Labor Law and Procedures in Mexico

Posted on Nov 7, 2024 in Law & Jurisprudence

Labor Law and Procedures in Mexico

True/False Questions

  1. Conciliation meetings take place in the city of Merida. False
  2. Labor inspectors can impose fines. False
  3. Training provided by a national employment service depends on the Federal Board of Conciliation and Arbitration. False
  4. The Council of Representatives of Workers (CNSM) has fifteen representatives. False
  5. Work standards are requested. True
  6. The timber industry falls under state jurisdiction. False
  7. It is the labor attorney’s function to advise workers and employers. False
  8. The project award is prepared by the chairman. False
  9. Labor inspection is responsible for job skill registration records. False
  10. Minors under 16 but over 14 can stand trial for their own actions. Wrong

Multiple Choice Questions

  1. The National Employment Service training and instruction will be in charge of: b) STPS
  2. The STPS Advisory Council will be represented by the government, workers, and employers in an equal number of: b) 5 members
  3. The suspension of labor inspectors can be for a period of: b) 3 months
  4. The CNSM representative council shall be constituted no later than: c) July 1
  5. The President of the local board of conciliation and arbitration will last in office: b) 6 years
  6. The CNSM technical director will be appointed by: b) STPS
  7. The workers’ and employers’ representatives on the board of CNSM will be appointed for a period of: b) 4 years
  8. Pointing out authority deficiencies and violations of applicable labor standards is the responsibility of: b) Work Inspection
  9. The chairman of the board of conciliation and arbitration is appointed by: a) The President of the Republic
  10. The National Employment Service training and instruction will be provided by: c) STPS

Additional Questions and Answers

  1. Advising and representing workers and unions upon request is a function of: the defense attorney
  2. An attorney serving as legal representative of a legal entity establishes their personality with: power of attorney
  3. Advising workers and employers about the most effective way to comply is the responsibility of: labor inspectorate
  4. A special cause for dismissal of actuaries is: raising false facts
  5. In jurisdictional disputes between local and federal boards, the decision rests with the: circuit court
  6. The question of jurisdiction shall be raised by demurrer in the period of: demand and exceptions
  7. Unions prove their legal status with: certification issued by the Conciliation and Arbitration Board
  8. The authorities responsible for answering reports are under the: Chairman

Further Points

  1. Channel 13 local TV is under the jurisdiction of: (Federal Board of Conciliation and Arbitration)
  2. The authority who performed the work procedure: (Assistant to the Board of Conciliation and Arbitration)
  3. Authorizes and records the role of private training agencies: (National Employment Service)
  4. The authority responsible for keeping track of the files in their office: (Secretary of the Board of Conciliation and Arbitration)
  5. The designated authority with the function of checking the work of women and children: (Labor Inspection)
  6. The Fine Arts Institute in the state of Yucatan falls under the jurisdiction of: (State Labor Court)
  7. Issues related to the Fiesta Americana hotel fall under the jurisdiction of: (Local Board of Conciliation and Arbitration)

Functions of the Labor Defense Attorney

  1. Represent or advise workers and their unions, if requested, before any authority in matters related to the implementation of labor standards.
  2. Invoke ordinary and extraordinary measures for the defense of the worker or union.
  3. Propose friendly solutions for the settlement of disputes between interested parties and record the results in approved minutes.

Composition of Conciliation and Arbitration Boards

The legal staff of the JCA includes:

  • President
  • Worker Representative
  • Employer Representative
  • Secretary
  • Clerk

Parties in the Labor Process

Parties to the labor process are individuals or companies who can prove their legal interest in the process and exercise actions or oppose exceptions.

Procedural Principles of Labor Law

  • Open: Any person may be present in a labor case even without being a party.
  • Free: No payment for rights. No tax.
  • Immediate: The dispute could end at any time.
  • Predominantly oral.
  • Party-initiated: May not be officially initiated.

Rules for the Actuary’s First Notification

  1. The actuary must be satisfied that the person to be served lives, works, or is domiciled at the house or premises designated in the file for notification.
  2. If the applicant or their representative is present, the clerk will notify them of the decision and deliver a copy. If it is a legal entity, the clerk will ensure the person understands the measure and is the legal representative.
  3. If the applicant or their representative is not present, they will be summoned to appear the next day at a specified time.
  4. If the summoned person is not the applicant or their representative, the notice shall be given to anyone present at the house or premises. If closed, a copy of the resolution will be posted on the door.
  5. If the person, their representative, or the person requesting the inquiry refuses to receive the notification, it will be posted in front of them with a copy of the resolution.
  6. In the case of Article 712 of the Act, the actuary must be satisfied that the designated place is where services are provided or paid.

Award Requirements

An award must include: date, name and address of parties and agents, demand extract, response extract, calls for parties, extract of tests, test assessment, doctrine, jurisprudence, allegations, paragraphs, and rationale.

Rules for Precautionary Measures

The applicant should determine the defendant’s amount and request the judge to administer tests. The judge, considering the case and evidence, has 24 hours to decide whether to grant the measure, indicate the amount, depository, and order the amount seized.

Standards for Auctioned Real Estate

Article 968(b) – If the goods are seized property:
  1. The assessment is conducted by a legally authorized appraiser appointed by the chairman.
  2. The exhibit must include a liens certificate issued by the Public Registry of Property covering the ten years prior to the auction date. If work orders and other certificates are required for registration, they will only be needed for the periods not covered by the liens certificate.
  3. The order must stipulate that the auction will be set by the joint boards and published once in the treasury of each state and the major newspaper of the location of the goods, calling for bidders.

Requirements for Building Garnishment

Article 962: If the property can be garnished, it should be ordered within 24 hours of registration at the Public Registry of Property.

Special Processing

Special processing applies to inhumane treatment, old premium payment, transfer of workers from the ship, agreed place for individual or collective actions, training and compensation in cases of death or work-related risks, collective termination of employment for reasons beyond the employer’s control, closing, and implementation of internal work rules.