By: Mtro. Federico Anaya Ojeda - August 2007 -

CONCEPT

The salary defined by the Federal Labour Law and the remuneration to be paid by the employer to the employee for their work. So that the salary is a consideration commutative pattern gives the worker contributes money and work. The archaic ideology that prevailed for many years that the pattern does as you pay and the worker does as it works, is disappearing and should go away if we have an important role in the globalized world.

For that reason our Federal Civil Code provides that legal capacity is equal for men and women, and such, is not subject women, because of their sex, to restrictions on the acquisition and exercise of their civil rights . Similarly, for wages, is considered a full chapter to the protective rules and privileges wage, precisely so that forgetful and foolish not occur neglecting the social rights of the working class.

PAYMENT SYSTEMS

The salary can be agreed in many ways. The most common are per day (time), by piecework (unit of force) by percentage (commission done), or fixed price (determined globally work). Also can be agreed a mixed system of compensation, using these four forms of payment or compensation system create another commutative of services.

When wages are determined by work unit or project must specify its nature. When the employer provides equipment, supplies or tools to do the work, you need to be an inventory of the quantity, quality and condition they keep. The employer can not charge for the wear of these used for the job.

SALARY INTEGRATED

The set of a worker receives compensation for their work and that are part of their salary. The integrated salary consists of cash payments made daily rate, bonuses, perceptions, housing, bonuses, commissions, benefits in kind and any other amount or benefit provided to the employee for their work and therefore are part of the wage . However it should be considered a rational or reasonable, in respect of which influence the production performance and at work, as in the case of membership in the social security system, severance pay, vacations, bonuses, hours extra allowances where performance must be analyzed for work, for your work and as a worker, as well as many other circumstances that are radically different in each particular case and which are of a separate study. As an example we give the payment of bonus fifteen days referred to in art. 87 of the LFT. The payment is calculated using the base salary. In the same way we calculate the premium payment holiday. However, even though both vacation pay bonus as part of the salary, someone could happen (and boy that someone has existed, exists and will exist) to conceive the strange idea that to pay vacation pay shall be computed on the basis of payment of bonuses and vice versa.

SALARY REWARDING

The salary should be rewarding and never less than the minimum wage established under the provisions of the Federal Labor Law. To determine the amount of wages taken into consideration the amount and quality of work. When in the judgment of the Boards of Conciliation and Arbitration, the wages paid to an employee is not compensating for services under the circumstances of the work or the day excessive, can order payment of wage differentials up to a year to the date of filing of the application and corresponding wage leveling.

In the wage per unit of work, the compensation paid shall be such that for a normal job in a day of eight hours, give results in the minimum wage, at least.

PRINCIPLE OF EQUAL PAY

Article 86 of the LFT states that equal work performed in place, time and conditions of efficiency equal, must be equal pay.

The principle of equal pay involves not only delivering the same amount of money and benefits, but ALSO, THE ESTABLISHMENT OF WORKING CONDITIONS IDENTICAL, with the purpose of being equal, time and efficiency, equal pay also falls.

DEADLINES FOR PAYMENT OF WAGES

In the case of workers who perform physical labor or materials, the deadline for paying the salary can never be more than a week. For other workers is within a fortnight. Excluded from this rule workers are hired by the day, in case if it concludes the day for which they were hired, also terminates the employment relationship, the employer must pay at the time.

SEVERANCE PAY

Compensation of employees must be paid with integrated daily wage mentioned in Article 84 of the FLL a day in whom the right to compensation. Thus, severance pay, for readjustment or separation should be paid to the integrated salary. Controversy exists concerning the payment of wages due. I believe that the wages due must be paid with the salary only integrated if reinstallation is claimed and during the conduct of the trial in question, because it is intended that the employment relationship subsists with all its effects and components, must be careful not condemn a double payment if members demand wage benefits separately.

Contradiction copied thesis that reads:

WAGES IF REINSTATEMENT FALLEN. MUST BE PAID WITH APPROPRIATE TO PAY DAILY FEE UNDER ARTICLE 82 OF THE FEDERAL LABOR LAW ALL MORE FEATURES THAT THE WORKER been receiving ORDINARY WAY YOUR EMPLOYER.

The contract enforcement action implies that the relationship between the surviving contenders for all legal purposes, if it is determined dismissal unjustifiedness therefore be contrary to these purposes that were intended that within the components of pay, when they demand reinstallation, be included on the seniority premiums and other benefits that appear when the employment relationship is broken, since the payment of these are inconsistent with the continuation of the legal relationship, hence the concepts to be considered in setting the amount of wages due shall be those ordinarily perceived the worker for his services, which shall include, in addition to the daily fee in cash, proportional parts of the agreed services in the law, in the individual contract or the respective collective , provided they do not involve a payment to be made on the occasion of the completion of the corresponding individual contract, because the right to reinstatement of an employee, when he is fired from his job, not only be physical, but legal, which implies reinstatement or restoration of rights worker would ordinarily correspond to the company, this restoration includes not only the rights they already enjoyed before dismissal, but those who had to acquire for the provision of their work while he was separated from him, among which include wage increases and recognition of their seniority in that time, however, it is important to consider that if the worker, in his separate lawsuit seeks payment of any component of wages is ordinarily been receiving such provision would not come to swell the wages due or overdue because, if so, that component would be paid double.

Contradiction of Thesis 7/99. Among those supported by the First Collegiate Court of the First Circuit Working and Tenth Circuit Courts of the Seventh Circuit Second and Seventh on Labour for the First Circuit. January 21, 2000. Five votes. Speaker: José Vicente Aguinaco German. Secretary: Claudia Mendoza Polanco.

When wages are fixed by the week or month, will be divided among seven or thirty, as appropriate, to determine the daily wage.

When a worker is paid variably, ie per unit of work or piecework, base salary will be taken as the average daily wage received in the last thirty days worked, but in that time there was an increase in salary should using as a basis the average wage received by the employee from the date of the increase.

SOME CASES OF EMERGENCY

1. For workers of ships, railways, transport aircraft, athletes, actors, musicians, does not apply the principle of equal pay for equal conditions.
2. For domestic workers further comprising salary payment made in cash, twenty-five percent of the room and its amount for food.
3. To determine the daily wage of trading agents, insurance salespeople, reps, sales propagandists or drivers and the like, shall be based on the average wages resulting from last year or the total received if the employee did not meet one year of service.
4. For workers in restaurants, hotels, bars and the like, the tips are part of the salary if it is determined as a tip, a percentage on any purchase, or if the parties agree the increase to be made to the base salary for payment of any compensation or benefits accordingly.