Introduction
In the historical antecedent, we mention the origin of the federal labor law governed by article 123 of the constitution and, based on studies of the improvement of labor quality, we will analyze the main articles of the federal labor law to improve the minimum requirement that must be met. comply and obtain a better work performance having favorable results for the stakeholders of both the employer and the worker.
The economic crisis that we currently have in Mexico forces us to have to minimize the operating and production costs of companies, this leads to many factors that are not very favorable for employees.
But if the current situation is the same for all companies, why are there new companies and others continue to grow? In addition, why instead of creating a less encouraging outlook for workers, we better use an outlook with favorable results?
In this work we will relate the elementary articles of the federal labor law with the studies that improve the work environment of the companies and therefore obtain better benefits for the employer and employee.
Historical background
The federal labor law that we know today has its origin “… as a result of the armed revolutionary movement of 1910, Francisco I. Madero decreed on December 18, 1911 the creation of the Department of Labor, within the then Secretariat of Development, Colonization and Industry, to solve labor disputes under a fundamentally conciliatory scheme…. ” (Secretary of Labor and Social Welfare, 2013) All this as a result of the subhuman conditions in which all kinds of people were subjected regardless of age, sex and / or physical abilities.
In 1915, during the mandate of Venustiano Carranza, the Department of Labor was incorporated into the Ministry of the Interior, and at the same time a bill on the employment contract was prepared. Two years later the Political Constitution of the United Mexican States was promulgated, which in its article 123 decreed the following rights of workers:
- The setting of the maximum working day of eight hours Compensation for unjustified dismissal The right to association and strike The establishment of rules on Social Security and Social Security. (Secretary of Labor and Social Welfare, 2013)
The first Federal Labor Law was decreed on August 18, 1931; Consequently, President Pascual Ortiz Rubio granted full autonomy to the Department of Labor, a fact that gave it a series of well-defined attributions, among which the following stand out:
- Monitor compliance with the Federal Labor Law Seek solutions to labor disputes through conciliation Develop a policy of social security and inspection Create mixed commissions and other preventive and conciliatory bodies. (secretary of labor and social security, 2013)
These are the legal antecedents of the labor conditions that give rise to those that every company formally established in Mexico should have.
Development
The current situation of companies in Mexico is in an unfavorable trend compared to developed countries called these first world.
The large monopolies that operate in Mexico prevent micro and small companies from competing alongside these and many times they end up defeating and closing those companies and the few that manage to survive end up working or being clients of those large companies that the only thing they do is control them completely.
The economic packages that are directed towards these companies are often not acquired due to ignorance of them or the lack of dissemination of these. However, the economic support that was offered to them is from credit institutions or banks, which have a fairly high interest rate and unfortunately the academic and professional preparation of the people who operate these companies does not allow them to manage financial resources., human resources and material resources in the most appropriate way resulting in the closure of the companies. But this situation is not experienced by all companies.
There are companies established in Mexico which violate the labor rights of workers abusing the economic need that each individual has to be able to survive, therefore the work environment in which these companies operate is quite unfavorable for the employer and worker parties that comprise a company.
The main labor rights and their improvement to have a better production and work environment would be the following:
Wages
It is the remuneration that the company or employer must pay to the worker for their work. (Art. 82 LFT) (secretary of labor and social security, 2013)
The minimum wage is the lowest remuneration that the worker can receive for his services rendered in a working day. (Art. 90 LFT) (secretary of labor and social security, 2013)
The law allows the employer to make deductions from the workers' wages in exchange for some type of benefit, as long as it is a benefit greater than the discounted amount. (Secretary of Labor and Social Welfare, 2013)
At present, it has been noted that companies that have static remuneration schemes are the ones that present the highest turnover among their staff, because by always earning the same, the attitude is reinforced that no matter the effort put into work, it will always be earned the same. Currently many companies are opting for dynamic compensation schemes where effort is rewarded in some way. It could be believed that this can only be applied to sales departments, however it can be applied to any department or company, since each one must have its goals and objectives and based on this, a scheme can be created that encourages the desire of employees for trying harder. (ideas for SMEs, 2013)
Working day
There are three types of workshops:
- Daytime: 8 business hours, between 6:00 a.m. and 8:00 p.m. Night shift: 7 working hours, between 8:00 p.m. and 6:00 a.m. Mixed shift: 7.5 working hours, between daytime and nighttime hours. (Secretary of Labor and Social Security, 2013)
There are also the extraordinary days, which must have the consent of the worker, which can be as follows:
- Maximum 3 hours a day and must be paid double. The limit is 3 times a week. If you work longer, you must pay triple. (Secretary of Labor and Social Security, 2013)
Incentive employees generate 60% more performance than those without incentives in their job. In other words, a person who works eight hours a day in an adverse work environment is more likely to lose performance. The key to keeping employees compliant lies in allowing them a balance between work and daily life, as well as good internal organization, and being able to have some flexibility to, for example, carry out personal tasks. It has been proven that a salaried employee who has a nursery in the company or can "accommodate" his working hours to pick up his children from school will focus more and better on his tasks. (eroski consumer, 2013)
Bonus
By law, the worker must receive a minimum of 15 days of salary, before December 20. (Art. 87 LFT) (secretary of labor and social security, 2013)
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 that is worked, two days of vacation must be increased, up to 12 days.
From then on, 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%. (Secretary of Labor and Social Security, 2013)
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 mandatory rest day, you must pay double regardless of your salary, that is, if the worker earns $ 100 pesos a day, he will be paid $ 100 pesos but will receive an additional $ 200 pesos, giving a total of $ 300 pesos (Art, 75 LFT) (secretary of labor and social security, 2013)
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, 71, 73 LFT). (Secretary of Labor and Social Security, 2013)
For the retention of talent, the benefits have to be incremental in the time of permanence in the company, for example, the bonus or vacations must increase every year or every two years, which will give a minimum increase in the average permanence of employees. (aeribac, 2013)
Fixed benefits over time are easier to administer but do not generate any increase in the permanence of employees.
Now, if the benefits or the guaranteed salary are very high, it can be generated that the employee does not want to leave the company because they cannot find the same level of income and benefits in another company, which will generate their permanence as I mentioned, but without no motivation in the employee. (aeribac, 2013)
We studied this effect in Telefonos de México for several years in an empirical study and with a population of 48,000 employees and workers, where and due to the fact that Telefonos de México paid the highest salaries in the country and had cash benefits equivalent to two Additional pesos for each peso of salary earned (200%), as well as the retirement payments after 25 years of service were equivalent to 130% of the last salary earned and that was increased year after year by the same percentage that was granted in the reviews annual collective contract.
These payment levels did not generate any additional motivation in relation to other companies, generating what we called the Golden Cage syndrome, which did not motivate the employee, but did not allow migration to find better levels of satisfaction and achievement, generating possible work frustrations. staying with the company. (aeribac, 2013)
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, 48, 76, 79, 80, 87, 162 LFT) (secretary of labor and social welfare, 2013)
Beyond the duo "salary" and "day" there are many important factors related to the organization and the position to consider. The type of contract (permanent or temporary), for example, plays a fundamental role for most workers since a stable position transmits security, increases the possibility of making savings plans, improves access to credit or pension plans…
The challenge in this matter is found in the changes in the labor market as we need to improve job security (the ease of remaining employed) by supporting changes in the flexibility of companies. If we only facilitate dismissal but without establishing the necessary mechanisms to minimize periods of unemployment, we will be significantly worsening the overall job quality. (SMEs and the self-employed, 2013)
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, 131 LFT) (secretary of labor and social security, 2013)
Employee incentive programs are designed to increase labor output to help the company reach its goals more quickly. An employee profit sharing plan is an example of such an incentive program. Profit sharing, in particular, has several advantages over other employee incentive programs, such as a direct relationship of the employee's work to the company's bottom line. For the plan to be successful, all employees have to contribute. (e how in Spanish, 2013)
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). (Secretary of Labor and Social Security, 2013)
Granting of scholarships
The company or employer must provide financial support for the preparation of the worker or their children. (Art. 132 LFT). (secretary of labor and social security, 2013)
Internal and external training have a very important role and valued by workers because if they join a good promotion opportunity it can be translated into a “motivational” improvement. (SMEs and the self-employed, 2013)
General table of antiques and ranks
In a workplace, the person with the longest seniority has preference in job promotions. (Art. 158, 159 LFT). (secretary of labor and social security, 2013)
Future expectations are essential to motivate employees. When the worker is aware that they have the potential to improve and advance in their job, their efforts and motivation are greater, since they know that these may have some kind of professional repercussion that improves their position in the company. (salmon blog, 2013)
Appropriate workplace
The worker must have a healthy work environment, where there is no danger of acquiring a disease or suffering an accident. The worker also has the right for the employer or company to provide her with the appropriate equipment to carry out her work. (Art. 423 LFT). (Secretary of Labor and Social Welfare, 2013)
- The adequacy of the worker to his job. From the moment of hiring, we have to see if that person, in addition to being prepared for the position for which we hired him, also likes him and is going to feel comfortable with him. A worker who is not qualified for the position he is going to occupy, will be demotivated, either by boredom if his abilities are greater, or by stress if they are lower. (work meter good work, 2013) Improvement of working conditions. It is not motivating not to have the right tools to work. For example, an accountant may have to use paper, pencil, and calculator for accounting rather than appropriate software, or a draftsman may have to draw plans by hand with India ink, and compete with advanced software used by competitors.In addition to the direct tools, we can talk about the indirect ones, such as having a coffee maker and a small office with a microwave in case someone wants to eat, or a rest area when people work on highly concentrated tasks, etc. A well-equipped office and good work tools make everything much easier. (work meter good job, 2013)
Conclusions
Crises serve to analyze what is being done well or badly and help us innovate in order to move forward, as long as optimistic determinations are made that motivate us to move forward.
There is a formula that I have personally created which can be used in any company, which is the following:
Everything that is offered to the worker is inversely proportional to the employer.
Bibliography
- salmon blog. (13 of 09 of 2013). Obtained from http://www.elblogsalmon.com/management/cinco-herramdamientos-esenciales-para-motivar-a-los-trabajadorese how in Spanish. (13 of 09 of 2013). Obtained from http://www.ehowenespanol.com/ventajas-participacion-utilidades-info_362290/eroski consumer. (13 of 09 of 2013). Obtained from http://www.consumer.es/web/es/economia_domestica/trabajo/2007/08/01/165571.phpideas for SMEs. (13 of 09 of 2013). Obtained from: http://www.ideasparapymes.com/Pymes and autonomous. (13 of 09 of 2013). Obtained from http://www.pymesyautonomos.com/management/las-8-dimensiones-de-la-calidad-laboralSecretaria del Trabajo y Previsión Social. (13 of 09 of 2013). Obtained from the secretary of labor and social security: http://www.stps.gob.mx/quienes_somos/historia_stps.htmwork to put good work. (13 of 09 of 2013). Obtained from http: //es.workmeter.com / labor
