Anaya Valdepeña - Abogados

TEARS GO TO SEA... termination of employment relationships.

By: Mtro. Federico Anaya Ojeda - July 2007 -

Gustavo Adolfo Becquer says the Sighs are air and air are, that the tears are water and go to sea, and that when a love ends does not know where it goes.

When a worker is faced with a termination of employment may not know where to go either. A termination of the employment relationship can be equated to concepts such as divorce, widowhood, permanent illness, bankruptcy and even a hurricane.

This article aims to study briefly at each of the causes of termination of employment, benefits and compensation to which a worker is entitled and the obligations of employers when a relationship ends. Each of the issues deserve a separate study, hence the need for narrowly mention and concise and leave outstanding promise for another publication.

WAIVER

The first portion of Article 53 of the Federal Labor Law states that the cause of termination of the employment relationship by mutual consent of the parties. Employer and employee can agree to terminate the relationship and denounce a written agreement containing the payment of benefits and compensation if the worker. The law says that the agreement is valid also be in writing shall be ratified at the Board of Conciliation and Arbitration. In practice it is impractical, redundant, considering that Mexico City has a population of several million people and that the Labour Court would be saturated with pure voluntary terminations. A mere resignation and settlement receipt of the worker may be sufficient, as long as a labor process evidenced by a handwriting expert evidence in the worker signed with his own hand those documents. It is advisable that in addition to the firm, the worker stamp their fingerprint on the document stating the termination of the employment relationship. The simple settlement receipt can be full proof to prove termination if it is clear that the relationship ended by mutual consent. Criticism in the fraction that concerns us is in the drafting. The article should say "waiver" and "mutual consent" would fall into the ridiculous as that if you do not agree employer and employee, the latter will have to work for indefinitely.

WORKER'S DEATH

For natural reasons the worker's death is grounds for termination of employment. The benefits would be entitled, compensation and salaries, must be delivered to recipients. In the same way the beneficiaries shall be entitled to exercise the corresponding actions and continue the pending probate without the. People who are entitled to worker's beneficiaries are widows, domestic partners, children, the ancestors, the dependents and the Mexican Institute of Social Security, according to the rules laid down in Article 501 of the Federal Labor Law.

TERMINATION OR EXPIRATION OF TERM WORK

Where required by the nature, employer and employee may enter into a contract of a specific work. The term contract can only stipulate when required by the nature of the service is to be provided or when temporarily introduced to replace another worker. In mining mineral lacking affordable or abandoned mine restoration contracts can be held given time or work. Once the term or completion of the work the employment relationship is clinched with the sole obligation to pay the employee the amount of proportional parts of benefits accrued during the term of the contract.

PHYSICAL OR MENTAL DISABILITY

When Social Security determines that an employee is mentally or physically unfit for further service in a particular post, if possible and if you want the employee is entitled to be provided with other employment consistent with their skills, regardless of the benefits you are entitled under the law. If this is not possible as happens in most companies, if the disability risk comes from a professional not the worker is entitled to be paid one month's salary plus the amount twelve days per year of service, also seniority premiums known.

THE GOD OR ACTS OF GOD

In fortuitous event and force majeure factors involved nature (hurricanes, earthquakes, etc..), Or man (wars, fires, etc..), That result in the breach of obligations without liability. In labor law if they are responsible employers and workers shall be entitled to compensation of three months' salary and to pay seniority premiums.

THE PATTERN DISABILITY OR DEATH

The law as grounds for termination of employment physical or mental disability or death of the employer as grounds for termination of labor relations. It is clear that the law refers to this fraction to individuals who are likely to become disabled and die. On the subject of accident, force majeure, disability or death of the pattern of Conciliation and Arbitration Board shall order the parties to citation checking the facts and take such measures as it considers appropriate to clarify the truth and may require even the parties to exhibit documents they deem appropriate. Similarly workers should receive compensation for three months paid salary and twelve days per year of service rendered.

INABILITY TO PAY FOR EXPLOITATION

The procedure to enforce the notorious and manifest Inability to pay operating a source of work is the collective dispute of an economic nature, the approach aims at the modification or introduction of new conditions, or the suspension or termination of labor relations . These disputes of an economic nature are rarely exercised because the simple fact that employees are exercising their right to strike is suspended processing of this conflict. They can be raised by the unions, for the majority of workers or by the employer. The Conciliation and Arbitration Board after hearing the parties, evaluate the evidence and three experts appointed by the Board itself will make a decision on where change, implant, suspend or terminate working conditions and relations. They will also receive the payment of three months salary and seniority premiums.

DEPLETION OF MATTER OF EXTRACTION INDUSTRY

In the same way that fortuitous event, force majeure, the death of the employer or his physical or mental disability in the case of exhaustion of the subject matter of an extractive industry must obtain the authorization of the Board of Conciliation and Arbitration to terminate employment relations and the Board shall ascertain by all legal means at its disposal that the facts expressed are truthful. Similar to force majeure, acts of God, death and Inability to pay workers shall be entitled to receive three months severance pay and seniority premium amount consisting of the twelve days of salary for each of the years of service.

BANKRUPTCY

The contest is the bankruptcy is illness and death of legal persons. This must be declared by a judge.If the judge or the creditors resolve the decommissioning of a company or the definitive reduction of the work, workers are entitled to receive the amount of three months' salary and seniority premiums. Your rights are preferred over all other claims except for alimony without entering competition, bankruptcy, receivership or succession.

PERSONAL ADJUSTING

In the case of introduction of machinery or processes that bring new jobs as a result of downsizing in the absence of agreement the employer must obtain the authorization of the Board of Conciliation and Arbitration. Adjusted Workers are entitled to a compensation of four months' salary plus twenty days for each year of service or the amount stipulated in labor contracts if greater, in addition to payment of premium old.

Justified and unjustified layoffs also terminated the employment relationship, but the law classifies them as grounds for rescission.

Tears go to sea. Workers do not know where they go but at least we know what they carry in your pocket, right when the employer meets its obligations.

GROUNDS FOR TERMINATION OF LABOR RELATIONS

WAIVER

PROPORTIONAL PARTS AND OLD BONUS IF YOU HAVE MORE THAN FIFTEEN YEARS

WORKER'S DEATH

THE BENEFICIARY HAS A RIGHT TO RECEIVE THE BONUS FEATURES and OLD.

TERMINATION OR EXPIRATION OF TERM WORK

PROPORTIONAL PARTS.

PHYSICAL OR MENTAL DISABILITY

1 MONTH OF SALARY AND PROPORTIONAL PARTS

FORCE MAJEURE OR INCIDENTAL