PBH / colombia (active forums moreâ–¼ | travelguide | pictures) / post

 

Very very urgent fast reply PLEASE

Hey guys need some legal advice quick. Heres the story:

Had some one working for me part time. She came to me begging for job, someone I used to know. She helped me in the gym for about 3 hours for about a month until Jan when she helped with more hrs. I offered her a contract and she said no that she would rather train people personally which pays well. Something happened and I told her that she was not welcome at the gym anymore. Out of spite she has now gone to the ministerio trabajo to claim that she has been working with me for about 4 or 5 months and that she is owed liquidation etc. Fact is that when she started to help me I emphasized to that I couldn't pay her the minimum wage and so no contract. where do I stand. Got to meet tomorrow morning at the ministry. Advice please

By JohnD123 on Mar 9, 2008, 19:06 in Friendly Talkzone. AddThis Social Bookmark Button


vicshere says on Mar 9, 2008, 19:17:

your screwed man pay and learn always get a contract

listo

0 funny, 0 helpful.

Mr. Hollywood says on Mar 9, 2008, 19:27:

Advice: Don't ask for legal advice on the internet. You get what you pay for.

0 funny, 0 helpful.

Alma del Norte says on Mar 9, 2008, 19:30:

"You get what you pay for" - that goes for your "employees" too.

La vida es una rutina

0 funny, 0 helpful.

Medellin Traveler says on Mar 9, 2008, 19:31:

John,
Get legal advice, and stand your ground.

She may think 'cause you're a gringo that she can easily take advantage of you. Don't let it happen.

"Huevos Rancheros en Medellin, No Quiero Taco Bell." - www.medellintraveler.com

0 funny, 0 helpful.

Bam Bam says on Mar 9, 2008, 19:31:

Just do what I always do in times of trouble:

Pull out your wang.

60% of the time, it works every time.

0 funny, 0 helpful.

vicshere says on Mar 9, 2008, 19:33:

when they see his white ass at the ministerio trabajo hes already lost

listo

0 funny, 0 helpful.

RAAAY says on Mar 9, 2008, 19:34:

It'a a good thing you did'nt have a contract.

Your word against hers...............nothing to get too worked up about...............I had a similar thing.............actually, very similar...............

The ministerio trabajo folks deal with these stories every day..............worst case scenaro for you is it costs you a few hundred thou....................but you don't give enough details for a proper assesment..............Your accountant will deal with this shit often......................better to ask him/her....
\
.

.

.........Its useless to argue with ignorance

0 funny, 0 helpful.

vicshere says on Mar 9, 2008, 19:35:

and why spend money for a lawyer when a couple of hundred will wash this away...a lawyer will have a filed day with him

listo

0 funny, 0 helpful.

poco says on Mar 9, 2008, 19:37:

Before seeking professional services,, something you should do,, read this report. It's accurate. Six months is a magic number.

http://www.proexport.com.co/vbecontent/NewsDetail.asp?ID=5519&IDCompan...



Personally I'd never appear at ANY government authority w/o someone else doing the talking.

"When you men get home and face an anti-war protester, look him in the eyes and shake his hand. Then, wink at his girlfriend, because she knows she's dating a pussy." Quote - General Tommy Franks

0 funny, 0 helpful.

JohnD123 says on Mar 9, 2008, 20:27:

Thanks for advice thus far. The girls was employed less then 6 months and she only worked part time (less < 25 hours / week). Her pay per hour was near double the minimum wage. Given these details, does anyone know if she is entitled to liquidation. After reading poco's link, i'm thinking no. Anyone else?

0 funny, 0 helpful.

RAAAY says on Mar 9, 2008, 20:37:

Did you pay her health benefits each month.....?

.........Its useless to argue with ignorance

0 funny, 0 helpful.

cali373 says on Mar 9, 2008, 20:41:

Are you still fucked even if you payed her in cash!

Smile if you are a thinker!

0 funny, 0 helpful.

webmanco says on Mar 9, 2008, 20:41:

Did she had to punch cards, tiime in time out, I mean if she had not contract she is not obliegue to be at work at specific hours.

...A yo, déjenme queto y no me jodan má! ...

0 funny, 0 helpful.

JohnD123 says on Mar 9, 2008, 20:47:

Didn't pay health benefits and there is no record of hours worked (e.g. punch cards).

0 funny, 0 helpful.

RAAAY says on Mar 9, 2008, 20:54:

Well.......you'll be paying them now...............have you spoken to an accountant..?

Did you give her anything extra at Christmas.....?

.........Its useless to argue with ignorance

0 funny, 0 helpful.

Catfish35 says on Mar 9, 2008, 21:01:

Take her over to the top of the rock in Penol for a yom yom!

"So many guns, and so few brains". sam spade

0 funny, 0 helpful.

nine inch nails says on Mar 9, 2008, 22:12:

I like BAM BAM's solution. Rolling on the floor laughing...

"They know nothing, they know nothing." J. Cramer

0 funny, 0 helpful.

poco says on Mar 9, 2008, 22:24:

Quote: Did you give her anything extra at Christmas.....?

This is NOT customary for less than one years service, although I usually give workers a "basket of crackers and wine" when they are working Christmas. Last year I gave one guy a weeks wages but his work was exceptional.

When some people retire they are being replaced with contract workers. The new hires will work six months and bye-bye. If they are good workers then no problem. I'd suppose word gets around.

"When you men get home and face an anti-war protester, look him in the eyes and shake his hand. Then, wink at his girlfriend, because she knows she's dating a pussy." Quote - General Tommy Franks

0 funny, 0 helpful.

vicshere says on Mar 10, 2008, 07:00:

like i said offer her 200,000 make it go away...lesson learnt

listo

0 funny, 0 helpful.

Mononoke28 says on Mar 10, 2008, 09:38:

No contract and no pay stubs: no case. But since this is Colombia it'll cost you even outside the court if you know what I mean. It's best to give her something to shut her up or she'll shut you up one way or another.

Diana

0 funny, 0 helpful.

morphus says on Mar 10, 2008, 09:43:

Pay someone to rough her up and pistol whip her. Thats what she deserves.

0 funny, 0 helpful.

Gator says on Mar 10, 2008, 09:43:

1.You, in effect, fired her and that fact will weigh against you. Type of Contract(the fact you hired and paid her is an implicit contact under Colombian law) She had was an open ended (less than
1 year's service) and less that 10 minimum legal monthly salaries received. You will probably be liable for between 15 and 30 days legal salary.

My advice would be to pay her-it can't be that much.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

Mononoke28 says on Mar 10, 2008, 10:34:

Gator... what's # 2? XD

Diana

0 funny, 0 helpful.

msaucey says on Mar 11, 2008, 08:25:

So, John how did it go at the Ministry?....

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

0 funny, 0 helpful.

vicshere says on Mar 11, 2008, 08:29:

yes inquiering minds what to know

listo

0 funny, 0 helpful.

Robert Jorge says on Mar 12, 2008, 11:30:

Morphus wrote what I was thinking.

BEWARE of gold diggers.

0 funny, 0 helpful.

poco says on Mar 12, 2008, 12:02:

Your main problem might be not paying minimum wage.

The other "stuff" I do not believe is of consequence and you should not need to pay.

Personally I would NEVER pay anyone to GO AWAY but on the other hand I've never paid less than minimum wage because the people I've hired always make more. Paying someone is a BAD EXAMPLE, especially if a person is a foreigner. BAD, BAD, BAD. Do it once and when the word gets around the situation might escalate for others. Others, being Colombians.

Large numbers of people DO WORK below minimum wage. The employees of restaurants, coffee shops, maids etc. are examples. How do they do this? I haven't asked HOW but I do know SOME cases where the person is laid off at the end of their contract. They get a one month paid vacation and are rehired.

Quote from link:
The labor contract may be oral or written in any form. Labor contracts are classified by the duration of the agreement and include fixed-term contracts, indefinite contracts, specific labor contracts, and temporary contracts.

So, talk to an attorney. At worst it looks like you might have an “oral� temporary contract.

I was warned years ago, we’re talking a serious warning, NOT to pay over the prevailing rate.

"When you men get home and face an anti-war protester, look him in the eyes and shake his hand. Then, wink at his girlfriend, because she knows she's dating a pussy." Quote - General Tommy Franks

0 funny, 0 helpful.

vicshere says on Mar 14, 2008, 19:18:

so john what happen with the meeting the next day

what about a report

listo

0 funny, 0 helpful.

More posts by the same author:

bringing stuff into colombia on flight 15

inviting in-law to USA - need advice concerning visa papers 8

Telecommuting from colombia 10


Americas:

Mexico

Cuba

Colombia

Venezuela

Ecuador

Brazil

Bolivia

Peru

Chile

Argentina

Africa:

Kenya

Congo

Malawi

South Africa

Asia:

China

Japan

India

Nepal

Thailand

Laos

Cambodia

Vietnam

Malaysia

Indonesia

Philippines

 

Travel:

Travelguide writers

Travelicious

Travel with kids

Around the world trips

Learn travel Spanish

Off topic: your thing

Also:

All forums

Travelers

If you're not a part of this travelicious experiment just yet, just sign up here. It's free & easy.

 

About poorbuthappy | About the travel guides | Travel guide editing | Community rules | RSS feeds

© 1998 - 2008 Peter Van Dijck, all rights reserved.