GUIDELINES for the application of the enforcement measure included in article 530 Bis of the Federal Labor Law.

ENFORCEMENT MEASURE FOR THE

NON-APPEARANCE WHEN YOU HAVE A NOTIFICATION FOR A CONCILIATION MEETING AT THE STPS

This document is free when you purchase the Labor Law

Major reforms to the Federal Labor Law took effect on December 1, 2012. One of the new articles was article 530 Bis which was added to the Law to address the non-appearance of the employer or union when they have been notified that a complaint has been filed. (citatorio)

Today the “GUIDELINES for the application of the enforcement measure included in article 530 Bis of the Federal Labor Law” were published in the DOF for the interpretation and enforcement of the article.
"Article 530 Bis. For carrying out their duties, the Office of the Prosecutor for Labor Defense can notify the employers or unions to compromise or conciliation meetings, warning them that for not appearing at said hearings, they will have imposed on them the enforcement measure referred to in section I of article 731 of this Law.
If the party requesting the service is the party who does not attend the compromise or conciliation meeting, the request will be understood as withdrawn without responsibility for the Office of the Prosecutor, except when it is verified that a justified cause existed for not appearing".

Before the reform, if you had a labor complaint (demanda) filed against you as an employer, you could miss the first hearing and they would deliver another notification (citatorio) with no fine imposed. This new article has not been enforced until now. According to the guidelines published today, if you don’t show up to the first hearing, you will be fined up to 100 times the UMA ($80.40 pesos) or $8040.00 pesos.

If the party requesting conciliation does not appear, their complaint will be considered withdrawn unless they deliver evidence of a justified reason within ten days.

Many of us who are attorneys or employers have not been appearing on the first appearance that is scheduled. Often a client will call and mention they have been notified to appear the following day. When it was inconvenient, we just waited for the second notification to attend.

The STPS says you will be fined and the fines will increase if this becomes a repeat offense. If you are the attorney for the worker, your case will be considered withdrawn if you don’t show up.

Lic. Glenn Louis McBride
Mexican Attorney

Office tel. (011-52) 664-681-9524
www.mexicanlaws.com