By: Mtro. Federico Anaya Ojeda - July 2007 -

At profesionista lawyer is usually associated with the figure of the owl. There as my teacher and friend Juan Pablo Pampillo recent two aspects: First, the more unlikely the owl predator, that at night awakens with certainty and habits trick scavengers. The second, the Owl Goddess Minerva, appears associated with lawyers, given the ability ojilúcida, which could see even in the dark.

PAMPILLO MASTERFULLY DESCRIBES IT:

"... The owl is as intellectual figure, but still, it's intellectual figure in the midst of darkness, even more, is intellectual figure able to see in times of crisis ... and the lawyer is - at least should be, precisely Therefore, a lawyer, even more, a lawyer who is able to see in the darkness of man, even more, a lawyer who is able to see in the darkness of man, and in spite of it, recognize their luminosities even amid the dusk of culture ... [1]"

But experts say it's the birds, the owl of Minerva owl was not but it is an owl. The difference lies in the size, weight and shape. The Owl weighs three kilos and is about two feet, while the owl weighs six ounces and measures thirty inches. Owls also have feather tufts or horns and owls have plump head. In that vein, the owl of Minerva, not just any bird, but a according to the demands of the famous deity.

The confusion, paradoxically initiated the great German idealist philosopher, Wilhelm Friedrich Hegel, at the end of the preface to Philosophy of Law, who rescued the mythological owl of Minerva, but to describe the bird wrote "Eule der Minerva ', and not' Kauz der Minerva. " In German Eule is a generic way to describe these birds much like English owl. Hegel translators, ignorant of the birds and the owl of Minerva, became the little owl of Minerva distinguished himself as companion of the goddess of wisdom, a ruthless and ambitious predator.

So that there are associations and law firms that use the owl as a symbol of wisdom, not knowing what actually mistakenly evoke a fierce personality, wicked and disbelief.

Moving on to the topic at hand, lawyers, those of the owl and the owl, we found in labor law Labour law, an extraordinary engine that regulates all individuals on the planet, since all men and women are workers or employers.

SCOPE OF EMPLOYMENT LAW

Labour law is enshrined in Article 123 of the Political Constitution of the Mexican United States that consists of two sections A and B. The Federal Labor Law found regulated labor relations within the Section A of this Article, while the Federal State Service Workers regulated labor relations found in Section B. Both Federal laws governing its magnitude throughout Mexico.

OBJECT OF LABOUR LAW

The object of labor law is to achieve balance and social justice in the relations between workers and employers.

CONCEPT OF WORK

According to our law, the work is a right but also an obligation to society. It is not an article of commerce. It demands respect for the freedom and dignity of the worker and must be performed under conditions that ensure life, health and a decent standard of living for a worker and family.

Work is defined as any human activity, intellectual or material, regardless of the technical readiness required by each profession or trade.

PRINCIPLE OF NON-DISCRIMINATION

According to our law can not be made distinctions among workers based on race, sex, age, religious belief, political or social status. By virtue of social interest is considered to promote and monitor the training and the training of workers, so they are one more day trained and better prepared. Training today is considered as an investment rather than an expense.

WORKING PRINCIPLE OF FREEDOM

Any worker can or should work on whatever you want as long as such work is legal. In such a way that you can not prevent anyone working or engaged in the profession, industry or commerce that suits you. The exercise of these rights may only be stopped by decision of the competent authority when third party rights attack or offend those of society.

Is considered to attack the rights of third when it comes to replacing or permanently replace a worker who has been separated without having resolved the case by the Board of Conciliation and Arbitration or when denied the right to occupy the same job to a worker who has been separated from his duties because of illness or force majeure, or permission, to be resubmitted to work.

They offend the rights of society as a strike declared To substitute or replace the strikers in the work they do, without having resolved the conflict because of the strike, or when declared a strike on equal terms of legality by most of workers in a company, the minority intends resume work or continue working.

PUBLIC ORDER

The provisions of this Act are public, ie are obligatory, so shall be null and void and therefore protected the working class, oral or written contracts to establish work for children under fourteen, day greater than allowed; journey so obviously excessive inhuman; working overtime for those under sixteen years less than the minimum wage, salary is not remunerative, in the opinion of the Board of Conciliation and Arbitration; period longer than a week for the payment of wages to the workers, playground, catering, bar, cafe, tavern or shop, to make payment of wages, provided that no case of workers in these establishments, direct or indirect obligation for consumables Store or place, and the power of the employer to withhold wages for payment of a fine, paid less than that paid to other workers in the same company or establishment for equal work efficiency in the same type of work or equal day, on account of age, sex or nationality; industrial night work or work after twenty-two hours to under sixteen years, and the waiver by the employee of any of the rights or privileges set forth in the work rules that gives the quality of irrevocability.

FOREIGN WORKERS

The law imposes an obligation on companies or establishments, employing about ninety percent of Mexican workers at least. In the categories of technicians and professionals, workers must be Mexican, except they do not exist in a particular specialty, in which case the employer may temporarily employ foreign workers in an amount not exceeding ten percent of the specialty.

The pattern and foreign workers have a joint obligation to train Mexican workers in the specialty in question. Doctors at the service of firms must be Mexican. Not applicable as provided in this article to directors, managers and general managers.

CONCEPT OF WORKER

Worker is the individual who pays for another physical or moral, personal work subordinate.

CONCEPT OF WORKER OF TRUST

The functions of the management trust, inspection, monitoring and control, they have in general, and those related to personal work pattern within the enterprise or establishment. The category of worker trust depends on the nature of the functions performed and the trade description of the position.

The directors, administrators, managers and other persons exercising management or administrative functions in the undertaking or establishment shall be considered representatives of the employer and in that capacity they force in their relations with workers.

PATTERN CONCEPT

Pattern is the person or entity that uses the services of one or more workers. If the worker as agreed or usual use the services of other workers, the pattern of the former, it is also these.

CONCEPT OF BUFFER

Broker is the person who hires or involved in hiring someone or other to provide services to an employer.

LIABILITY SUBSIDIARY

Not be considered as an intermediary, but patterns, established companies that hire work to run with elements sufficient to meet the obligations arising from the relations with their workers. Otherwise will be jointly responsible with the direct beneficiaries of the works or services, obligations to workers.

Persons using intermediaries to hire workers will be responsible for the obligations arising from this Act and of the services provided.

In companies running works or services exclusively or primarily for another, and who do not have sufficient elements the recipient will be jointly liable for the obligations to workers and workers employed in the execution of the works or services will entitled to working conditions commensurate with those enjoyed by workers running similar work in the recipient.

UNDERTAKING

For the purposes of labor standards, the enterprise is defined as an economic unit production or distribution of goods or services and establishing the technical unit as a branch, agency or other similar form, is an integral part and contribute to the realization of the business purposes.

LAW SUPPLEMENTATION

In the absence of specific provisions in Article 123 costitucional in the Federal Labor Law, in its regulations, or international treaties, be taken into consideration its provisions governing such cases, the general principles derived from those legal principles general law, general principles of social justice arising from Article 123 of the Constitution, the law, custom and equity.

INTERPRETATION FOR WORKER

In the interpretation of labor standards will be considered the purpose and object of labor law, but if any doubt, the interpretation most favorable to the worker.

TAX EXEMPTION

All acts and actions that relate to the application of labor standards will not cause any tax.

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[1] PAMPILLO BALIÑO, Juan Pablo. PHILOSOPHY. GLOBAL THEORY OF LAW. Editorial Porrua, Mexico DF 2005