How to handle an employer not paying union-stipulated raise

[Lala]

jajaja...no worries, citygirl. I didn´t take it like that anyway.

It is an Argentine company, and I kinda get the feeling that they are playing me for the boluda since I am foregin (I am the only American). I am also suspicious because my alguinaldo this year was 1) less than last year and 2) less than half of what I net from my base salary per month (which has increased from last year). I got a lot of circling here and there from HR on that one, never answering the question, and leaving me totally confused. In fact, they paid the alguinaldo a week ago, but I have yet to see and sign the recibo de sueldo. Once I have that, I will address it formally to get answers.

 

[citygirl]

Not that it matters but they make more than US minimum wage now - and that is before the upcoming raises. If it were to continue for the next 2 years, it would cease to be cost-effective for us to be here. (esp when you factor in the corp taxes, etc.)

I have teams in UK, Slovakia, India, China and here. This is by far more expensive than anything besides the UK.

Lala - as you know, your aguinaldo should be 1/2 of the highest pay you received in the last 6 months. Definitely take a look at the recibo de sueldo b/c there is no way it should be lower.

 

[SaraSara]

Less than 7.25 an hour, eh? How much do you pay your employees, if you don't mind me asking? I'm curious.

I don't believe Citygirl runs a fast food place or a carwash, so I assume she's not talking about minimum wages.

 

[fifs2]

I am scared to comment here as you may recall I turn into the incredible hulk when on the subject of 25-30% raises over the last 6 years of our company. We have offered such raises voluntarily and gladly as most of our staff arent unionized but the admin dept who is under the convenio recently just secured a 29% increase and a change of the assignacion non remunerativa which means the increases between May 2010 and Nov 2011 will mean 65% - 135% salary hikes. Yes it`s true and fully confirmed by the accountant and lawyer. Can you believe that the 23 year old admin, with 2 years experience will go from earning 2300 to 3800 ARS and earn more than the accountant...
Needless to say its cheaper to sack the unionized workers and hire anew...which I guess si soemthing the govt feared when they saw such large hikes being negotiated....you make your bed and you lie in it as my mother said.
Ok deep breath..for the OP. I am sure whay they are doing is illegal...its impossible to not pay the increase, even for discretionary payments which w ealso have here for the benefit scheme so wearing your cap I would say go to the union and fight for it. If they refuse you can always consider yourself fired (constructive dismissal) and go down the 5 years litigation route that keeps the shark lawyers in this country well fed..sorry for the bitterness...back to the meds cabinet.

 

[sesamosinsal]

I don't believe Citygirl runs a fast food place or a carwash, so I assume she's not talking about minimum wages.

Hi SaraSara, so nice of you to chime in. She said that if these increases keep happening that she will be able to "employ people in the US for less." Given that in the U.S. you can hire people to work 39.5 hours per week for $7.25 an hour, I thought I'd ask out of curiosity. But next time I'll run such a question by you to see if the answer to my question can be assumed.

Thanks for responding, citygirl.

 

[nikad]

jajaja...no worries, citygirl. I didn´t take it like that anyway.

It is an Argentine company, and I kinda get the feeling that they are playing me for the boluda since I am foregin (I am the only American). I am also suspicious because my alguinaldo this year was 1) less than last year and 2) less than half of what I net from my base salary per month (which has increased from last year). I got a lot of circling here and there from HR on that one, never answering the question, and leaving me totally confused. In fact, they paid the alguinaldo a week ago, but I have yet to see and sign the recibo de sueldo. Once I have that, I will address it formally to get answers.

Lala, your best bet is the union. If they are taking you for a boluda, they will get a happy surprise anyway, if they were able to sponsor your visa, maybe their competitors would do the same thing, just an idea. All these things you relate do not sound good/legal at all...

 

[AlexfromLA]

Hope everything works out for you Lala.

 

[laureltp]

I heard the same problem happened to an argentine friend who worked for a shady call center, you may want to seek assistance from the Ministry. http://www.trabajo.gob.ar/asistir/ [(54-11) 4310-5786/5959]

This friend of mine sued them and now is living in a house by the river in Tigre, it's worth a shot.