By: Mtro. Federico Anaya Ojeda - Agosto 2007 -

STANDARDS AND PRIVILEGES SALARY PROTECTIVE

Common sense and proper wages are sacred alien. It is so obvious that it is embarrassing to have to write laws to protect you. It should be "value understood" as that men and women are equal, however along insightful history have appeared oblivious that our laws have required them to remember the essence of human nature and this is making it more embarrassing.

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.

PROTECTION PRINCIPLES AND RULES

FREEDOM.

Workers freely dispose of their wages. The laws, contracts or agreements that contravene this provision will be void.

WAIVER.

No employee may waive entitlement to pay. Can not work without receiving or have worked and not wanting to charge.

DIRECT PAYMENT.

The worker must receive their salary directly. If you are unable to arrange collection appoint a proxy by proxy signed before two witnesses. The pattern that pay poorly paid twice not be released from liability.

LEGAL TENDER COIN.

The part of the salary to be paid in cash must be paid in pesos. Payment may be agreed in foreign currency but if the service is provided within the Mexican Republic pay the worker the equivalent in national currency, the exchange rate in force at the place and date on which payment is made. It is not permitted to pay in goods, vouchers, tokens or any other article that is intended to replace money.

PROPORTIONALITY.

The benefits in kind should be appropriate for the personal use of the worker and his family and reasonably proportionate to the amount of salary to be paid in cash.

ASSIGNMENT AND COMPENSATION NULL.

The worker may not assign your wages to another person, much less the employer. Assignment is null that this is done. Nor can offset the salary of any form.

PAYMENT REQUIRED.

Unless there is cause for suspension of the employment relationship [1] the employer is required to pay wages as long as the employment relationship.

PROHIBITION OF FINES.

Unable to fine workers, whatever the reason or concept.

PLACE AND DATE.

Payment of wages shall be made at the place of supply of services on the date agreed between the employee and the employer. The law says that the day should be working and that payment must be made during working hours or immediately after its completion. Technological advances have exceeded this precept because nowadays companies deposit their workers debit cards by bank transfer, which is valid as long as the employee disagrees.

DISCOUNTS.

Discounts on wages of workers are prohibited, except for:

1. Payment of debts owed to the employer for salary advancement, excess payments made to the worker, errors, losses, damages or acquisition of goods produced by the company or establishment. (The amount payable may not exceed one month's salary and the discount does not exceed thirty percent of the excess of the minimum wage);
2. Rooms in lease payment of workers to their employers. The payments shall not exceed fifteen percent of salary.
3. Payment of subscriptions to loans from the National Housing Fund for Workers (INFONAVIT) for the acquisition, construction, repair, expansion or improvement of residential houses or payment of liabilities incurred for these items. Discounts shall not exceed two percent.
4. Expenses incurred for the administration, operation and maintenance of the residential concerned workers who have been granted a loan INFONAVIT, corresponding to 1% of the integrated salary salary.
5. Payment of fees for the establishment and promotion of cooperative societies and savings banks, as long as they conform workers freely and express. The discount can not be greater than thirty percent of the excess of the minimum wage;
6. Payment of alimony to wife or husband, concubines, children, parents and grandchildren, when decreed by a judge;
7. Pay regular dues;
8. Payment of subscriptions to cover loans guaranteed by the guarantee fund for the promotion and consumption of workers. These deductions must have been freely admitted by the employee and shall not exceed twenty percent of salary.
9. WAIVER OF INTEREST.- The debts obtained by workers with their employers do not bear interest.
10. SALARY attached.- Workers' wages can not be garnished, except for child support ordered by civil or family court regarding the persons mentioned above. Employers have no obligation to perform any other judicial or administrative order though.
11. PREFERENCE.- With the exception of maintenance, wages earned in the last year and benefits that apply to workers are preferred over all other claims, including those who enjoy collateral, prosecutors and for the Mexican Institute of Social Security, on all assets of the employer. Workers do not need to enter competition, bankruptcy, receivership or succession. The Board of Conciliation and Arbitration to seizure and sale of any property necessary for the payment of salaries and allowances. The beneficiaries of the deceased worker are entitled to outstanding benefits and compensation covered, bring actions and continue the trials, without probate, but they should exercise a special procedure before the Board of Conciliation and Arbitration for.
12. ALCOHOL AND GAMES.- Not allowed to establish alcoholic beverage outlets whose alcohol content exceeds five percent and gambling houses and allocation in the workplace. Out of stocks this prohibition extends to a radius of four miles from the workplace.
13. CLOTHING STORES, FOOD AND HOUSEHOLD. - Employer and employees can agree to the establishment of stores and shops that dispenses clothing, groceries and household items under the following rules:
1. The purchase of the goods will be free and without coercion of workers;
2. The selling prices of the products and their increments will be fixed in the agreement between workers and employers, and can never be higher than the official price or current market;
3. Workers are entitled to a share by management or monitoring the store or shop which will be stated in the respective agreement.
4. The Federal Executive shall regulate the manner and terms under which the fund is established to promote and guarantee workers' consumption, which will provide funding for the operation of warehouses and shops. Just as managed in other institutions, to grant and guarantee, cheap and timely credit for the acquisition of goods and payment of services by workers.