Bajo_cero2 said:
Perry, you mean that people who was hiring somebody evading his tax and retirement obligations is being sued. What´s the complain? That this is not India?
Bajocero, I generally find your posts highly informative and useful, and look forward to reading what you write. But this last comment is disappointing.
I can totally relate to what you are saying in this particular case, when there's a rotten SOB trying to cheat an unwitting foreigner out of money that they agreed on and she already worked for. But to extrapolate from this case to any case where anyone who "who was hiring somebody evading his tax and retirement obligations" can be sued just for that, is a stretch, which I find a bit disingenuous.
We are discussing a deal made by two consenting adults, who decided to bypass the system, each for his/her own respective motives. Why should one side be able to leverage that as blackmail against the other?
Between 40 and 60 percent of this country's workforce is in negro, for reasons that run beyond the scope of one forum post. The market realities assume a cost of labor that reflects this. For any worker to be able to turn around and sue, is just absurd. It's also unfair.
Presumably, the employee willingly stepped into this work agreement; we are not discussing coerced labor. It is eminently possible, to say the least, that he is taking home more in cash, in exchange for his employer paying no legally-mandated overhead. He effectively colluded with the employer to cheat the gov't out of taxes. Why, when there is a disagreement, is it right for the full force of the law to come down on
his side?
I understand the reality of how things work when the system is bypassed, and that this "extra-system system" seems to heavily favor employees. This is the reality, and must be accepted as such; indeed, in cases such as the OP, whose employer is clearly exploiting (or hopefully, "was exploiting"; what happened in the end?), it actually works out for the good. However, to blanket-defend such a one-sided "extra-system system" as just and right, just seems wrong, Indeed, as Perry suggested, an environment in which one is tempted to sue "because they can", does nothing but further worsen a business climate which is not world-renowned to start with.