By: Lic. Federico Anaya Ojeda - December 2005 -

Just walking through the streets of Mexico City to know that the law is not respected. Other cities in the republic also preclude enforce laws. Citizens and bystanders witness every day of what should not be: Children should not work ... unless they have a minimum age to do so.

In our country we identified two sources and constant flagrant violation of the rules regarding working children. The first lies in the so-called matches, workers supermarkets who provide favors in exchange for a tip. We see children under fourteen packing purchases housewives and other customers. Regulations are subordinate to the store, meet a given schedule and carry a uniform that gives them the same store or are forced to bear and even a name tag. Workers say that they are not a hoax, and no matter how many jurisprudence issued thereon, or how many agreements are signed between the ANTAD (National Association of Supermarkets and Department Stores) and the Government Capitalino, the matches are workers that fall under the assumptions Article eight of the Federal Labor Law. A worker is a person who provides personal services, subordinate to another person or entity in exchange for a wage. Tipping is the salary, subordination imposes the same store and if the matches do not comply with the regulations prevented from providing the service.

The second perhaps more serious violation is a social problem. The street children flood our city. In any working light find entire families. The mother rests sitting on the grass on a sidewalk. Children of this work. About half cleaned the mirrors of cars stop the red light, others to its container with soap and a paste used to smear the windshield. Gum or sell dubious merchandise. They ask for some bread and give them some money. At the end of the day the mother receives the earnings of their children and retire to spend the night somewhere in the City that God gave them. The problem is serious. Measures that could be taken in this regard are totally unpopular and not think at election time, but the long term damage to our country is permanent. Children are exploited and do not attend school which means that education in an important sector of our population is not conceived. A new class is discovered, children playing and parents working benefiting their children play. Solving this problem will not be in the overnight, but requires start today with many pants and a political and social sensitivity.

Bitterly the employer who violates the rules governing child labor contained in the Federal Labor Law, only you will be fined the equivalent of 3-155 times the minimum wage, something between 140-7000 pesos . Article 201 of the Federal Penal Code criminalizes corruption of minors by stating that that requires or encourages the practice of begging, shall be punished by three to eight years in prison and fined two hundred days. Under no circumstances punish offenders.

The provisions of the Federal Labor Law are public, which means they are mandatory for all and therefore no legal effect, or impede the enjoyment and exercise of rights, whether written or verbal, the provision that establishes jobs for kids under fourteen, overtime or night work in industry or after twenty-two hours to under sixteen.

WORKING CHILDREN BETWEEN FOURTEEN AND SIXTEEN YEARS OLD

The use of child labor of fourteen and over this age and under sixteen who have not completed their compulsory education, is prevented, except that children come before the Board of Conciliation and Arbitration requesting competent work permit and accompanying documents of their own choosing, for the compatibility between studies and work. The Board of Conciliation and Arbitration ruling.

Those over fourteen and under sixteen need permission from their parents or guardians to work and, failing that, the union to which they belong, to the Board of Conciliation and Arbitration, the Labour Inspector or the Policy Authority.

These child workers must obtain a medical certificate attesting to fitness for work and undergo periodic medical examinations ordered by the Labour Inspectorate. Without the certificate requirement No employer may use their services.

You may not use the work of under sixteen years:

• Outlets of alcoholic beverages for immediate consumption.
• Jobs may affect their morals or decency.
• Street work, unless specifically authorized by the Labour Inspectorate.
• Underground or underwater work.
• Dangerous or unhealthy work.
• Work beyond their strength and that may prevent or retard their normal physical development.
• Nonindustrial establishments after ten in the evening.
• Other as determined by law.
• Dangerous or unhealthy work are those that, by the nature of work, the physical, chemical or biological environment in which it provides, or the composition of the raw material used, are able to affect the life, development and physical and mental health of minors.

The workday under sixteen years may not exceed six hours per day and must be divided into a maximum of three hours. Among the different periods of the day, enjoy an hour of rest at least.

You may not use the work of under sixteen in overtime and on Sundays and mandatory rest. In case of violation of this prohibition, overtime is paid with a hundred percent of the salary corresponding to the hours of the day, and the wages on Sundays and mandatory rest, in accordance with Articles 73 and 75 of the Federal Labor Law.

Queda prohibida la utilización del trabajo de los menores de dieciséis años en horas extraordinarias y en los días domingos y de descanso obligatorio. En caso de violación de esta prohibición, las horas extraordinarias se pagarán con un doscientos por ciento más del salario que corresponda a las horas de la jornada, y el salario de los días domingos y de descanso obligatorio, de conformidad con lo dispuesto en los artículos 73 y 75 de la Ley Federal del Trabajo.

Enjoy an annual period of paid vacation eighteen days, at least.

Employers who have to serve under sixteen are required to:

1. Demand that they exhibit the medical documentation that are fit for work;
2. Keeping track of special inspection, showing the date of birth, type of work, hours, pay and other working conditions;
3. Distribute work to ensure that sufficient time to fulfill their curricula;
4. Provide training and instruction in the terms of the Federal Labor Law.
5. Provide labor authorities requesting reports.

WORKING CHILDREN BETWEEN FOURTEEN AND SIXTEEN YEARS OLD

The over sixteen years can freely provide their services with the ban on night work in industry do.

CASE OF EMERGENCY

1. The age of eighteen years shall not be engaged for services outside the Republic, except in the case of technicians, professionals, artists, athletes and generally skilled workers.
2. The age of fifteen years can not work on ships nor as trimmers or stokers if you are under eighteen.
3. In the public service maneuvers in areas under federal jurisdiction the work may not be used for children under sixteen.
4. The under sixteen may not form part of the leadership of the unions.
5. The working children have the capacity to stand trial without authorization, but in the case of not being advised in court, the Board sought from the Office of the Defense of Labor for the purpose. For minors 16 years, the Office of Labor Defense will designate a representative.

Do not want to sound chauvinist, love our Mexico and therefore especially contrasted. Other countries have been able to break the inconvenient problem of working children. And we mean those children who do not have the legal age to do so. In Spain, Germany and France do not even see these things. In Chile it lasts a few days. Child offenders are removed from the streets and their parents are consigned to the criminal authorities.

Hence, it should do the following thought: Do we need children to work to support their parents or children study's time to keep their children? Breaking the cycle is in ourselves and especially in the people we choose to govern us.

That harshly criticized enforceable transcribe the year 1967:

CONTRACT WORK, NON DEL. TIPS (HELPERS OF SUPERMARKETS). The fact that an individual provides direct, personal service to customers who come to the establishment of a supermarket and that the company will attend the premises permitted to perform that particular service to customers in exchange for gratuities or tips, it can be deduced that employment relationship exists between said negotiation and that person.

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Direct Amparo 2627/66. Honey josefino Eloy Martínez. February 13, 1967. Five votes. Speaker: Alfonso Guzman Neyra