
02-04-2008, 05:43 AM
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Honorificabilitudinitatibus
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Join Date: Apr 2002
Posts: 13,640
(42)
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Quote:
Originally Posted by GringoCArlos
Rocky made one small error (at least in the way that I understand what he wrote) in saying that because you gave him a raise in January, his benefits cost went up proportionally (if he meant equally up). The benefits would not be calculated as the employee receiving 10,000 a month for liquidation purposes if you were to fire him today.
If you had been paying him 8,000 a month since last January, and then this January you gave him a raise to 10,000, then should you fire him today, you would calculate his AVERAGE wages for the past 12 months (= (8,000 x 11) + (1 x 10,000)= monthly average of 8,166 per month right now. In March, his average wages would rise to 8,333, etc.
Overtime should be paid for anything over 44 hours a week. And no, the Labor Code won't allow things like 4 days x 11 hours a day without a hassle between the employer and the Labor Board - the Free Zones have tried to get this kind of change allowed, but it has been a tough fight.
The employee has a work contract with you under the Labor Code, whether written or implied, so if you want to change the terms, yes he must agree with the changes.
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Unless the law has changed, then the benefits are proportionate to his/her latest salary.
Have you been made aware of some change in that law, that it is no longer the case?
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