right to health, medical assistance, protection of the means of subsistence and the social services necessary for the well-being as well as the granting of a pension that, where appropriate and prior compliance with the legal requirements, will be guaranteed by the State.

 

[Tingting]

On 1/6/2023 at 5:01 PM, ibarra said:

Translated by Google:

What to do if my employer or employers do not want to pay for my social security?
During the phase II pilot test, incorporation is voluntary.

It kind of makes you wonder if it's another "feel good" law that gets passed and then slowly forgotten like so many others.

[Jess]

On 12/31/2022 at 4:35 PM, chapalence said:

Did you ask your worker if they want this?

Most do not because then they have to pay taxes on all their income.

 

This is not accurate.  Imms benefits fits are not tied to SAT so it does not cause a trigger to pay taxes on income.  

[Jess]

On 1/2/2023 at 11:28 AM, JKL said:

So it's o.k. not to abide by the law?  What is the penalty if caught "aiding and abetting."  Who gets penalized, the employer, the employee, or both?

It's the employers responsibility to abide and the fees are hefty

[Jess]

On 1/2/2023 at 12:54 PM, ibarra said:

Have the employee sign a document stating they don't want IMSS and date it.

This does not protect you from the law.  It's intended to protect their rights.  

[Jess]

On 1/2/2023 at 2:43 PM, Lexy said:

JKL, you should relax for a bit until you have spent more time living in Mexico, if you are newly arrived.  A very  small percentage of law breakers (including murderers) are jailed or punished in Mexico. That is a fact. There is very little effective response to real criminal behavior.

Most of us pay and treat our gardeners and cleaning women well. Some of us overpay our help. We and they appreciate each other.

If I really had to pay IMSS for my employees, I couldn't afford it.  So there'd be a gardener and a cleaning woman out of a job.  Multiply that fact by many ex-pats' reality.

Lexyexy

It's your obligation to pay this and they are entitled to these benefits.  75% of the workforce in Mexico receives these benefits.  The Supreme Court ruled it was unconstitutional and discriminatory to not have them provided to a workforce that is largely made up of women.  These benefits offer not only healthcare, but paud sickness and maternity leave, pension when they retire, disability insurance, workers comp insurance for you, free childcare and other social programs.  So although you may feel your paying your employee "enough*, by not contributing, you are 1) breaking the law, and 2) denying them the benefits that are their constitutional right.  This is not the US and I'm very doubtful any of us immigrants truly can't afford it.  

[Jess]

On 1/6/2023 at 8:31 AM, Sea said:

Thanks for the link. The pilot program is voluntary, so no issues about being mandatory at this point.

I don't see anything that applies to a maid who has one part time job and no others. So if the employer pays into her account, what does that mean about the amount of benefits she will receive.  I didn't translate the whole thing yet. Any ideas?

This is also incorrect.  The pilot program began in 2019 and ran for 18 months.  The pilot program drove the legislation that passed both houses unanimously last year.  The reform was published in the DOF on Nov 16, 2022, making the law mandatory January 1, 2023 with a 6 month grace period to affiliate.  

[Sea]

The IMSS website that tells house workers their rights says the program is voluntary. Also that pension's are not included. What is your source for your information? You cited "DOF". Please provide link.

https://imss.gob.mx/personas-trabajadoras-hogar

The IMSS locally is not a panacea for maids. My maid wouldn't use it even if there were no obstacles or issues because there is no local medical services, even for emergencies.