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 Post subject: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 11:05 am 
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It was my understanding that all employers are required by law to give a certain percentage of an employees salary as a bonus in December. Is that not the case? Are certain businesses or employees exempt? It has come my attention that an establishment in the Gulch has not given bonuses yet. Can someone with knowledge of the law please respond? Thanks!

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 Post subject: Re: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 3:43 pm 
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From what i heard..

only government employees are to receive year end bonuses.. if its a private company or privately owned business i do not believe its mandatory to give out bonuses.


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 Post subject: Re: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 3:50 pm 
Chico123 wrote:
From what i heard..

only government employees are to receive year end bonuses.. if its a private company or privately owned business i do not believe its mandatory to give out bonuses.


Does not make a difference who the employer is... ALL employees in CR receive a 13th month salary, alguinaldo, by law. If you have not worked the entire 365 days of the year, you receive a pro-rated amount equivilient to time worked for the year.

By law it is to be paid on a non-scheduled pay day so it is received seperate from the employees regular pay. It is also required by law to be paid by either the 18th or 20th of December... I cannot remember the exact date but it is before Dec 25.

If an employee is not receiving alguinaldo it is likely their employer is not paying into Caja either so they are not receiving medical benefits. Most of the time this happens in construction or agricultural job with illegal NICA workers.

Also if you fire any employee you have to pay them a pro-rated alguinaldo upto that point of the year unless they are fire with proof and without responsibility (such as catching someone stealing with witnesses or video of the crime, or a well documented reason for terminating the employee).

CR is very employee friendly and often times a terminated employee will go straight to the Minitry of Trabajo and as for help. The government will provide a free lawyer to assist in getting them their privlidges.


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 Post subject: Re: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 4:20 pm 
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NEVER have a business down here where you need employees! It is all slanted pro-employee and they all know the labor laws backwards and forwards. And they use them. They know you basically can't fire them for anything and not end of paying. The aguinaldo, I heard, was originally designed for migrant farm workers, since they made very little money. Like much else CR, the system changed and got abused.


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 Post subject: Re: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 5:12 pm 
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Thanks for the responses. What would happen if the owner was going out of business, or claimed he didn't have the money to pay the employees? Would the government throw him in jail? If he was a Gringo resident, would they deport him? Would the government pay the employees in that scenario? I just wonder what recourse the emplyees would have. I assume bartenders and casino workers are covered by the law.

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 Post subject: Re: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 6:47 pm 
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I have a maid that comes once a week and I gave her just a little more than a months worth of pay as a bonus, 5 weeks.

She was happy so maybe another year without her placing rat poison in my cheerios.

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 Post subject: Re: CR year-end bonuses
PostPosted: Tue Dec 28, 2010 7:36 pm 
Icantstayaway wrote:
I have a maid that comes once a week and I gave her just a little more than a months worth of pay as a bonus, 5 weeks.

She was happy so maybe another year without her placing rat poison in my cheerios.


Technically by law you also need to be paying into CAJA for her. Be careful with this, even a Nica her without a work permit can F you over for not paying. You can also go to immigration on her behalf with a copy of her passport and get a one year domestic employee visa at little to no cost for you.

Even firing your cleaning lady can get you into trouble for not paying on termination. Even in these cases you would be required to have documented incidents of theft,etc. to fire with out pay.

sorry my damn space bar is b roken and I do no get my new com pu t er until my businesspartner returns on Jan 5.


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 Post subject: Re: CR year-end bonuses
PostPosted: Wed Dec 29, 2010 12:14 am 
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It is against the law not to pay the aguinaldo and the caja and so on, but it happens. To give an example, the old Nashville South never paid the last aguinaldo or the mandatory insurance. The employees had no place else to go, and hung on. Rumor has it they made it up in larceny, but I have no proof of that. As to a current gulch business, I have heard that indeed one didn't pay the aguinaldo and stopped caja payments. The employees would probably complain but all it would do is shut the business down, and they'd be totally out of a job. The business itself (from what I gather) is bankrupt, very much in debt.

The law may be pro-employee, in theory, but in fact there are many workers not receiving minimum wage and other government requirements like insurance. According to InsideCostaRica, 30% of workers receive LESS than minimum wage. If this is the result of pro-employee policies, I'd hate to see what happens if they were pro-employer.

http://www.insidecostarica.com/dailynews/2010/june/23/costarica10062309.htm

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 Post subject: Re: CR year-end bonuses
PostPosted: Thu Dec 30, 2010 9:13 am 
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I don't know why....but this discussion makes me think of "Tip Jars". Maybe because this discussion demonstrates how people these days always "expect" things and "assume" they are "owed" stuff. Gone are the days when money and other things are actually "EARNED". Which brings me to those GODDAMN "Tip Jars" at Self Service food places...Starbucks...etc. Why the F*CK people continue to drop loose change into those jars for people tha are providing absolutely NO value added service is beyond me.


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 Post subject: Re: CR year-end bonuses
PostPosted: Thu Dec 30, 2010 10:56 am 
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Icantstayaway wrote:
I have a maid that comes once a week and I gave her just a little more than a months worth of pay as a bonus, 5 weeks.

She was happy so maybe another year without her placing rat poison in my cheerios.

My former maid demanded an aguinaldo so I did some research. The aguinaldo is only due for full-time employees. She wanted a months pay even though she only worked two half-days a week. I explained the law and offered a prorated amount based on hours worked. She said she would quit if I didn't give her a full months pay. I accepted her resignation on the spot even though the aguinaldo wasn't due for a month.

I'm not against paying what I owe but I will not have an employee giving me ultimatums or attempting extortion.

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 Post subject: Re: CR year-end bonuses
PostPosted: Fri Dec 31, 2010 2:28 am 
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I accepted her resignation on the spot even though the aguinaldo wasn't due for a month.


a good maid is hard to find. So how do you like cleaning your own house?

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 Post subject: Re: CR year-end bonuses
PostPosted: Fri Dec 31, 2010 10:09 am 
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BondTrader wrote:
I don't know why....but this discussion makes me think of "Tip Jars". Maybe because this discussion demonstrates how people these days always "expect" things and "assume" they are "owed" stuff. Gone are the days when money and other things are actually "EARNED". Which brings me to those GODDAMN "Tip Jars" at Self Service food places...Starbucks...etc. Why the F*CK people continue to drop loose change into those jars for people tha are providing absolutely NO value added service is beyond me.


Not sure about Starbucks, but at the Tim Horten's stores here in Canada, they don't allow individual employees to accept tips, so the only other choice you have is to drop it in those tip jars and then they split the tips up evenly at the end of the week.month, etc. A lot of small bars and restaurants use this system as well (pooled tips). I don't agree with that system,. So what if the cook in the back doesn't get tips? He's being paid more then waitress at the front. In fact, many servers/waitresses make below minimum wage because the government factors in their "potential" tips.

I put myself through college working in the service industry so I have a lot of respect for the people that have to work there. I won't tip into a "pool" system. If I can't tip the person directly, like at the Tims, then I make sure to say a few kind words to them whenever I see them.

As for tipping in CR, I follow the same 'code', if you will. If someone provides exceptional service, then I will most likely leave them a tip. I really don't care what people say on this board about the whole country not expecting tips and how that's just a rich gringo thing.... It's my money, I'll do what the Phuck I want with it and treating people who work in a shitty job with some respect and then rewarding their good service... that's something that I have always done and will continue to do. Call it a "Canadian" thing. Call it a "Down East" thing... doesn't matter to me.


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 Post subject: Re: CR year-end bonuses
PostPosted: Fri Dec 31, 2010 10:20 am 
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Pacifica55 wrote:
Icantstayaway wrote:
I have a maid that comes once a week and I gave her just a little more than a months worth of pay as a bonus, 5 weeks.

She was happy so maybe another year without her placing rat poison in my cheerios.

My former maid demanded an aguinaldo so I did some research. The aguinaldo is only due for full-time employees. She wanted a months pay even though she only worked two half-days a week. I explained the law and offered a prorated amount based on hours worked. She said she would quit if I didn't give her a full months pay. I accepted her resignation on the spot even though the aguinaldo wasn't due for a month.

I'm not against paying what I owe but I will not have an employee giving me ultimatums or attempting extortion.


So, can we assume you were not slipping her some sausage? :lol:

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 Post subject: Re: CR year-end bonuses
PostPosted: Fri Dec 31, 2010 12:10 pm 
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PlaneCrazy wrote:
I won't tip into a "pool" system. If I can't tip the person directly, like at the Tims, then I make sure to say a few kind words to them whenever I see them.

PC,
I think you missed the point. It's not about tipping the person directly vs the tip jar. It's more about why a Starbucks or Dunkin Donuts employee thinks they are entitled to a tip in the first place. What have they done beyond what they are paid to do?


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 Post subject: Re: CR year-end bonuses
PostPosted: Fri Dec 31, 2010 5:38 pm 
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Orange wrote:
PlaneCrazy wrote:
I won't tip into a "pool" system. If I can't tip the person directly, like at the Tims, then I make sure to say a few kind words to them whenever I see them.

PC,
I think you missed the point. It's not about tipping the person directly vs the tip jar. It's more about why a Starbucks or Dunkin Donuts employee thinks they are entitled to a tip in the first place. What have they done beyond what they are paid to do?


I understand, but I do see some examples of when a tip would be warranted. Like on my way to work most mornings. I go to the same coffee shop at 5:20am almost every day and the store owner keeps putting only one guy behind the counter. It's right beside an airport and there's LOTS of people going to work at 6am there so the poor K*D runs his ass off for 2 or 3 hours until the older, more senior employees show up at 8 or 9. I've complained to the franchise owner several times. This K*D is one of the few that deserves a tip, IMO. he never looses his temper and is very fastl, even when things are getting crazy at both the counter and the drive-thru.

I do agree though that a lot of times, these places having a tip cup is silly. However, is it not just as silly to pay a propina that is automatically added to your invoice at a restaurant or bar in CR, even though the server you get may be slow and rude? That's worse to me as you have no choice in the matter.


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