By: Mtro. Federico Anaya Ojeda - May 2006 -

Melitón had worked twenty five years as a packager of the largest limestone quarries in the country. Their rights were respected and protected at all times by the humanity of their employers and union militancy owner of the collective bargaining agreement. For when you would play Melitón withdraw some pesos that could invest in a business with their children.

Melito had finished his shift at two in the afternoon. Agitated headed to the offices of the company to see Moses, the plant manager. On the way I thought. The work had not been comfortable in recent years. The lime was not an easy item to share life. The dust got everywhere, skin, clothes, shoes ... The lime had become a part of the body, like an arm or a leg but scraping or burning if it was dry or wet.

The working life of Melito paraded through his head as he arrived at the office. The policy could be an option after retirement, perhaps the mayor's...

- We come to give thanks. - Meliton said his employer. - I'll try my luck on my own, and as you know I played some pennies I would like to receive "pa put a little business."

Of course Meliton. - Said Moses, who had been warned weeks before your worker intended. - I have prepared a lot for you, your bonus, your vacation, and of course the amount of your "old raw" for all your years of service. And reviewed your union.

Melito could not believe it, so many years of tireless effort and sweat misunderstood by their employers. Twenty-five years of work thrown away by an unfair measure. How was it possible that he did this to him? If he was one of the best packers Calera. How could he be so blind trust in their patterns clairvoyantly operators and union leaders fiction? But Melito not going to leave after so many years, union boss would know who they were facing.

- Sorry USTE my employer. - Meliton said with a shrug. - At that You'll Ever said to my cousin I did not know, and I will not share a dime with that woman.

*** Article 162 of the Federal Labour Law states that plant workers are entitled to a seniority premium payment consisting of twelve days salary for each year of service. This feature is totally different from the compensation of the twenty days per year than other numbers we have analyzed and should not be confused. The premium calculation is old worker's salary but has its peculiarities and exceptions:

The amount taken as a basis for calculating the seniority premium shall not be less than the minimum wage. (This course could be in the event that a worker does not work full time as usual-part time or hourly-and consequently the amount received is less than the minimum wage for the whole day.)

If the wage paid to the worker exceeds twice the minimum wage of the geographic area of the place of supply of services will take that amount as maximum salary.

It may be that in the individual contract, collective agreement or contract law is agreed another issue, which will always be respected waiving no rights for workers.

Seniority premiums paid in almost all cases according to the law itself. They are entitled to it according to this legal principle:

1. Workers who quit their jobs with older than fifteen;
2. Not having fifteen years separate company with justification, ie for reasons attributable to the employer;
3. Workers dismissed with or without cause;
4. The beneficiaries of the deceased worker.

Other cases prescribed by law must be paid in this law are:

1. If a worker suffers a physical or mental impairment that makes it impossible for the provision of labor, whether the disability is from a non-professional risk. (Article 53 fracc, IV and 54 of the LFT)
2. ) In the case of collective termination of labor relations by force majeure not attributable to the employer, physical or mental disability or death of the employer, the notorious and manifest Inability to pay exploitation, the exhaustion of the subject matter of an extractive industry, and legally contest or declared bankruptcy, if the competent authority or the creditors resolve the decommissioning of the company or the permanent reduction of their work. (Section 434 and 436 in conjunction with 38 of the LFT)
3. For restructured (Article 439 of the LFT)
4. When the employer refuses to submit their disputes to arbitration or to abide by the decision rendered by the Board (Article 947 of the LFT)
5. The case law has also its harvest reaching equity pronounce that all workers are entitled to it except as provided in Article 162 of the LFT.

Is that all workers are entitled to seniority premiums, except give up their jobs and do not have fifteen years of services as well as to rescind his contract for reasons attributable to the employer, with less than fifteen years of service and fail to prove at trial the causes of termination.

Entry

AGE PREMIUM VOLUNTARY RECALL IF, CONTRARY.

Text

If workers are laid off from work, but voluntarily retire and have less than fifteen years of service, lack of entitlement to seniority premiums, unless otherwise agreed. APPELLATE COURT OF THE SIXTH CIRCUIT.

Precedents

Direct Amparo 88/89. Jose Miguel Cortes-Meza and another. June 21, 1989. Approved unanimously. Speaker: Arnold Najera Virgin. Secretary: Crispin Enrique Campos Ramirez. Direct Amparo 89/89. July Melendez Hernandez. June 21, 1989. Approved unanimously. Speaker: Arnold Najera Virgin. Secretary: Crispin Enrique Campos Ramirez. Direct Amparo 350/90. Di-Profarma, SA de CV September 4, 1990. Approved unanimously. Speaker: Gustavo Calvillo Rangel. Secretary: Jorge Alberto Gonzalez Alvarez. Direct Amparo 318/90. Alfredo Gazca Banfi. October 16, 1990. Approved unanimously. Speaker: Arnold Najera Virgin. Secretary: Crispin Enrique Campos Ramirez. Direct Amparo 435/91. Dulcerías Gold, SA October 16, 1991. Approved unanimously. Speaker: Gustavo Calvillo Rangel. Secretary: Jorge Alberto Gonzalez Alvarez.

Appears Published in Official Gazette No. 49, p. 117.

Finally for the payment of the premium in the case of workers to retire voluntarily, it shall take account of the following reasons:

1. ) If the number of workers who retire within a period of one year does not exceed ten percent of total workers in the undertaking or establishment or a particular category, payment is made at the time of retirement.
2. If the number of workers to withdraw exceeds ten percent, will be paid to those who first retire and may be deferred to the following year payment to workers who exceed this percentage.
3. If the withdrawal is made at the same time by a number of workers increased the percentage required, will cover the premium to those with more seniority and may be deferred to the following year the payment corresponding to the remaining workers.

- Pos engineer speak clearly. - Meliton said to Moses, one who is poor and tired kms and you confusing with so much folklore.