salario caído

Discussion in 'Legal Terminology' started by Porteño, Jun 12, 2010.

  1. Porteño Senior Member

    Buenos Aires
    British English
    I am trying to translate a Mexican legal document and have come across this expression:

    El pago de salarios caídos, integrados, generados desdel el día en que fue injustamente despedido.

    I am reading this as being unpaid salaries/wages. Can anybody please confirm this?
     
  2. Iuris Tantum

    Iuris Tantum Senior Member

    Juneau
    Mexican Spanish
    yo diría lost wages
     
  3. piraña utria

    piraña utria Senior Member

    Cartagena de Indias.
    Spanish - Colombian with Caribbean nuanc
    Hi there,

    I don't know whether you have a simmilar thing or not in your system. Since Mexican labor law is pretty simmilar to that of my country, I just can described it: an amount equal to the last daily wage of the worker for each day of delay, by way of damages, if upon termination of the contract, the employer does not pay to the worker the wages and benefits to which the latter is entitled.
     
  4. Iuris Tantum

    Iuris Tantum Senior Member

    Juneau
    Mexican Spanish
    También se emplea "back wages" para salarios caídos.

    In Mexico, there is ample protection provided labor in Mexico. Employers are not permitted to dismiss employees without just cause. If they do so, the employee has a right to file suit for re-instatement or indemnification. The labor courts will presume that the person stating he was your employee is in fact your employee and that you dismissed him without cause.

    If resolved in favor of the employee, he has the right to reinstatement plus all back wages that were incurred while the court process was going on. If the employee decides not to seek reinstatement, then he may receive three months salary, all back wages, plus other items that were owed him/her prior to the dismissal (such as unpaid vacations, year end bonuses, profit sharing, seniority pay, maturity leave, and others
     
  5. Porteño Senior Member

    Buenos Aires
    British English
    So what do you think of this?

    The Payment of an amount equal to the last daily comprehensive salary from the day on which I was unfairly dismissed .......
     
  6. Porteño Senior Member

    Buenos Aires
    British English
    Many thanks for the info.:)
     
  7. Iuris Tantum

    Iuris Tantum Senior Member

    Juneau
    Mexican Spanish
    Yo creo que no. El concepto salario caído en ampliamente entendido en el jerga del derecho laboral:
     
  8. Porteño Senior Member

    Buenos Aires
    British English
    In other words I should use the term back pay.
     
  9. piraña utria

    piraña utria Senior Member

    Cartagena de Indias.
    Spanish - Colombian with Caribbean nuanc
    De acuerdo con tu opción de back pay.

    La figura mexicana veo que es similar a la colombiana, aunque la causa es un poco distinta.

    Saludos,
     
  10. Porteño Senior Member

    Buenos Aires
    British English
    'payment of the comprehensive back pay accrued from the date of my unfair dismissal ....'
     
  11. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    We have something similar in California. If the employer does not timely pay an employee wages that have been earned, the employer is subject to a waiting time penalty of a day's pay for each day that the employer is late. But the maximum penalty is 30 days.

    no me gusta

    payment of ... pay is wordy.

    "comprehensive" does not add anything. Whatever is considered back pay will be awarded.

    "Accrued" is implicit in the concept of back pay. Back pay is what would have been earned if the termination had not taken place.

    In legal English we would say "wrongful termination" instead of "unfair dismissal."

    So, my suggestion:

    back pay from the date of my wrongful termination.
     

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