According to Alfonzo R. (2001), labor law "is the set of precepts of public order regulating the legal relations that are due to work for account and under the dependence of others in order to guarantee whoever executes it its full development as a human person and the community, the effective integration of the individual in the social body and the regulation of conflicts between the subjects of these relationships ”.
Currently in Mexico a sad reality is lived since in many companies the worker's laws are evaded, the worker for not knowing his rights or for being afraid to ask thinking that he can be fired avoids asking questions regarding his rights. In Mexico, the employer does what he wants as long as the worker does not realize or demands his rights as they are, some examples of this are: the employer does not register his workers before the insurance, that he does not give his bonus according to the law, that inscribe your worker to the insurance but with the minimum wage being not the true one since for the company that saves you but it hurts the worker since if they register it they will do so under the classification "A" which is that only They will give him medicine and he will not quote for infonavit,the other classification is “B” which includes consultations and surgeries and one can quote on infonavit.
In Mexico there are few companies that care about the worker and more about the laws in which they must be followed because if not, the fines can be excessive. The importance of labor law in Mexico is of utmost importance because the worker must be respected and supported under the laws that govern it.
What does labor law contain in Mexico?
Contracts: It is a document that establishes the rights and obligations of a worker and an employer.
There are three types of contracts:
- Individual work contract (Art. 20 LFT) Collective contract (Art. 386 LFT) Law contract (Art. 404 LFT)
Fair salary: It is the remuneration that the company or employer must pay to the worker for his work. (Art. 82 LFT). The law allows the employer to make deductions from workers' wages in exchange for some type of benefit, as long as it is a benefit greater than the discounted amount.
Working day: it is the time in which the worker must work depending on the type of working day he is working.
There are three types of workshops:
Daytime: 8 business hours, between 6:00 a.m. And 8:00 p.m.
Night shift: 7 business hours, between 8:00 p.m. and 6:00 a.m.
Mixed day: 7.5 working hours, between day and night.
There are also extraordinary days, in which they must have the consent of the worker, which can be as follows:
- Maximum 3 hours a day and must be paid twice. The limit is 3 times a week. If the worker works longer, he must be paid triple
Christmas bonus: it is the monetary remuneration in which the employer gives the worker each year.
By law, the worker must receive a minimum of 15 days of salary, before December 20. (ART. 87 LFT).
If the worker did not work the full year, the proportional part corresponds, even if he no longer works there.
How to know how much it is your Christmas bonus?
| Step 1 | Step 2 | Step 3 |
| You divide your monthly salary without benefits between 30 days and multiply the result by the bonus days that
the company or employer grants you (minimum is 15 days). |
If you did not work all year, the proportional part is calculated as follows: The result of step 1 is divided between 365 days of the year. | The number you get is multiplied by the days you worked during the year. The result is your proportional part of the
Christmas bonus |
Holidays (Holiday Premium)
The worker is entitled to vacations after having worked for a year, and they have a minimum of 6 days. (Art. 76 LFT)
Subsequently, each year it is worked, two days of vacation must be increased, until obtaining 12 days. Thereafter, 2 vacation days will be increased after every 5 years worked.
In addition, the worker must receive, on vacation days, his daily salary plus an extra 25%.
Days off
By law, a week is entitled to 1 day of rest for every 6 days of work, apart from the mandatory days of rest (holidays).
If you work on a compulsory day of rest, you must pay double regardless of your salary, that is, if the worker earns $ 100 pesos a day, you will be paid the $ 100 pesos but will receive an additional $ 200 pesos, giving a total of $ 300 pesos. (Art. 75 LFT)
The worker has no obligation to work the mandatory rest days, unless the employer and worker agree and must be paid as mentioned above.
If you work on Sundays, the company or employer must pay that day, with an additional 25% minimum (Sunday premium).
(Art. 69 LFT), (Art. 71 LFT) and (Art. 73 LFT).
Settlements: The settlement is the document with which both the worker and the employer voluntarily terminate the employment relationship and confirm that there are no pending payments or work.
The worker will receive by settlement the sum of:
- The days worked in the month.Proportional part of Christmas bonusThe vacations not enjoyed corresponding to the time workedPrime VacationPrime of Antiquity and other benefits according to your contract that have not covered you.
The signing of the settlement is not mandatory for either party. If the worker does not agree, they do not have to sign.
(Art. 47 LFT), (Art. 48 LFT), (Art. 76 LFT), (Art. 79 LFT), (Art. 80 LFT), (Art. 87 LFT) and (Art. 162 LFT).
Profit sharing
The distribution of profits is an additional payment to the salary that the work centers make when they have had earnings in the year. It is paid during the months of May and June, on what the company obtained the previous year.
Profit sharing is a recognition of workers for their contribution to the production of profits from their workplace.
Profits vary depending on seniority, each worker's salary, and the number of days worked in the year. (Art. 117 LFT) to (Art. 131 LFT).
Development and Training
It is the obligation of the company or employer to provide the teaching of technical knowledge, as well as the skill or dexterity required so that the employee can perform his job in a better way. (Art. 132 LFT).
Maternity labor rights
Pregnant or lactating women should not work in unhealthy or dangerous tasks (that is, those that due to the chemical materials and composition of the raw material used or due to physical conditions are capable of affecting the physical and mental health of the woman or the infant or the product in gestation), and also not after 10 pm. In addition, their wages, benefits and rights must be maintained during this period.
Rights of working mothers
- Pregnant women will not perform jobs that require heavy lifting, pulling, or pushing, which will cause trepidation or standing for a long period of time; they will have a break of six weeks before and six weeks after childbirth, in which they will receive their full salary Rest will be extended in cases where they cannot work due to pregnancy or childbirth. During this time, they will be entitled to 50% of their salary for a period not exceeding 60 days. They have the right to return to the position they held as long as no more than one year has elapsed from the date of delivery.
Currently, with the new reform, all male workers who become fathers, whether due to the birth of a child or the adoption of a minor, must have a five-day paternity leave with salary (art. 132, fraction XXVII Bis, LFT).
Many of these articles of the federal labor law are not known to the worker, because there may be several factors such as: the fear of asking, they do not inquire enough so that they can help themselves when they violate their right as a worker.
conclusion
In Mexico, we see how companies do not care about their employees, as long as the worker does not know and does not inquire about the LFT, the company will always seek the best for it, leaving aside its worker and even the LFT. In Mexico today we will always evade the laws since, as a Mexican, they fear that they will retaliate for demanding their rights, and that makes the Mexican know that he is silent and complies with what the company offers him, that is the reality of labor law. in Mexico.
