Labor Rights and Obligations: Employer and Worker Responsibilities
Labor Rights and Obligations
Employer’s Obligations
- Bound by work rules: Adhere to the provisions of the work regulations.
- Pay wages: Provide workers with their due wages and compensation.
- Establish schools: Set up and maintain schools for workers’ benefit.
- Collaborate with authorities: Work with labor and education authorities.
- Provide training: Offer training and development opportunities to workers.
Employer’s Prohibitions
- Discrimination: Refuse to hire workers based on age or sex.
- Political/religious propaganda: Engage in political or religious propaganda within the company.
- Weapons: Carry weapons within the company premises.
Worker’s Duties
- Compliance: Adhere to applicable labor standards.
- Follow directions: Perform work under the employer’s direction.
- Maintain good habits: Uphold good work habits.
- Integrate law bodies: Participate in legal bodies.
Worker’s Prohibitions
- Absenteeism: Fail to work without cause or permission.
- Intoxication: Report to work while intoxicated.
- Unauthorized work stoppage: Suspend work without employer authorization.
- Collective work stoppage: Engage in collective work stoppages or slowdowns.
Right of First Refusal, Seniority, and Promotion
Employers must prioritize Mexican workers, regardless of their beliefs, who have longer satisfactory service, no other source of income, and family responsibilities. Unionized workers are also considered.
A unionized worker is one who is part of a labor union.
Preference Law, Seniority, and Promotion
Plant workers have rights within the company, determined by seniority. Plant workers are entitled to a premium and seniority benefits.
Trust Workers
- Working conditions are based on the nature and importance of services, and cannot be less than those for similar roles.
- Trust workers cannot be part of other workers’ unions.
- Working conditions in collective agreements extend to trust employees.
- Employers may terminate employment for a reasonable loss of trust.
- If a trust worker is promoted to a plant position, they regain their previous status.
Workers on Vessels
This includes masters, deck officers, machine operators, dredging personnel, seamen, overloaders, accountants, radio operators, and all those working on board for shipping companies.
- Ship workers must be Mexican by birth, or have acquired Mexican nationality, and fully exercise their civil and political rights.
- Captains are in direct control of the ship and represent the employer.
- It is forbidden to employ workers under 15 years old, and under 18 for stokers.
- Agreements made on board by the captain with people introduced to him are not considered a working relationship.
- Working conditions must be in writing, with copies for each party, the port authority, and the Mexican consulate.
- For plain workers, wages may be paid in foreign currency equivalent at the official exchange rate on the payment date.