By Ángel Marín Díaz
I have received many questions about “what and who” is a “part time” employee and what benefits do we “have to provide?”
This article explains employers’ rights and risks in terms of accidents and the role that Social Security plays in the household employment model, as well as “what if I only employ one or two days a week and ‘share’ my domestic help with two or more other employers.”
Full-time and part-time work:
According to the Federal Labor Law, the duration of employment relationships can be by work or determined time: indefinitely, by season, and also by probationary period.
In relation to the above, the same Federal Labor Law tells us how wages will be set: A) Per unit of time (biweekly, weekly, days or hours); B) Per unit of work (employee production); C) By commission (generally applies to sales); D) As a lump sum price (price for the total execution of the work); E) Or in any other way whenever it is allowed.
According to our labor legislation the terms of the payment of wages, that is the time lag from work completed to payment, may not be greater than 15 days in the case of a worker.
In relation to this type of wage, the law gives us the freedom to establish an hourly wage per day; however, the same law specifies that in this modality the worker will never receive an amount less than a daily working wage, regardless of the hours that they worked. This must not be less than eight hours which equals a working day, meaning that they will be paid the same salary for full time daily work as for hourly work.
The employer at all times is obliged to provide the worker with benefits related to bonuses, vacations, vacation bonuses, social security contributions to the Mexican Social Security Institute (IMSS), and all other terms agreed within the employment contract, which by law provides they are inalienable by the worker.
Therefore, if we assume for example that a worker is hired for “X” days, the employer is obliged to pay these benefits in proportion to the days worked by the employee during the year.
If the worker provides his services to two or more employers during the week, and his/her base salary of contribution to the IMSS does not exceed 25 minimum wages in a 31-day period, each employer must comply with the contributions to which s/he is obliged.
Based on the information presented above, it is highly recommended to determine each and every one of the rights and obligations of both the worker and the employer in an “Individual Employment Contract” showing that there are legal justifications on which the employment relationship is based, and if the number of workers totals six or more, prepare an “Internal Work Regulation.”
Happy Holidays and best regards, Ángel. For all your Estate Planning, Legacy Bequeathments, Notarial Services, contact the author Ángel Marín Díaz at firstname.lastname@example.org or 415 121 9005.