question of employee's work hours?

[Rocky]

Originally Posted by newyorkcityboy

I should of said something when i gave him the raise but i did not.remember here in the dr. 10,000 pesos is a good salary.i does not amount to much in us dollors but here in the dr. that's a good salary. all i am asking for is a 47hr. work week if 44 is the law then how much do need to pay him extra for overtime and does he have the right to refuse.

He has the right to refuse.
Furthermore, when you gave him the raise, his benefits automatically went up proportionately.
That is to say, that if you fired him now, his "liquidacion" would be based on his present salary, not what he earned before.

More importantly.
Here are 2 possible solutions.
One is that you speak with him and get him to agree with the extra hours, explaining to him that you need him to do so, for whatever justification you have, and that you do understand that he doesn't have to.
If he accepts, good for you.
The other solution is to fire him with the understanding that you would rehire him at a different rate, should he decide to accept.
If he does accept, you would have to pay him all his benefits, liquidacion, regalia pascuale, vacation pay and 2 week notice.

[newyorkcityboy]

thanks i will take your advice i will talk to him on monday

[Campesina]

As Sr Guzman explained and showed in his copy of the law in my question about lunch hours, a legal workday is 9-5 including lunch. You state your hours are 9-6 therefore, you are already over the limit by 1 hour per day. Then, Saturday 9-2 is also over the legal limit by 1 hour. As it is, right now, you are over the legal limit by 6 hours, not 3.5 as you state in your 47.5 theory. As it stands, right now, your employee could go to the secretary of labor and claim the additional overtime from the time you hired him. Be careful. Get it straight, then go from there.

[Berzin]

Originally Posted by newyorkcityboy

...i should not be punished if i want him to work 5 extra hrs a week.

"Punished?" You are trying to punish HIM by trying to get him to work those extra hours FOR FREE!!! I am assuming you will be making money during the time he is employed those extra hours, so why don't you just hit him off with a little something extra instead of trying to coerce him into working that extra time for free?

[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.

[Rocky]

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.

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?

[GringoCArlos]

Severance has always been calculated just as the Christmas bonus, based on the previous 12 months average (this was always calculated and done for me by a large payroll service I used for our employee payroll).

I will check against my Labor Code book tomorrow, and post here, Rocky.

[Rocky]

Originally Posted by GringoCArlos

Severance has always been calculated just as the Christmas bonus, based on the previous 12 months average (this was always calculated and done for me by a large payroll service I used for our employee payroll).

I will check against my Labor Code book tomorrow, and post here, Rocky.

According to the website,
:: Secretaria de Estado de Trabajo ::
your information is correct.

[GringoCArlos]

OK Rocky, but I will post confirmation here, as well as information on some other points mentioned.

First: Libro I, Title VII, Capitulo III, Article 85: Cesantia and preaviso will be calculated based on the average salary received for the previous year, or fraction of year, and is calculated based on regular hours (if overtime was worked, and paid, it is NOT included in this calculation. If the employee is being fired, the same calculation is used.)

Second: Under Libro III, Capitulo II, title V, Article 203 - The normal workweek is 44 hours, with no more than 8 hours per day, and the normal workweek ends at 12:00 Saturday. Hours worked between 44 up to 78 hours per week are to be paid at no less than 135% of regular payrate. Over 78 hours per week are to be paid at 200% of regular payrate.

Holiday pay is at 200%. Nighttime work (between 9pm and 7 am) are to be paid at no less than 115% of daytime rate.

8 hours per day is considered regular workhours. Lunch taken at the workplace is considered to be for the employers convenience, and is "on the clock". This means that if an employee works from 9 am to 6 pm, eats at the workplace, they should receive 1 hour of Overtime each day as well. (Libro III, Capitulo I, Article 151, 3rd point.)

Hope this helps.

[newyorkcityboy]

overtime overtime is what i here all the time dont forget i pay my employee 10,000 pesos per month pluss traveling expenses pluss his seguro social 1.800 pesos per month all together about 14,000 pesos per month all i am asking for five hrs extra a week remeber he is getting a dam good salary pluss paid benifits by me.talk to me about overtime when an emolyee is getting min. wage. maybee i am wrong but look at the salary