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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: Tue Dec 15, 2009 5:16 pm Post subject: Your Rights/Labor Laws! |
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Mexican Federal Labor Law covers all workers inside Mexico:
http://www.naalc.org/migrant/english/pdf/mgmexmes_en.pdf
"Foreign workers, including workers without
a valid work permit, have the same rights as
Mexican workers."
"What is the workday?
� The workday is the number of hours you will
have to work for your employer.
� The workday lasts eight hours.
� It lasts seven-and-a-half hours if you work
part of the day and night (split shift).
� It lasts seven hours if you work at night.
� One day of rest is allowed for every six
workdays."
"Do I have a right to a bonus every year?
Yes. Workers in Mexico have a right to a year end
bonus called aguinaldo. Your year-end
bonus is money you receive in December.
Your employer must give you at least:
� 15 days� wages if you have worked a full year;
or
� the proportional amount if you have worked
less than a year."
"Do I have a right to vacation and paid
holidays in Mexico?
Yes. For every year you work, you are entitled to
six days of vacation. Your employer must pay
your wages in full.
During the following years, your vacation
increases by two days a year until you have
12 days of vacation.
For every five additional years you spend with
the same employer, you are entitled to two
more days of vacation.
Calculation of vacation days you are entitled to
1 year 6 days
2 years 8 days
3 years 10 days
4 years 12 days
5 to 9 years 14 days
10 to 14 years 16 days
15 to 19 years 18 days
20 to 24 years 20 days
25 to 29 years 22 days
You are also entitled to a vacation premium.
In addition to your full wage, your employer
must give you an extra 25 percent during your
vacation time. This extra money is called the
vacation premium.
You are also entitled to be paid wages for each
official holiday. These holidays are:
� New Year�s Day - January 1
� Constitution Day - February 5
� Benito Juarez Day - March 21
� Labor Day - May 1
� Independence Day - September 16
� Revolution Day - November 20
� President of the Republic
Inauguration Day -
December 1, every six
years
� Christmas - December 25"
"Do I have a right to receive part of my
employer�s earnings if my employer makes
a profit?
Yes. Under the Federal Labor Law, you are
entitled to what is called profit-sharing.
If you worked more than 60 days for the same
employer during the previous year, you are
entitled to part of your employer�s earnings."
"Does the law protect me if my employer fires
me from my job?
Yes. Your employer can fire you only for certain
reasons.
If your employer fires you unjustifiably, you are
entitled, if you wish, to be reinstated in your
former position or to be compensated with
three months� salary, including the
corresponding premium for seniority. Your
employer can refuse to reinstate you if you
worked for less than a year, if you are in direct
and permanent contact with your employer, if
you have no contract, if you are a domestic
employee or if you worked freelance. In such
cases your employer must provide you with the
following compensation.
� Three months� wages and all back pay.
You may be entitled to more, depending on
how long you worked for your employer.
� If your contract is for a predetermined period
and you worked for less than a year,
compensation is equal to half the time
worked.
� If your contract is for a predetermined period
and you worked more than a year, your
compensation is equal to six months� wages
for the first year and 20 days� wages for each
additional year.
� If your job was for an unlimited time, your
compensation is 20 days� wages for each year
worked." |
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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: Mon Dec 20, 2010 3:32 pm Post subject: |
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Merry Xmas Bump  |
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Phil_K
Joined: 25 Jan 2007 Posts: 2041 Location: A World of my Own
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Posted: Mon Dec 20, 2010 4:10 pm Post subject: |
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Quote: |
Your Rights/Labor Laws!
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...and your duties and responsibilities? |
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the peanut gallery
Joined: 26 May 2006 Posts: 264
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Posted: Mon Dec 20, 2010 5:50 pm Post subject: |
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Dont ask too many questions about your rights is duty number 1. |
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Enchilada Potosina

Joined: 03 Aug 2010 Posts: 344 Location: Mexico
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Posted: Mon Dec 20, 2010 9:48 pm Post subject: |
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the peanut gallery wrote: |
Dont ask too many questions about your rights is duty number 1. |
Unless you really want fewer hours... |
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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: Mon Dec 20, 2010 9:49 pm Post subject: |
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the peanut gallery wrote: |
Dont ask too many questions about your rights is duty number 1. |
And sure don't ask why you didn't get your aguinaldo...  |
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PlayadelSoul

Joined: 29 Jun 2005 Posts: 346 Location: Playa del Carmen
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Posted: Tue Dec 21, 2010 5:03 am Post subject: |
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Just a couple of notes.
1) You are entitled to those rights if you work on nomina. Honorarios don't count, as you are considered self-employed.
2) If you are working illegally, you don't really exist. I suppose you could demand what you think you are due but that would be followed up by a visit from immigration and a ticket on the first flight out. |
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Professor

Joined: 22 May 2009 Posts: 449 Location: Mexico City
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Posted: Tue Dec 21, 2010 1:05 pm Post subject: |
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Mexico is NOT a good country to work in...period. Why go from a developed country to a 3rd world country where things are bad...including the pay. But then again I'm sure there are some out there who would love to be a round poverty.  |
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Enchilada Potosina

Joined: 03 Aug 2010 Posts: 344 Location: Mexico
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Posted: Tue Dec 21, 2010 3:38 pm Post subject: |
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Perhaps someone can confirm this, or not: I heard that if you work at a place where your contract is renewed every semester, after 3 semesters you're considered full-time (in the eyes of the law) and therefore when you leave or if your contract isn't renewed, you are entitled to the corresponding finiquito. |
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the peanut gallery
Joined: 26 May 2006 Posts: 264
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Posted: Tue Dec 21, 2010 6:22 pm Post subject: |
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Professor,
While i dont necessarily disagree with you, i recently moved back to Mexico from Spain. Most of my Mexican friends (from my first spell here) think im completely insane for returning. They believe that the economic situation, the drug war and general insecurity of the country makes it a no brainer to stay in Europe where my salary, living standard, and security were very high.
Sure i have family reasons for returning. But above all, in my experience it is better to be rich in a poor country than middle class in a rich country. Working conditions are a joke here; working an office job and having to come in on a Saturday, do nothing, and simply be there to show your devotion to the company sums up productivity. I will be working full time for the United Nations of ME, inc. Removing oneself from the mechanisms of poorly run institutions, companies, and the cultural idiosyncracities that go with it is, in my opinion, the only way forward for long termers. |
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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: Tue Dec 21, 2010 6:42 pm Post subject: |
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the peanut gallery wrote: |
Professor,
While i dont necessarily disagree with you, i recently moved back to Mexico from Spain. Most of my Mexican friends (from my first spell here) think im completely insane for returning. They believe that the economic situation, the drug war and general insecurity of the country makes it a no brainer to stay in Europe where my salary, living standard, and security were very high.
Sure i have family reasons for returning. But above all, in my experience it is better to be rich in a poor country than middle class in a rich country. Working conditions are a joke here; working an office job and having to come in on a Saturday, do nothing, and simply be there to show your devotion to the company sums up productivity. I will be working full time for the United Nations of ME, inc. Removing oneself from the mechanisms of poorly run institutions, companies, and the cultural idiosyncracities that go with it is, in my opinion, the only way forward for long termers. |
Reminds me of my time at Wall Street Inst. The teachers were supposed to rotate Saturdays and thus get a weekends free per month. After about 2 months the school decided that we had to work every Saturday. No pay raise. No reason for us to be there either as one teacher could cover all the classes.
As for being "rich" in a poor country, not sure how many EFL pro's would be classed as rich here...
But I do get your point. |
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Professor

Joined: 22 May 2009 Posts: 449 Location: Mexico City
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Posted: Wed Dec 22, 2010 2:48 am Post subject: |
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the peanut gallery wrote: |
i recently moved back to Mexico from Spain. Most of my Mexican friends (from my first spell here) think im completely insane for returning. They believe that the economic situation, the drug war and general insecurity of the country makes it a no brainer to stay in Europe |
I have to agree with your friends peanut gallery.  |
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Professor

Joined: 22 May 2009 Posts: 449 Location: Mexico City
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Posted: Wed Dec 22, 2010 2:53 am Post subject: |
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the peanut gallery wrote: |
i recently moved back to Mexico. Working conditions are a joke here; working an office job and having to come in on a Saturday, do nothing, and simply be there to show your devotion to the company sums up productivity. |
It's never too late to go back to your home country. Clean streets, organization, structure and paying into SS while getting paid in dollars. I agree with you that working conditions here are a joke.
Sad. |
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Professor

Joined: 22 May 2009 Posts: 449 Location: Mexico City
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Posted: Wed Dec 22, 2010 2:56 am Post subject: |
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the peanut gallery wrote: |
i recently moved back to Mexico. Removing oneself from the mechanisms of poorly run institutions, companies, and the cultural idiosyncracities that go with it is, in my opinion, the only way forward for long termers. |
Really sad. There has to be better places to teach and live than Mexico. |
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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: Wed Dec 22, 2010 5:35 am Post subject: |
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Professor wrote: |
the peanut gallery wrote: |
i recently moved back to Mexico. Removing oneself from the mechanisms of poorly run institutions, companies, and the cultural idiosyncracities that go with it is, in my opinion, the only way forward for long termers. |
Really sad. There has to be better places to teach and live than Mexico. |
Yes, there might be better paying places, but we stay here for the professional development opportunities
Teachers, be sure you are getting all the pay, vacation and benefits you are promised under Mexican Federal Law.
If you need to, speak with a lawyer that handles labor disputes.
No reason to settle for unlawful working conditions.
Your employer must provide all benefits as outlined above, failure to do so is a crime. |
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