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cummings93
Joined: 19 Nov 2006
Posts: 31
Location: San Miguel de Allende
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 Posted: Wed Jun 25, 2008 8:43 pm Post subject: not returning..severence? |
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Hey all,
I have decided to not return to my present school. Though my contract runs out July 4, I think, am I entitled to any severence pay?
Anyone know anything about this stuff? I am a little suspicious because (all of a sudden) the accountant has "misplaced" my contract, as well as other Non-Mexican teachers.
Thanks,
Mike |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Thu Jun 26, 2008 3:25 am Post subject: |
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Severence pay? What, you want a taco parachute or something?
Seriously, a company pays you when they fire you, not the other way around. You'll be lucky to get your last paycheck if you told your employer you're not coming back. Bad move. You should have waited, told them you were coming back and they might have paid you vacation pay then. Then you could have quit and had your cash. Don't worry, this is Mexico and almost nobody checks references. |
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El Gallo
Joined: 05 Feb 2007
Posts: 318
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| Posted: Thu Jun 26, 2008 11:44 am Post subject: |
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| Prof. Gringo is right again: Most Mexicans and savvy foreigners will resign right after they receive their pay. Most private schools will find a reason not to give you your final check once they know you are leaving. |
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MELEE
Joined: 22 Jan 2003
Posts: 2583
Location: The Mexican Hinterland
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| Posted: Thu Jun 26, 2008 1:56 pm Post subject: |
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Yeah, severence pay by definition is if you are fired or laid off.
But there is something called finiquito that you should ask about. They should have to pay you any unused benefits like vacation time and a fraction of what they would have paid you for aguilando if you had stayed through Decemember. Of course this is all based on what kind of contract you had... |
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TheLongWayHome
Joined: 07 Jun 2006
Posts: 1016
Location: San Luis Piojosi
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| Posted: Thu Jun 26, 2008 2:55 pm Post subject: |
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| MELEE wrote: |
Yeah, severence pay by definition is if you are fired or laid off.
But there is something called finiquito that you should ask about. |
I thought that if you left by choice you weren't entitled to a finiquito? |
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Guy Courchesne
Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City
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| Posted: Thu Jun 26, 2008 4:18 pm Post subject: |
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| If it's a simple matter of a contract running out, then he is entitled to any benefits like afore and aguinaldo. He didn't say he's quitting. |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Thu Jun 26, 2008 5:05 pm Post subject: |
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| Guy Courchesne wrote: |
| If it's a simple matter of a contract running out, then he is entitled to any benefits like afore and aguinaldo. He didn't say he's quitting. |
He quit as far as the employer will be concerned. I really doubt that any school is going to give you something if you won't be there next year. They don't have the business and common sense here to see it like this: If someone gives me notice that's a good thing, now I can find someone else. No, in Mexico they think like this: He/she quit? Why? We are the best company in Mexico! $%#@ foreigner! He/she is going to screw us just like we screw them... they probably won't do any work either. We'll fix that! No final paycheck! I get to keep it and I win!
Any questions why Mexico is still a third-world country?
This is what I like about Mexico... People read the laws and than think that things will actually work that way. Besides, if you are a foreigner and unless you are absolutely legal here (FM-3, contract, CURP, RFC, IMSS, Pay all your tax to Hacienda/SAT, etc.) you will have a very tough time getting your money if you do get burned.
I have a copy of the political constitution of Mexico in English, it's an eye opener  Read it sometime and realize how much the Mexican constitution is ignored by the government itself, let alone private business and individuals.
And so what if you can or do sue? How long will that take? Unless you are going to be staying in Mexico for a long time it just ain't worth it. Just move on. |
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MELEE
Joined: 22 Jan 2003
Posts: 2583
Location: The Mexican Hinterland
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| Posted: Thu Jun 26, 2008 5:15 pm Post subject: |
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At the school where I work--everyone get a finiquito even when they leave before the end of their contract. Here everything is done to the letter of the ley.
Mexico is a large and varied country. Not one of us here has experienced it all. |
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Samantha
Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera
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| Posted: Thu Jun 26, 2008 5:59 pm Post subject: |
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Prof Gringo wrote:
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| Any questions why Mexico is still a third-world country? |
You haven't been here long enough yet to sort things out?
Melee wrote:
| Quote: |
| Mexico is a large and varied country. Not one of us here has experienced it all. |
You'd never know it by the recent rash of generalizations, would you? |
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hlamb
Joined: 09 Dec 2003
Posts: 431
Location: Canada
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| Posted: Thu Jun 26, 2008 6:12 pm Post subject: |
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| El Gallo wrote: |
| Prof. Gringo is right again: Most Mexicans and savvy foreigners will resign right after they receive their pay. Most private schools will find a reason not to give you your final check once they know you are leaving. |
I had a school try this with me two years ago. They cut my pay by half after I'd already worked for them for a while (and the cut was retroactive since they paid once a month) and when I was offered a better job, I quit. They tried to get out of paying me by saying they'd put it into a bank account for me. I wasn't buying that and stood in the office until they finally paid to get me out of there.
Luckily not all schools are like this! |
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cummings93
Joined: 19 Nov 2006
Posts: 31
Location: San Miguel de Allende
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| Posted: Thu Jun 26, 2008 8:46 pm Post subject: the deal is... |
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I was informed today that I will be paid for working up to the 15th of July, though my last day is the 4th.
However, getting a copy of my contract still seems to be a hot issue. The accountant has been contradicting herself as to why this is so. Something is definetly not right here.
Three other co-workers went to the Office of Human Rights here in town to explain the situation with the copies of contracts that we can't get. We will see what happens.
| Quote: |
| What, you want a taco parachute or something? |
Yes, I do. In fact, not only do I wish for a taco parachute, but also to jump out of an enchilada plane into an olympic size swimming pool filled with Bohemia Oscura. |
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Samantha
Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera
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| Posted: Thu Jun 26, 2008 9:22 pm Post subject: |
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I hope it all works out for you. You probably realize after this incident the importance of keeping a copy of contracts you sign. That goes for anything. You didn't clarify if you are all working legally on FM3's. As someone else posted earlier in the thread, this will make the difference in fighting for anything that may be owed to you. If you are not working legally, you really don't have a leg to stand on, contract or not, and it could get kind of messy.
Last edited by Samantha on Thu Jun 26, 2008 10:49 pm; edited 1 time in total |
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cummings93
Joined: 19 Nov 2006
Posts: 31
Location: San Miguel de Allende
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| Posted: Thu Jun 26, 2008 10:40 pm Post subject: |
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| I do have an FM-3, so it should help. Seriously though, how low can someone get when they try to be dishonest or rip-off a teacher? To me, that's some cold s h ! t. |
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TheLongWayHome
Joined: 07 Jun 2006
Posts: 1016
Location: San Luis Piojosi
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| Posted: Fri Jun 27, 2008 3:34 pm Post subject: |
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| cummings93 wrote: |
| I do have an FM-3, so it should help. Seriously though, how low can someone get when they try to be dishonest or rip-off a teacher? To me, that's some cold s h ! t. |
I've reached a point lately where I'm so sick of it. What gets me the most is what employers expect in return you putting up with their tranzas.
In my last job I had no contract, not one single benefit, I paid tax to the schools RFC number, for the last 2 months I wasn't even paid on time. I gave them a week's notice which I think was more than generous considering the circumstances - and they still whinged! It took a week to get my final paycheck, and the owner - American.
My current boss wants me to go down to a gas station and get an invoice for $500 by offering them $50 to invent one every month. He also 'takes care of the taxes' (screws me over). So I've decided to call him on it later. I think he's relying on my ignorance of how all this works. I'll post what happens. This guy is Mexican. |
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Kootvela
Joined: 22 Oct 2007
Posts: 513
Location: Lithuania
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| Posted: Fri Jun 27, 2008 3:39 pm Post subject: |
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| cummings93 wrote: |
| I do have an FM-3, so it should help. Seriously though, how low can someone get when they try to be dishonest or rip-off a teacher? To me, that's some cold s h ! t. |
I quit from my job at language cources in September 2007. They still owe me some vacation money. |
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