Labor law and its connotations in mexico

If you don't want to suffer, don't stop, but if you don't want for you to stop? San Agustin.

Introduction

It can be said that the conceptualization of Labor Law is made up of the set of precepts, of public order, regulating the legal relations that Labor has for its own account and under other people's dependencies, in order to guarantee to whom run it, your full development as a human person; and to the community the effective integration of the individual in the social body, and the regularization of conflicts between the subjects of these relationships. Laconically its purpose is the Protection of the Worker therefore its main elements are:

Free and Personal Human Work. The Dependency Relationship, characterized by subordination and work carried out for others. The payment of Remuneration as Consideration.

The social phenomenon of work generates asymmetric relationships between contracting parties, in which there is generally a Strong part (the Employer) and a Weak part (the Employee). For this reason, Labor Law has a protective function with respect to the worker, its norms tending to restrict the freedom of business to protect the weak party from the strong, and thus pursuing aims of supervised social structuring.

Article 23 Universal human rights law

Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. Everyone has the right, without any discrimination, to equal pay for equal work. Every person who works has The right to an equitable and satisfactory remuneration that ensures him, as well as his family, an existence in accordance with human dignity and that will be completed, if necessary, by any other means of social protection.

Everyone has the right to form and join unions to defend their interests.

1.- Denominations of labor law

Labor Law, as a Legal Branch of relative and recent date, and in constant evolution, has received a variety of names. In its beginnings it was known with the name of Industrial Legislation or Industrial Law, later it was cataloged as Labor Legislation or Labor Law, framing it within the sphere of Social Law. But at present, both the World Labor Organization (ILO), as well as the University Doctrines and Chairs, refer to this legal area as the "Labor Law", our regulations adopt this legal nomenclature, although lately taking the name of " Labor Law ”.

1.1.-Definition

Labor law (also called labor law or social law) is a branch of law whose legal principles and rules are intended to protect human work done freely, for hire, in a relationship of dependency and in exchange for consideration. It is a heteronomous and autonomous regulatory system that regulates certain types of dependent work and labor relations.

Labor Law.

Law: set of legal norms that govern life in a society.

Labor law: set of legal rules that are given from worker to worker, from worker to employer and vice versa.

Labor law: it is a set of legal norms that will regulate relations between workers and employers; always seeking the balance between labor and capital, these laws are of public order.

Elements of Labor Law:

Set of legal norms à are found in a code of obligatory character for all. Regulates the relations between the worker and the employer. Seeks the balance of the worker and the employer. Public order à the state is in charge of the fulfillment of the norms

1.2.- Nature of labor law

Legal nature

Labor law is a part of private law made up of public order regulations.

Doctrinally, it is considered as public law, private law and even as a mixed law. In terms of individual law, public order prevails, it is a private law limited by public labor order.

Location of labor law

It is still debated among the Tratatistas whether the Legal Nature of Labor Law or Labor Law is Public or Private. Some believe that to know if the rule is Public Law, you must analyze the existing Legal Relationship, so it will be public if the rule that governs it is public.

Others, to determine their Nature, refer to the subjects involved in this relationship, determining that if the above subjects are Private Law, the relationship is logically Private Law or vice versa.

It should be noted that Labor Law cannot be qualified in any of the two traditional branches of Law, Public or Private, since it is made up of convergent rules of both categories, and clearly different norms of a Public or Private.

1.3.-Characters of labor law

It is a Dynamic Law: it is constantly evolving, arising from social reality. Because it regulates the Legal-Labor relations established between the two poles of the Capitalist Society. And due to the great clashes of its protected interests, we see that it has an unfinished character. This is how it has been seen throughout the Legal History of Venezuela, where a series of Codes and Laws is captured that in recent decades have been reorganized and adapted to moments of experience.

It is a Right of Social Integration: since its principles and norms obey the general interest.

It is a Right of Great Expansive Force: because it was born protecting the Workers and then the Employees. Today it has a very wide coverage since it regulates Duties and Rights of Employees and Employers Workers or Employers. On the other hand, it regulates everything related to wages, hours of work, occupational safety, justified and unjustified dismissals, individual contracts, unions, strikes and others.

It is a Professional Right: it deals with Man by the mere fact of Profession or Work.

It is an Imperative Law: as a Norm of Public Law, it is an Imperative, and therefore cannot be waived or relaxed by private agreements.

It is an Autonomous Right: it has scientific, legislative and didactic autonomy that allows it to resolve the subject matter of its own accord. That independence is not absolute nor is it a right of exception: autonomy is rather relative, since the right is interrelated between its different parts.

It is a Concrete and Current Law: although it is true that in the Labor Law, there are abstract regulations, the regulations are adapted to the needs of the Country, taking into account the diversity of the Sexes, Special Labor Regimes, Labor Minors, Apprentices, Women, Domestic Workers, Janitors, Home Workers, Sportsmen and Rural Workers.

1.4.- Labor law and other branches of law

3. Labor Law as Social Law.

It is called Social Law because it undergoes transformations, before it was a class right and today in a common right, it is also born from society according to its needs.

4. Labor Law as a Social Guarantee.

The social guarantee is a need of the community and / or society, social guarantee is not an individual guarantee, the first is given as a source so that the second can be born, in this case the social guarantee was given when the Mexican Revolution was won by a necessity and the individual guarantee is given by establishing itself in a constitutional article.

Art. 123: tells us about Labor Law.

It is divided into two sections A and B.

1.5.-Other branches of labor law:

Civil law

Civil law or common private law, is the set of legal norms that regulate the most universal relationships of people, with respect to family and property. There is a relationship between labor and civil law in that: Civil law is a substitute for labor law, and it is applied in the absence of legal or contractual labor regulations that resolve the controversial case.

Constitutional right:

This branch of internal public law studies the Constitution of a country, that is, the legal organization of the integral life of the State. The legal-labor standards must conform to the fundamental principles and guarantees proclaimed in the Constitution of each country. All modern constitutions of liberal-social content, enshrine political, economic and financial principles.

Administrative law:

Administrative law is the dynamic of constitutional law, therefore, the set of principles and rules that comprise it, discipline the total activity of the State for the fulfillment of its purposes. In all countries, there is an administrative labor organization, that is, new State bodies instituted with different names: Ministry, Department or Directorate.

1.6. Historical Background of Labor Law.

For the purpose of our study, the current legislation of Labor Law has its antecedent or historical source in that armed movement called the Mexican Revolution; It arises based on the need that arose due to the lack or absence of an employment relationship that already existed in countries like Europe.

At the beginning of the 20th century, there were two social classes, the first were people from the public power and the second from those who only had their workforce, the latter served as domestic workers, where they were occupied from housework to Agricultural labors.

Raya's store, which apparently was then to safeguard the economic interests of the poor, was nothing more than a simulation where they were increasingly committed, hence the pressure of that class to feel marginalized, according to history. abused and abused by who at that time turned out to be his master, aroused the need to rise up, then not knowing how long it would last ?, or what the achievements that would be obtained in the Mexican Revolution were going to do.

Once the triumph of the Mexican Revolution was decreed, a provisional constituent congress of legislators was established in Querétaro where their main objective was to make a constitution that abrogated the one that until then worked or was in force and that was the Constitution of 1857. This The new Constitution had to be based on the priorities for which the Revolution fought, among them, the triumph of labor, the establishment of labor tribunals, the justification of the labor relationship, the creation of the minimum wage, the formation of unions, etc.

Hence the achievement, winning as a Labor Law in the new Constitution having the Revolution of 1910 as its historical background.

2.-Subjects of labor law

Article 22

Everyone, as a member of society, has the right to social security, and to obtain, through the national effort and international cooperation, taking into account the organization and resources of each State, the satisfaction of economic, social and cultural rights., indispensable to his dignity and the free development of his personality.

2.1.-Concept of the worker

Article 8 Federal Labor Law - Worker is the natural person who provides another, physical or moral, subordinate personal work.

For the purposes of this provision, work is understood as all human, intellectual or material activity, regardless of the degree of technical preparation required by each profession or trade.

2.2. Employer concept

Article 10. Federal labor law - Employer is the natural or moral person who uses the services of one or more workers.

If the worker, in accordance with what is agreed or custom, uses the services of other workers, the employer of that worker will also be theirs.

Article 11. Federal labor law - The directors, administrators, managers and other persons who exercise functions of direction or administration in the company or establishment, will be considered representatives of the employer and in such a concept they oblige him in his relations with the workers.

Article 12.- Federal labor law.- Intermediary is the person who hires or intervenes in the hiring of one or more others.

2.3.- Company concept

"A company is a system with its environment materializes an idea, in a planned way, satisfying customer demands and wishes, through a commercial activity". It requires a reason for being, a mission, a strategy, objectives, tactics and policies for action. A previous vision is needed, as well as a strategic formulation and development of the company. It must start from a good definition of the mission. Subsequent planning is conditioned by this definition.

Article 7o.- Federal labor law. In any company or establishment, the employer must employ at least ninety percent of Mexican workers. In the categories of technicians and professionals, the workers must be Mexican, unless they are not in a specific specialty, in which case the employer may temporarily employ foreign workers, in a proportion that does not exceed ten percent of those in the specialty. The employer and foreign workers will have a joint obligation to train Mexican workers in the specialty in question. The doctors at the service of the companies must be Mexican.

The provisions of this article do not apply to directors, administrators and general managers.

3-Individual work relationships

3.1. Individual written contract.

employer à worker. the employer grants wages to the worker. a working day. worker's disposition.

It must be a written document. If there is no written document, the law assumes it is true.

Burden of proof: they demonstrate evidence before the authority.

3.2. Requirements of the individual employment contract

Name, nationality, age, sex, marital status, domicile of the worker and the employer.If the employment relationship is for work or determined time or indefinite time, the service or services that must be presented, will be determined as accurately as possible. the place or places where the work must be presented. The duration of the day. The form and amount of the salary. The day and place of payment of the salary. The indication of training and training for the worker according to the plans and programs established in companies in accordance with the law.Other working conditions such as: rest days, vacations and others that suit the worker and the employer.

Article 20.- An employment relationship is understood, whatever the act that gives rise to it, the provision of subordinate personal work to a person, through the payment of a salary.

Individual employment contract, whatever its form or denomination, is one by virtue of which a person is obliged to lend another subordinate personal work, by paying a salary.

The provision of a job referred to in the first paragraph and the contract concluded produce the same effects.

Article 21.- The existence of the contract and the employment relationship between the person who provides personal work and the one who receives it are presumed.

Article 22.- The use of the work of minors under fourteen years of age and those over this age and under sixteen who have not completed their compulsory education is prohibited, except in exceptional cases approved by the corresponding authority in which, in their judgment there is compatibility between studies and work.

Article 22 Bis.- When the labor authorities detect a child under 14 years of age working outside the family circle, he shall order that he immediately cease his work. The employer who engages in this conduct will be sanctioned with the penalty established in article 995 Bis of this Law.

In the event that the minor is not accruing the salary received by a worker who provides the same services, the employer must compensate the differences.

Family circle means the minor's relatives, consanguinity, ascendants or collaterals; up to second grade.

Article 25.- The document stating the working conditions must contain:

I. Name, nationality, age, sex, marital status, Unique Key of Population Registry, Federal Taxpayer Registry and domicile of the worker and employer;

II. If the employment relationship is for a specific job or time, per season, the training started indefinitely and, if applicable, if it is subject to a trial period.

Article 35. Labor relations may be for a specific work or time, seasonally or indefinitely, and where appropriate may be subject to testing or initial training. In the absence of express stipulations, the relationship will be for an undetermined time.

4.-Termination of work relationships

Article 53.- The following are causes for termination of employment relationships:

The mutual consent of the parties; The death of the worker; The completion of the work or expiration of the term or capital investment, in accordance with articles 36, 37 and 38; The physical or mental disability or manifest incapacity of the worker, who does impossible the provision of work; and The cases referred to in article 434.

Article 54.- In the case of section IV of the previous article, if the disability comes from a non-professional risk, the worker will have the right to be paid one month of salary and twelve days for each year of services, in accordance with the provisions of article 162, or if possible, if you wish, to be provided with other employment compatible with your skills, regardless of the benefits that correspond to you in accordance with the laws.

Article 55.- If in the corresponding trial the employer does not verify the causes of the termination.

5. Working day

Article 58.- Workday is the time during which the worker is at the employer's disposal to provide his work.

Article 59.- The worker and the employer will set the duration of the workday, without exceeding the legal maximums.

Workers and the employer may distribute the hours of work, in order to allow the former to rest on Saturday afternoon or any equivalent modality.

Article 60.- Day shift is between six and twenty hours.

Night shift is between twenty and six hours.

Mixed day is the one that includes time periods of the day and night hours, as long as the night period is less than three and a half hours, because if it comprises three and a half or more, it will be considered a night day.

Article 61.- The maximum duration of the day will be: eight hours the day, seven the night and seven and a half hours the mixed.

Article 62.- In order to fix the working day, the provisions of article 5, section III will be observed.

Article 63.- During the continuous work day, the worker will be granted a half hour break, at least.

Article 64.- When the worker cannot leave the place where he renders his services during the hours of rest or meals, the corresponding time will be computed as effective time of the workday.

Article 65.- In cases of an accident or imminent risk that endangers the life of the worker, his colleagues or the employer, or the very existence of the company, the workday may be prolonged.

Article 66.- The working day may also be prolonged due to extraordinary circumstances, never exceeding three hours a day or three times in a week.

Article 67.- The hours of work referred to in article 65 shall be remunerated with an amount equal to that corresponding to each of the hours of the day.

The hours of extraordinary work will be paid with one hundred percent more than the salary corresponding to the hours of the day.

Article 68.- Workers are not obliged to provide their services for a longer time than allowed in this chapter.

The extension of the extraordinary time that exceeds nine hours a week, forces the employer to pay the worker the excess time with two hundred percent more than the salary corresponding to the hours of the day, without prejudice to the sanctions established in this Law..

5.1.-Rest days

Article 69.- For every six days of work, the worker shall enjoy a day of rest, at least, with full wages.

Article 70.- In the jobs that require continuous work, the workers and the employer shall determine by common agreement the days in which the workers must enjoy the weekly rest.

Article 71.- The regulations of this Law shall ensure that the weekly rest day is Sunday.

Workers who provide service on Sunday will be entitled to an additional bonus of twenty-five percent, at least, on the salary of ordinary work days.

Article 72.- When the worker does not provide his services during all the working days of the week, or when on the same day or in the same week he renders his services to various employers, he shall be entitled to be paid the proportional part of the salary of rest days, calculated on the salary of the days on which he had worked or on which he had received from each employer.

Article 73.- Workers are not obliged to provide services on their days off. If this provision is violated, the employer will pay the worker, regardless of the salary corresponding to the rest, a double salary for the service rendered.

Article 74. The following are mandatory rest days:

The 1st. January; The first Monday of February in commemoration of February 5; The third Monday of March in commemoration of March 21; The 1st. May; September 16; The third Monday of November in commemoration of November 20; The 1st. of December of every six years, when it corresponds to the transmission of the Federal Executive Power; On December 25, and That determined by federal and local electoral laws, in the case of ordinary elections, to carry out the electoral day.

5.2.-Holidays

Article 76.- Workers who have more than one year of services will enjoy an annual period of paid vacations, which in no case may be less than six working days, and which will increase by two working days, up to twelve, for each subsequent year of service.

After the fourth year, the vacation period will increase by two days for every five services.

Article 77.- Workers who provide discontinuous and seasonal services shall be entitled to an annual vacation period, in proportion to the number of days of work in the year.

Article 78.- Workers must continuously enjoy six days of vacation, at least.

Article 79.- Holidays may not be compensated with remuneration.

If the employment relationship ends before the end of the service year, the worker shall be entitled to remuneration commensurate with the time of services rendered.

Article 80.- Workers will be entitled to a bonus of not less than twenty-five percent on the wages that correspond to them during the vacation period.

Article 81.- Holidays must be granted to workers within six months following the completion of the year of services. The employers will annually give their workers a certificate that contains their seniority and in accordance with it, the corresponding vacation period and the date that they should enjoy it.

6.- Salary

Salary3 (also called salary, 4 welded5 or stipend6) is the sum of money and other payments in kind that a worker receives periodically from his employer for a certain time of work or for the performance of a specific task or manufacture of a product. determined. Payment can be monthly, weekly or daily, in which case the name of the day, of the term working day.7

Salary derives from the Latin salarium, which means payment of salt or by salt. This comes from the ancient Roman empire where many times payments were made to soldiers with salt, which was worth its weight in gold, since salt in Antiquity was one of the few ways that meat was preserved, that is, putting it salted.

It is the remuneration that the employer must pay the worker for his work.

The salary will be set per unit of time, per unit of work, per commission, at a lump sum or in any other way.

When the salary is set per hour unit, the nature of this must also be specified, and the quantity and quality of the material, the state of the tool and tools that the employer at home provides to carry out the work and the time must be stated. by making them available to the worker, without being able to demand any amount for natural wear suffered by the tool as a result of work.

6.1. Salary integration

ART.82 LFT The salary is integrated with the payments made in cash for daily fee, bonuses, perceptions, room, bonuses, commissions, benefits in kind and any other amount or benefit that is given to the worker for his work.

The salary must be remunerative and never less than the one fixed as a minimum, this according to the law.

The payment of wages should not be more than one week for those who provide material service and 15 days for others.

6.2. Minimum salary. ART.-90LFT

It is the amount that the worker must receive in cash for the services provided in a work day.

The minimum wage must be sufficient to meet the normal needs of a family head, in the material, social and cultural order, and to provide the compulsory education of the children.

Minimum wages will be set by a national commission made up of representatives of workers, employers and the government, which may be assisted by special advisory commissions that it considers essential for the best performance of their functions.

ART.87 LFT. Payment of the Christmas bonus.

Workers will be entitled to an annual bonus that must be paid no later than December 20, this bonus must be equivalent to at least 15 days of salary, if the worker has worked the full year, if not, will pay you proportionally to the annual time worked.

Objective law: systematic order in laws.

7. The participation of workers in the profits of the company

What is the PTU?

First of all, the Participation of workers in the profits of companies is a RIGHT established in article 123 fraction IX, subsection A of the Political Constitution of the United Mexican States and also in article 120 of the Federal Labor Law.

The PTU represents 10% of the profits of companies that have workers under their charge, which is calculated according to article 16 of the Income Tax Law (ISR), which if I start to explain it here would confuse them more Furthermore, article 16 deserves a separate post.

Who is entitled to receive the PTU?

All workers who develop a SUBORDINATED PERSONNEL job, by paying a salary.

Personal Work: No Professional, Technical Title or previous knowledge is required. In other words, personal work can be done by any ordinary person.

Subordinate Personal Work: The same described above except that it is subject to the orders of a hierarchical superior in the organization chart of the company.

The key word is SUBORDINATION, most companies have different schemes to avoid subordination of workers, as this avoids, in addition to paying the PTU, other labor obligations. That is why many of you are paid via fees, assimilated to wages, through cooperatives and others.

As I described above, you have to work PERSONAL and SUBORDINATE to a physical or moral person to be entitled to the OCT, according to the following:

Plant workers: Regardless of the days worked during the year Temporary workers (by contracts): They will be entitled to PTU when they have worked a minimum of 60 days during the year continuously or discontinuously Former plant workers: They are entitled to PTU with the number of days worked and the salary received during the time worked in the fiscal year in question. Former temporary workers: You are entitled to PTU if they worked a minimum of 60 continuous or discontinuous days during the year in question.: You have the right to PTU with the limitation that if the salary they receive is higher than that corresponding to the unionized or basic worker with the highest salary within the company, the latter salary is increased by 20%, as the maximum salary for calculate the PTU. Example:

Trusted Employee: $ 500.00 Daily

Unionized Worker: $ 200.00 Daily

Salary with which the Trusted employee contributes to calculate the PTU: $ 240.00

Who is NOT entitled to OCT?

The directors, administrators and general managers of the company

Domestic workers

Shareholders

Those who provide services INDEPENDENTLY (Professionals, Technicians, artisans, etc.); this is where SUBORDINATION becomes relevant.

Temporary workers, provided they have not worked more than 60 days

Who is required to pay the OCT?

All employers, whether individuals or corporations, who have WORKERS at their service. Read again that they must be Workers who provide Subordinate Personal services.

Who is NOT obliged to pay PTU?

The Federal Labor Law establishes the companies exempt from the payment of the PTU which are the following:

New Creation companies, only for the first year.

New Creation companies that are dedicated to the manufacture of a NEW product during the first 2 years.

Mining companies during the Exploration period. Companies are understood to have no income during the exploration period, until the extraction begins.

Non-profit private assistance institutions such as asylums, foundations, etc.

IMSS and decentralized public institutions.

On what date is the PTU paid?

The PTU must be delivered within 60 days from the filing of the annual return.

Legal entities (companies) had to file the annual declaration between the months of January to March 2014; As good Mexicans, we leave everything until the end, so no later than May 31, the PTU must be delivered.

Natural persons must file their annual return ONLY during the month of April (natural persons cannot anticipate the filing), so they have to pay the OCT during June.

Summarizing: For a company to have an obligation (and the worker the right) to pay the PTU, the following must be observed:

That the company has a taxable basis for PTU applying the provisions of article 16 of the Income Tax Law That has employees who provide subordinate personal work That temporary employees have worked more than 60 days That is not a decentralized public body and that is not in stages newly created or explored.

So now you know, this month (legal entities) and in June (physical persons) you must be paid your OCT and if you don't, you already know who to go with…

Sources: Constitutional Article 123, Article 120 of the Federal Labor Law and correlatives; Article 16 of the Income Tax Law (ISR) and correlatives

7.1 Federal Labor Law

Article 117.- The workers will participate in the profits of the companies, in accordance with the percentage determined by the National Commission for the Participation of the Workers in the Profits of the Companies.

Article 118.- To determine the percentage referred to in the previous article, the National Commission will carry out the investigations and carry out the necessary and appropriate studies to know the general conditions of the national economy and will take into consideration the need to promote the industrial development of the country, the right of capital to obtain a reasonable interest and the necessary reinvestment of capital.

the employer to the Ministry of Finance and Public Credit, will comply with the following rules:

I. The employer, within a term of ten days counted from the date of the presentation of his annual declaration, will give the workers a copy of it. The annexes that in accordance with tax provisions must be submitted to the Ministry of Finance and Public Credit will be available to workers for a period of thirty days at the company offices and at the Ministry itself.

Workers may not inform third parties of the data contained in the declaration and its annexes;

II. Within the following thirty days, the union that holds the collective contract or the majority of the company's workers, may make any observations it deems appropriate to the Ministry of Finance and Public Credit, which will be required to respond in writing, a once the inspection procedures are completed according to the terms established by the Federation Tax Code, with respect to each one of them;

III. The final resolution issued by the same Secretariat may not be appealed by the workers; and

IV. Within thirty days after the resolution issued by the Ministry of Finance and Public Credit, the employer will comply with it regardless of whether it challenges it. If as a result of the challenge the meaning of the resolution changes in your favor, the payments made may be deducted from the profits corresponding to the workers in the following year.

The foregoing, except that the employer had obtained from the Board of Conciliation and Arbitration, the suspension of the additional distribution of profits.

Article 122.- The distribution of profits among the workers must be carried out within sixty days following the date on which the annual tax must be paid, even when the workers' objection is pending.

When the Ministry of Finance and Public Credit increases the amount of the taxable profit, without having mediated an objection from the workers or having been resolved, the additional distribution will be made within sixty days following the date on which the resolution is notified. Only in the event that it is contested by the employer, will the payment of the additional distribution be suspended until the resolution is final, guaranteeing the interest of the workers.

The amount of the unclaimed profits in the year in which they are due, will be added to the distributable profit

Article 123.- The distributable profit will be divided into two equal parts: the first will be distributed equally among all workers, taking into account the number of days worked by each one in the year, regardless of the amount of wages. The second will be distributed in proportion to the amount of wages earned for work performed during the year.

Article 124.- For the purposes of this chapter, salary is understood as the amount that each worker receives in cash per daily quota. The bonuses, perceptions and other benefits referred to in article 84 are not considered as part of it, nor are the sums received by the worker for extraordinary work.

In the case of wages per unit of work and in general, when the remuneration is variable, the average of the perceptions obtained in the year will be taken as the daily wage

8. Training and education

Article 153-A. Employers have the obligation to provide all workers, and they to receive, the training or training on the job that allows them to raise their standard of living, their labor competence and their productivity, in accordance with the plans and programs formulated, of common agreement, by the employer and the union or the majority of its workers.

To comply with the obligation that, in accordance with the preceding paragraph, employers may agree with workers that training or education is provided to them within the company or outside it, through their own personnel, especially instructors.

For the individual granting of credits, it will proceed if necessary according to a system of raffles, in the terms established by the law referred to in article 139.

Article 150.- When companies provide their workers with a house on a loan or lease, they are not exempt from contributing to the National Housing Fund, under the terms of article 136. Nor will they be exempt from this contribution with respect to those workers who have been favored by fund credits.

Article 151.- When the rooms are leased to the workers, the rent may not exceed half a month per month of the cadastral value of the property and the following rules will be observed:

I. The companies are obliged to maintain them in habitability conditions and to make the necessary and convenient repairs in a timely manner:

II. Workers have the following obligations:

Pay the rents. Take care of the room as if it were its own. Inform the company of the defects or deteriorations that they observe.

III. Workers are prohibited from:

Use the room for purposes other than those indicated in this chapter. Sublet the rooms.

Article 152.- Workers will have the right to exercise before the Conciliation and Arbitration Boards the individual and collective actions that derive from the breach of the obligations imposed in this chapter.

9. From coalitions and unions

9.1.- Definition of Coalition.

A coalition can be defined as an alliance, union, league (see Political League), confederation, or agreement between various parties.

From the legal point of view we say that the coalition is the temporary agreement of a group of workers or employers for the defense of their common interests.

Collective Labor Relations

9.1.1.-Coalitions

Article 354.- The Law recognizes the freedom of coalition of workers and employers.

Article 355.- Coalition is the temporary agreement of a group of workers or employers for the defense of their common interests.

11.2.-Unions, federations and confederations

Article 356.- Union is the association of workers or employers, established for the study, improvement and defense of their respective interests.

Article 357.- Workers and employers have the right to form unions, without the need for prior authorization.

Any undue interference will be sanctioned in the terms provided by the Law.

Article 358.- No one can be compelled to be part of a union or not to be part of it.

Any stipulation that establishes a conventional fine in the event of separation from the union or that in any way detracts from the provision contained in the preceding paragraph, shall be deemed not to have been set.

Article 359.- Unions have the right to draft their statutes and regulations, freely choose their representatives, organize their administration and activities, and formulate their action program.

Article 360.- Workers unions can be:

Trade unions, those formed by workers of the same profession, trade or specialty; Company, those formed by workers who provide their services in the same company; Industrial, those formed by workers who provide their services in two or more companies in the same branch. industrial; Nationals of industry, those formed by workers who provide their services in one or more companies of the same industrial branch, installed in two or more Federal Entities; and Of various trades, those formed by workers of various professions. These unions may only be formed when the number of workers in the same profession is less than twenty in the municipality in question.

10. Of the collective labor contract

Workers and one or more employers, or one or more employers' unions, in order to establish the conditions under which work must be provided in one or more companies or establishments.

Article 387.- The employer who employs workers who are members of a union shall be obliged to enter into a collective contract with it, upon request.

If the employer refuses to sign the contract, the workers may exercise the right to strike established in article 450.

Article 388.- If there are several unions within the same company, the following rules will be observed:

If company or industrial unions concur or both, the collective agreement will be concluded with the one with the largest number of workers within the company; If union unions are present, the collective agreement will be concluded with all the majority unions that represent the professions, provided they agree. Otherwise, each union will conclude a collective contract for their profession; yIf union and company or industry unions attend, the former may enter into a collective contract for their profession, provided that the number of their members is greater than that of the workers of the same profession who are part of the company or industry union..

Article 389.- The loss of the majority referred to in the previous article, declared by the Board of Conciliation and Arbitration, produces the loss of ownership of the collective employment contract.

Article 390.- The collective labor contract must be signed in writing, under penalty of nullity. It will be done in triplicate, giving a copy to each of the parties and the other will be deposited both in the Conciliation and Arbitration Board or in the Federal or Local Conciliation Board, which after writing down the date and time of presentation of the document he will send it to the Federal or Local Board of Conciliation and arbitration.

Article 391.- The collective contract will contain:

The names and addresses of the contracting parties; The companies and establishments that it covers; Its duration or the expression of being for an indefinite time or for a determined work; The working days; The days of rest and vacations; The amount of wages; The clauses relating to the training or training of workers in the company or establishments it comprises; Provisions on the initial training or training to be given to those who are going to enter the company or establishment to work; The bases on the integration and operation of the Commissions that must be integrated in accordance with this Law; and, The other stipulations agreed upon by the parties.

11. Internal work regulations

Internal rules of work

Article 422.- Internal work regulations is the set of mandatory provisions for workers and employers in the development of work in a company or establishment.

The regulations of a technical and administrative nature that the companies directly formulate for the execution of the works are not a matter of the regulation.

Article 423.- The regulation will contain:

Hours of entry and exit of workers, time allocated for meals and periods of rest during the day; Place and time when the work days must begin and end; Days and hours set for cleaning establishments, machinery, work apparatus and supplies; Days and places of payment; Rules for the use of seats or chairs referred to in article 132, section V; Rules to prevent work risks and instructions to provide first aid; Unhealthy work and dangerous that minors should not play and the protection that pregnant workers must have; Time and manner in which workers must submit to medical, prior or periodic examinations, and to prophylactic measures issued by the authorities; Permits and licenses;Disciplinary provisions and procedures for their application. Suspension from work, as a disciplinary measure, may not exceed eight days. The worker shall have the right to be heard before the sanction is applied; and The other necessary and convenient rules according to the nature of each company or establishment, to achieve greater security and regularity in the development of work.

Article 424.- In the formation of the regulation the following rules will be observed:

It will be formulated by a mixed commission of representatives of the workers and the employer; If the parties agree, any of them, within the eight days following their signature, will deposit it before the Board of Conciliation and Arbitration; They will not produce any legal effect the provisions contrary to this Law, its regulations, and collective contracts and contracts-LAW.

12. Modification, suspension and termination of collective labor regulations

12.1.-Collective modification of working conditions

Article 426.- The workers' unions or employers may request from the Conciliation and Arbitration Boards the modification of the working conditions contained in the collective contracts or in the law contracts:

When there are economic circumstances that justify it; yWhen the increase in the cost of living causes an imbalance between capital and labor.

The request will comply with the provisions of articles 398 and 419, section I, and will be processed in accordance with the provisions for collective conflicts of an economic nature.

12.2 Collective suspension of employment relationships

Article 427.- The causes of temporary suspension of work relationships in a company or establishment are:

The force majeure or the fortuitous case not attributable to the employer, or his physical or mental incapacity or his death, that produces, as a necessary, immediate and direct consequence, the suspension of work; The lack of raw material, not attributable to the employer; excess production in relation to its economic conditions and market circumstances; the unaffordability, of a temporary, notorious and manifest nature of the exploitation; the lack of funds and the impossibility of obtaining them for the normal continuation of the work, if fully verified by the employer;

12.3.-Collective termination of employment relationships

Article 433.- The termination of employment relationships as a consequence of the closure of companies or establishments or the definitive reduction of their jobs, shall be subject to the provisions of the following articles.

Article 434.- The causes of termination of employment relationships are:

The force majeure or the fortuitous case not attributable to the employer, or his physical or mental incapacity or his death, which produces, as a necessary, immediate and direct consequence, the termination of the work; the subject matter of an extractive industry, the cases of article 38; yThe bankruptcy or bankruptcy legally declared, if the competent authority or creditors resolve the definitive closure of the company or the definitive reduction of its work.

13. The right to strike

Strikes

A labor strike is a labor strike, a collective action, undertaken by a group of workers that consists in refusing to perform all or part of the work that is entrusted to them. It is normally used as a means of exerting pressure in negotiations with the employer, to obtain an improvement in working conditions.

Article 440.- Strike is the temporary suspension of work carried out by a coalition of workers.

Article 441.- For the purposes of this Title, the workers unions are permanent coalitions.

Article 442.- The strike may cover a company or one or more of its establishments.

Article 443.- The strike must be limited to the mere act of suspension of work.

Article 444.- Legally existing strike is the one that satisfies the requirements and pursues the objectives indicated in article 450.

Article 445.- The strike is unlawful:

When most strikers carry out violent acts against people or property; yIn case of war, when the workers belong to establishments or services that depend on the Government.

Article 446.- Justified strike is one whose motives are attributable to the employer.

Article 447.- The strike is a legal cause of suspension of the effects of labor relations for the entire duration.

Article 448.- The exercise of the right to strike suspends the processing of collective conflicts of an economic nature pending before the Conciliation and Arbitration Board, and that of the requests that are presented, unless the workers submit the conflict to the decision of the Meeting.

The provisions of the preceding paragraph are not applicable when the strike has as its object that indicated in article 450, section VI.

14.- Work risks

The employer must consider the threats or risks to which his staff is exposed. Work accidents and diseases have a way of being considered from the point of view of labor law. Knowing that there are work risks, the employer may be informed about the applicable general regulations, definitions, scope and corresponding benefits in this matter.

14.1.-Work Risks

Article 472.- The provisions of this Title apply to all employment relationships, including special jobs, with the limitation set forth in Article 352.

strike shall aim to:

Achieve the balance between the various factors of production, harmonizing labor rights with those of capital; Obtain from the employer or employers the conclusion of the collective labor contract and demand its revision at the end of the period of its validity, in accordance with the provisions in Chapter III of the Seventh Title; Obtain from the employers the conclusion of the contract-law and demand its revision at the end of the period of its validity, in accordance with the provisions of Chapter IV of the Seventh Title; Require compliance with the collective contract of work or the contract-law in the companies or establishments in which it had been violated; Demand compliance with the legal provisions on profit sharing; Support a strike for any of those listed in the preceding sections;and Demand the revision of contractual wages referred to in articles 399 bis and 419 bis.

Article 473.- Work risks are accidents and illnesses to which workers in exercise or due to work are exposed.

Article 474.- Work accident is any organic injury or functional disturbance, immediate or subsequent, or death, produced suddenly in exercise, or due to work, whatever the place and time in which it is provided.

Accidents that occur when the worker moves directly from his home to his place of work and from this to that one are included in the previous definition.

Article 475.- Work-related illness is any pathological state derived from the continued action of a cause that has its origin or reason at work or in the environment in which the worker is forced to provide his services.

Article 475 Bis.- The employer is responsible for the safety and hygiene and the prevention of risks at work, in accordance with the provisions of this Law, its regulations and the applicable official Mexican standards.

It is the obligation of the workers to observe the preventive safety and hygiene measures established by the regulations and official Mexican standards issued by the competent authorities, as well as those indicated by the patterns for the prevention of work risks.

Article 476.- In all cases, occupational diseases shall be considered as determined by this Law and, where appropriate, the update made by the Ministry of Labor and Social Security.

Article 477.- When risks are carried out, they can produce:

Temporary disability; Partial permanent disability; Total permanent disability; yDeath.

Article 478.- Temporary disability is the loss of faculties or aptitudes that makes a person partially or totally impossible to carry out their work for some time.

15. Conclusion

Labor Law as a Social Guarantee.

Art. 123: tells us about Labor Law.

It is divided into two sections A and B.

A à private initiative.

B à been.

Constitution.

It is divided into two parts:

Dogmatic: the first 29 articles are made up of individual guarantees.

Organic: the remaining articles are established in the country's statutes.

Everyone has the right to an adequate standard of living that ensures him, as well as his family, health and well-being, especially food, clothing, housing, medical care and necessary social services; You are also entitled to insurance in the event of unemployment, illness, disability, widowhood, old age or other cases of loss of your means of subsistence due to circumstances independent of your will.