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1. Does the Labor Law differ from State to State in Mexico?
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| No, the
Federal Labor Law, based on Article 123 of the Mexican Constitution,
gives the Federal Government jurisdiction over labor law. The
Secretary of Labor and Social Welfare (STPS- Secretar? de Trabajo y
Previsi? Social) is the Federal Ministry that has jurisdiction over
Labor law enforcement. Health and Safety is under the jurisdiction
of the STPS. State Labor delegations are considered auxiliaries of
the Federal STPS. |
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2. In the case of there being doubt as to the merits of a worker's
complaint against an employee, how is that handled ? |
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It
is stipulated in the law that when the there is doubt as to the
merits of a complaint (demanda) against an employer, the resolution
will always be in favor of the employee. |
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3. Can an employee give up any of his
rights under the Labor Law
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Workers cannot give up any of their rights. Even if workers agree
verbally or in writing to give up their right to overtime, vacation
pay, holidays, or any other rights detailed in the Labor law, it is
not valid. |
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4. What percentage of employees in a company be Mexican nationals? |
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| 90% of
all the workers in an establishment in Mexico must be Mexicans;
Doctors employed in establishments must be Mexican nationals.
Directors, Administrators, and General Managers may be foreigners. |
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5. An employee is an individual that renders to another (company or
individual) a service and is subordinate to the Employer? |
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An
employee is an individual that renders to another (company or
individual) a service and is subordinate to the latter. |
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6.
What is the difference between permanent, seasonal, occasional and
temporary workers? |
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All employees are permanent workers (trabajadores de planta) at the
moment they start working, unless there is an express written
contract that details a different relationship other than permanent.
An employee that starts working for an employer that does not have a
contract indicating otherwise is a permanent employee and is
considered to have an indefinite, permanent contract. |
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7.
Which employees are considered to be in positions of trust (trabajadores
de confianza)? |
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| Those who work
in administration, security, accounting, and those who by the nature
of their position are considered to have a certain personal
responsibility to the employer. |
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8.
How does this classification of employees in positions of trust (trabajadores
de confianza) affect those workers? |
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Certain of the legal rights of these workers are limited by this
classification, for example:
They cannot belong to the same unions that other employees belong
to, in practice this means that these workers do not belong to
unions. Employees in this classification, when it comes to profit
sharing can only participate based on 20% of the highest paid
unionized worker. In the event of a resolution in favor of an
employee, the employer cannot be compelled to reinstate an employee
who is considered to be in a position of trust. These employees also
cannot vote in the event of a strike. |
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9.
Who is considered to be an employer? |
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An employer is a person or company that employs or sub contracts one
or more persons that are subordinate to their supervision.
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10. Which employees should be given a labor contract and when?
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| All employees
should be given a written contract before they begin working. If an
employee starts working without a written contract, he is considered
to be a permanent employee with an indefinite contract. |
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11.
What is the minimum age for employment in Mexico? |
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Persons between the ages of 14 and 16 can only be employed under
certain conditions (detailed in the Labor law); there are also
restrictions on the types of jobs and the length of shifts for
persons between 16 and 18. |
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12.
What should be included in the labor contract? |
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Name, nationality, age, sex, marital status, address of the employee
and the employer. What type of employment, for a determined time or
not, the tasks involved in the position, where the work is to be
performed, the time of the shift, the salary, the day and place of
payment, other conditions of the position. |