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Workers vacation days (double pay)

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Beege
11/2/2015 10:04 EST

My worker keeps coming up with all these additional vacation days in which he claims are double paid Holidays. I have looked all over the internet and the only paid holidays I can find are 9 days including: Jan 1st, 2 days in Samana Santa, May 1st, July 19th, September 14 & 15th, Dec 8th and Dec 25th. He is claiming these are local holidays which are also double pay. Would anyone have clarification on this? thank you

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mapper55
11/2/2015 10:21 EST

Very usefull information here:

http://www.nicaragua-guide.com/employees-domestic-help.html

Although it is specifically about domestic help, I believe it applies to all employees. Holidays appear to be defined, but 'vacation' is rather vague.

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Nicaman
11/2/2015 11:12 EST

LOOSE YOUR SO CALLED WORKER , HE IS MORE INTERESTED IN MILKING YOU THAN ACTUALLY DOING ANY PHYSICAL WORK.
HE IS NOT THINKING OF HOW HE CAN HELP YOU HE IS THINKING ON HOW HE CAN SCREW YOU. I KNOW ITS HARD TO BELIVE BUT THERE IS A FEW THAT DO WANT TO WORK, YOU WILL NEED TO GO THREW A FEW OF THEM. GOOD LUCK.

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Beege
11/2/2015 11:28 EST

Appreciate your replies, I've had this worker (quidador) for more than 3 years and now he has just started coming up with all these extra days that are just local events on the calendar such as school days off festivities etc, that he insists are double paid days. I will set him straight or else face looking for new employment.

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Nicaman
11/2/2015 12:33 EST

I just verified what he is claiming, i guess he is rite , and there is even more that he has not told you about , but i bet you as time goes on he will bring it out.
Its to bad he doesn't concentrate on working as much as he is nickel and dimming you.

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mapper55
11/2/2015 12:49 EST

Is there a list of these holidays anywhere?

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Beege
11/2/2015 13:03 EST

I've looked high and dry for websites and here are a few more that also claim 9 paid National holidays. The second link contains a calendar with many different events but it specifies above the nine paid National holidays.
http://www.tusalario.org/nicaragua/portada/derecho-laboral/vacaciones-anuales/trabajo-en-feriadoshttp://www.vercalendario.info/es/evento/feriados_nacionales-nicaragua-ano-calendario-2015.html

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Beege
11/2/2015 13:08 EST

I've looked high and dry for websites and here are a few more that also claim 9 paid National holidays. The second link contains a calendar with many different events but it specifies above the nine paid National holidays.
http://www.tusalario.org/nicaragua/portada/derecho-laboral/vacaciones-anuales/trabajo-en-feriados

http://www.vercalendario.info/es/evento/feriados_nacionales-nicaragua-ano-calendario-2015.html

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KeyWestPirate
11/2/2015 14:54 EST

I went through a difficult process involving a part time maid who took advantage of a failure to maintain accurate records.

She worked 3 half days, on occasion 4, but our "receipts". SIMPLY showed a period like June 1 through 15 and the amount paid.

So, when I finally let her go. (She stole from us outrageously) she filed a claim saying not only did she work full time but Sundays too.

The judge turned down her additional claims but pointed out that our payment receipts said nothing about part time, or less than a full week.

So she awarded the girl the difference, adjusted the vacation and Christmas pay.

I wound up with about $500 I had to pay her. Cheap lesson.

1, KEEP DETAILED RECORDS
and have employee sign and witness sign too.

2. Not that many people here like that but your cuidador sounds like one of them. He sounds like he's setting you up. This could turn into big money in a couple more years.

3. Three years,, still cheap to fire him, and put it behind you. Don't give him a reason other than your plans have changed. He's not entitled to one and you certainly don't want any hint of retaliation.



Good luck, keep your cool, best just to work your plan and keep mouth shut.

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Beege
11/2/2015 16:37 EST

Thanks for the great advice. My record keeping has been lacking and need to rectify this to avoid something such as yourself in the future. He is actually a good and honest employee and haven't had any real issues with him. As it turns out, I went into Granada today and is, in fact, a holiday for the workers today. No idea what this holiday is today and need to do some more investigating to clarify which all days of the year are actual double paid holidays. I believe these non-National holidays pertain to specific areas and may be different in other areas of Nicaragua. More homework ugg :(

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Taoskk
11/2/2015 20:10 EST

This is not true in many places, like target 1$ above daily pay

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elduendegrande
11/3/2015 15:48 EST

The last time we had some little trouble my wife went down to the labor board and asked them.

They were very helpful, and even advised her to keep good written records because there are employees who are crooks.

As far as local holidays, yes they exist. Each town has its patron saint and esteli has its liberation day. Govmint offices are closed, but you need to check on the exact legal status of each local holiday.

When my wife worked for an NGO that was fairly conscientious about these things, it seemed that often they would not get the official word on a holiday until the last minute.

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KeyWestPirate
11/3/2015 17:19 EST

One thing that worked for us (after the lesson that was actually paid out today, videoed, signed receipt with two witnesses, and three counting of the cash) -----

Is a simple monthly calendar page that you can download and print. The employees enter their start and stop times on the day's square and initial.

At the end of the pay period which is always a Friday, we draw a diagonal line and the total is entered and the employee signs.

Avoid six day weeks if you can because Sunday becomes a paid day even though not worked.

If it's domestic help it's easy to keep it part time. The farm is tougher, aS the workload comes in chunks.

I'd take the big Hobbit's advice and run any long term plan by the Misisterio de Trabajo.

But, by all means keep detailed records.

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elduendegrande
11/5/2015 11:13 EST

And keep in mind the culture, which tends to be heavy on manipulation and wishful thinking. Claiming you have to pay him might come easier to some people than straightforwardly asking for a raise. And manipulation of him by well-meaning (?) friends or relatives.

Find out what the law says from mintrab. If the guy is right, pay him, tightwad. If he is wrong but the local govmint and hmo employees are getting extra holidays, have a chat with him, you may or may not want to give him the extra holidays. Minimum wage and minimum fringes are just that, good employees deserve at least a little more.

Employees who work on your property or in your home need to be held to a higher standard. If after you do the above and you think he is a flake, can him and look for somebody new, but have a written contract that spells out all these things.

Life in Camelot involves a lot of paperwork.

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airportxmanaguahotel
11/7/2015 02:17 EST

There are some double days that are paid in Managua only (fair days, etc.). The double days are all made by resolution from MITRAB and can be found at the following page on MITRAB's website:

http://www.mitrab.gob.ni/bienvenido/documentos/comunicados/

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Beege
11/7/2015 08:20 EST

Thanks, I've seen those double days for Managua. Still can't confirm what other days here in Granada are double days also. Last Monday Nov 2nd, was indeed a holiday here as I had clarification from a few staff workers in town being a double payed holiday also police and immigration offices were closed. Can't find any info on the ministerio del trabajo website. Nobody seems to know what days all these holidays are in the year here until the day comes. Frustrating but you have to get used to this among many other abnormalities in Nicaragua.

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Nicaman
11/7/2015 09:25 EST

PLEASE DO YOUR SELF A FAVOR AND ALL THE OTHERS THAT ARE WASTING YOUR TIME, I DONT THINK OR I HOPE YOU DID NOT COME HERE TO STRESS OUT OVER SOME LAZY SON OF A BI--CH THAT DOES NOT WANT TO WORK, AND AT THE END OF ALL THIS WASTED TIME HE IS JUST GOING TO SCREW YOU. SORRY TO BE SO STRAIGHT FORWARDS BUT MY FRIEND ITS SATURDAY DONT LET THIS BASTARD STRESS YOU OUT.
WHY DID YOU COME TO NICA , WAS IT TO DEAL WITH THIS KIND OF BULL SH-T ??.
THINK ABOUT IT, GOOD LUCK COME ON ENJOY THE FEW YEARS YOU HAVE LEFT.

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Beege
11/7/2015 14:23 EST

First of all, I am not the least stressed over this (maybe just a little after reading your thoughtful post) and don't think I ever came across that way in my posts. Secondly, my quidador is not a lazy son of a B%*CH and I don't believe for a minute he is trying to screw me. But what your suggesting is to just screw the Nicaraguan people in what they are entitled to. Anyways I just joined up on this site to see if I could find further info on this matter, stress-free, Tona please!

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novato1953
11/7/2015 15:14 EST

When you get down to it, legal Nicaraguan holidays are only a problem if you legally hire a Nicaraguan. If you want to maximize your personal gain and don't give a hoot for the karmic consequences, take on migrant Cubans. About 30,000 Cubans a year now enter the US across the Texas-Mexican border, more than Florida, The non-rich Cubans generally arrive after an overland journey from Quito. Ecuador is now reportedly the only non-island nation in Latin America that allows Cubans to land without visas. Check on revolico.com, a sort of Cuban craigslist. If rule breaking is what you live for, you could pay the Cuban extra Bitcoin to teach you to cook the way Cubans cook when they can afford the ingredients.

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airportxmanaguahotel
11/8/2015 02:35 EST

There are two types of holidays. There are days the government and schools get off or are paid double, but that do not apply to the private sector. Call MITRAB and ask if you aren't sure.

All the benefits (double day, 13th month, vacations, indemnization for when they quit or are fired without you getting permission from MITRAB) amounts to about 50% of salary. It'd certainly be easier to get rid of it and just raise the minimum wage, but the archaic system sounds good politically. The best thing to do is, if the wage is $200 a month, put aside $100 a month for the big day when you have to deal with indemnization (severance).

Also if firing an employee for cause, don't be hesitant to initiate a case before MITRAB to obtain permission to terminate them.

Finally, remember there are no pro-rated vacation, 13th month, or indemnization if the employee is terminated on the 29th day of work. Also time contracts do not pay indemnization and can be renewed 2 times before they become an indefinite employee (but if you have a time contract, you must fire the employee via MITRAB or the employee can claim the wage of the entire contract).

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Beege
11/8/2015 08:41 EST

Thanks for your helpful info. Agree the employee system is a tad ludicrous to say the least. I found the Granada address through the MITRAB website and will clarify the paid holidays with them.

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JohnSS
11/9/2015 05:39 EST

KeyWestPirate you have the 6 day rule wrong you do not pay extra for the 7th day.
The labor board defines the normal work week as 6 days @ 8 hrs = 48 hours total
Pay is based on a 30 day month. Monthly pay is 4.33 X weekly pay (or simply 26 times the pay you give them daily ).
This monthly pay includes pay for the 7th day. Legally pay per day is calculated as 1/30 of monthly pay which including pay for the 7th day.
In other words a portion of pay you give then for each day worked is part of the 7th day pay.

ONE CAVEAT - Some local labor boards make their own rules. You can beat the local rules in court or going up the ladder but that's not wise either for obvious reasons.
But pay is so well defined in the labor law this should not be an issue working 6 days per week.

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JohnSS
11/9/2015 05:59 EST

BTW you calculate the extra pay for a holiday as 1/30 of monthly pay which is an advantage for the employer since this is less than pay/day for actual days worked. But if he takes a day off it's the same 1/30 so the employee wins.

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JohnSS
11/9/2015 09:18 EST

Sorry Beege didn't touch your question.
Here are the national notices they publish.
http://www.mitrab.gob.ni/documentos/comunicados

We do exactly as you said call the local labor board for local holidays. You may get to know them well anyhow they visit us twice a year for an audit. They take the employees aside and ask about working conditions, monthly pay, and anything else they want.

They have been tying hard to force us into employee contracts. This means you can't fire an employee without going through them with a good reason to get permission. The labor law is clear on that it's not required. So we say we will probably do that but need to think about it and then do nothing.

Obviously you bend over backwards to get along with employees especially for holiday pay but KWP's story shows they will sometimes lie & screw you anyhow.

Sounds like you have your hands full good luck!

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KeyWestPirate
11/10/2015 08:34 EST

I guess that this begs the question: can you hire someone 3 half days a week?

Or, pay casual labor when you need it?

What about someone who just watches your house while you're gone? Really is not working, just there at night?

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JohnSS
11/10/2015 09:47 EST

If you get a snake like KWP did it's pretty hard to protect yourself. How do you handle lies & fake injuries on the job if you have no INSS coverage?
And INSS usually requires a higher pay than 1-2 days per week for coverage. The don't want to have to pay retirement for low paid workers.
You could have a real problem if they get injured or disabled on the job.

Part time like a cleaning lady one day a week is an unanswered subject in many discussions.

But , 3 half days per week & other part time hours is pretty common. Generally pay the % of minimum wage or higher & the same extra 3 months extra per year. Holiday pay if it falls on their scheduled work day. The problem with part time Is that the pay may not meet the minimum iNSS requirements.

Occasional casual labor paying cash is pretty common but again what happens for injury/disability.

If your night watchman does not live there he may be a personal care employee & double time after 8 hours and all the other benefits?? INSS??

The problem talking to the labor board is that you don't want to ask a question if you can't accept the answer.

My experience talking to others that hire a quite a few various types of workers is that the local labor board makes the rules.

For example 3 of my people wanted to work 4 days, 12 hours/day for the 48 hour work week then 3 days off. My board guy who audits us said that was fine & no overtime is required unless they go over 48 hours total per week.
Yet this clearly violates the labor laws that call out 8 hour max per day and additional hours double time.

Good luck.

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JohnSS
11/10/2015 10:06 EST

BTW this is a very popular English language summary of labor laws in Nicaragua. If necessary click "English" in the upper right corner.
But since the labor laws only reference a 8 hours/day 6 days for a standard work week part time labor is undefined:

http://www.leylaboral.com/nicaragua/Intronicaragua.aspx

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cpohare
11/14/2015 14:26 EST

I strongly suggest that you fire him. This is what I do, and I follow the law to the letter. I give my worker the day off when there is a local holiday, it's cheaper. If you want him to work on that day, pay him double, and KEEP record of it. There are few official holidays in Nicaragua and and if he works on them because you want him to, then pay double. You can find the official holidays on the website, or call the American Citizens Services (ACS) at the American Embassy - tel. 2252-7100, and ask them to connect you with the ACS section. I go to them with all my questions.

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cpohare
11/14/2015 14:29 EST

By the way, the holidays you found in the internet are the right ones. Call the ACS at the American Embassy when in doubt, or just give him the day off on any of those holidays and trust your dog to watch your house on those days.

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JohnSS
11/14/2015 15:05 EST

Ja ja - Actually you are getting a discount of 13% if you have him work the holidays. A day's pay is the month$$/30 days but his actual daily pay is month$$/26 days.
Of course anytime he needs a day off for personal business the opposite is true.

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JohnSS
11/14/2015 15:45 EST

The subject of quidadors especially night guys is a touchy subject for many employers. Most will work more than 7 hours/night because it's easier work than a day job so it's OK with them.
But...............

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MarioRobleto
2/12/2016 19:29 EST

There is a accounting firm in Managua that posts information about taxes and accounting stuff for business and whatnot.

They have a list of holidays http://www.saenicsa.com/#!National-Holidays-for-2016/mhqg1/56ba50f10cf2fd311cdcb4bf

The firm is SAENICSA.

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Beege
2/13/2016 08:12 EST

Great info, thank you.

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