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First Jobs... Initial Arrangements of individual employment relationships...

- September 2007 -

Working Relationship

The working relationship is the provision of the service. No contract is required to exist. The law states that the employment relationship, regardless of the act that gives its origin, is the provision of a subordinate working staff to a person, upon payment of a salary.

INDIVIDUAL CONTRACT WORK

The contract is a voluntary agreement. Employer and employee agree. The worker is forced to work. The employer is obliged to pay. The law defines it as a contract, whatever its form or name, by virtue of which a person is obliged to lend to other subordinate working staff through the payment of a salary.

The contract and the employment relationship have the same effect. In that sense and the law gives definitions as follows that there is no difference. The working relationship is always born of the contract, whether written or oral, which is meant to know that for a worker provides services requires the consent of the employer, and that once the service is provided and the parties reach according to the conditions, that legal relationship is supervised by law.

PRESUMPTION OF BEING A WORKER

Just a person providing a service, and another getting it is enough to be presumed that between these two there is a contract and a working relationship. The presumption that is created is a nción juris tantum presumption, and it means accepting proven otherwise. This means that the worker is protected and protected by the law for the sake of providing the service, and if the employer says that the person is not his worker he will have to credit it with any type of evidence permitted by law.

MINORS

As we have stated previously, the under fourteen are prohibited from working. Neither can those between fourteen and sixteen who have not completed compulsory education, unless the competent authority considers that there is compatibility between studies and work. They also require authorization from their parents or guardians and, failing that, the union to which they belong, to the Board of Conciliation and Arbitration, the Labour Inspector or the Policy Authority.

These workers can not work in outlets of alcoholic beverages for immediate consumption, work likely to affect their morals or good customs, street work, unless specifically authorized by the Labour Inspectorate, underground or undersea, hazardous or unhealthy work beyond and forces which may prevent or retard their normal physical development, and non-industrial establishments after ten in the evening. [1]

The over sixteen years can freely provide their services, with the exception of not being able to work in industrial night work. Child workers may receive payment of their wages and bring actions relating to them.

THE WRITTEN EMPLOYMENT CONTRACT

Under the law, working conditions must be in writing if there are no applicable collective agreements. Even with the existence of collective agreements or contracts law is advisable to enter into labor contracts. The lack of this letter is attributable to the employer, because as we stated above there is a presumption of the contract and the employment relationship resulting from the provision of a service. So that the worker is not deprived of their rights under labor standards and services rendered, will be responsible for the employer's lack of such formality.

The legal requirements of the written employment contract found in Article 25 of the CFT and are as follows:

  1. Name, nationality, age, sex, marital status and address of the worker and the employer;
  2. If the employment is for work or time or indefinitely;
  3. The service or services to be provided, which shall be determined as accurately as possible;
  4. The place or places where the work should be paid;
  5. The length of the day;
  6. The form and amount of salary;
  7. The date and place of payment of wages;
  8. The indication that the worker will be trained or trained in the terms of the plans and programs established or to be established in the company, as provided in this Act, and
  9. Other conditions, such as days off, holidays and other agreed upon between the employee and the employer.

When not been determined or services to be provided, the employee shall be required to perform work that is consistent with their strengths, skills, status or condition and is of the same genre that are the object of the company or establishment. Today multifunctionality principle applies in collective agreements and contracts law as a modern way to achieve higher production.

MEXICAN WORKERS ABROAD

Mexican workers are also protected when they serve abroad, working conditions must be in writing and contain well above requirements should be specified such as transportation expenses, repatriation, transportation to the place of origin and worker power and his family and in his case also the expenses incurred by the crossing of borders and enforcing immigration provisions of the respective country, and the like, that will always be the sole responsibility of the employer, without compromising on the wage of worker.

Be agreed at this writing that the employee is entitled to the benefits granted security institutions and social security to foreigners in the country that will supply their services. In any case, you are entitled to compensation for the risks of working with an amount equal to the pointing Federal Labor Law.

Be established that the worker should enjoy in lease or loan, either in the workplace or in a place close to decent housing and clean.

In the same letter indicate the pattern established in Mexico for all types of legal matters and shall be requested to approve the contract to the Board of Conciliation and Arbitration authority, which to approve, determine the amount of the bond or deposit deems sufficient to ensure compliance with its obligations to the worker. The employer must provide the deposit in the Bank of Mexico or the designated bank institution. Then the contract must be approved by the consul of the nation where the services are to be supplied.

The employer may request the cancellation of the bond or deposit back once you have verified compliance obligations.

The under eighteen can only provide services outside the Republic, in the case of technicians, professionals, artists, athletes and generally skilled workers.

PROVIDE SERVICES IN THE REPUBLIC

When the worker provides services within the Mexican republic but in a different place of habitual residence of the worker and more than a hundred kilometers away, are entitled him and his family to travel expenses, household items, to a place of origin, and power, without compromising on your salary.

GENERAL PROVISIONS

The contracts and labor relations as expressly agreed force and the consequences that comply with labor standards, good faith and equity.

Failure of labor standards as regards the worker only results in civil liability, but in no case shall it imply coercion against his person.

INALIENABLE RIGHTS

Workers can not waive the accrued wages, compensation and other benefits arising from services rendered. Agreements, contracts or settlements shall be void if it is them off waiver of the rights of workers.


[1] CHILD'S PLAY Read article published in Labour in October 2005.


The picture in this article is for illustrative purposes only