Employment contracts bind what is expressly agreed upon and the consequences determined by labour standards, good faith and justice. Work means any human, mental or material activity, regardless of the level of technical©preparation required for any profession or occupation. Child labour is subject to special supervision and protection by federal and local labour authorities. The Ministry of Labour and Social Affairs will develop programmes to eliminate child labour. The dismissal of the employee is unjustified if the employer has not informed him personally or through the board of directors of the termination of the employment relationship. An unjustified separation renders the dismissal null and void. For more legal documents in Spanish, please visit our friends at Justia México In 1935, Congress, exercising its authority to regulate interstate commerce, passed the National Labor Relations Act to regulate employer-employee bargaining and labor relations nationwide. The Act was amended by the Labour Management Relations Act, also known as the Labour Management Relations Act, in 1947 and the Labour Management Reporting and Disclosure Act in 1959. Most employers and employees engaged in interstate trade-related activities must comply with this law. It established the National Industrial Relations Board to deal with disputes between employers and employees arising from the Act and to determine which labour organization represents a particular group of workers.
Labor law is governed by federal, state, and judicial decisions. It is also governed by the rules and decisions of the administrative authorities. States may not interfere with written federal laws or policies promulgated by agencies created under federal law or the Constitution. The law establishes the presumption of the existence of a contract and the employment relationship between the person who provides employment and the person who receives it. Federal labour law is more than indispensable in all workplaces, not to mention that there have been constant changes in recent years. The working conditions must be recorded in writing, but the absence of a written form does not deprive the employee of the rights deriving from the law and the services provided. Social security covers risks and accidents at work; occupational diseases and general diseases; Motherhood; Disability; Retreat; Preventive medicine; medical©services and pensions; Crèches and social benefits. Now, the employment relationship is the provision of a person`s subordinate personal labor through the payment of wages.
The salary is the remuneration that the employer must pay to the employee for his work. Labour law is the set of legal provisions that govern the relationship between the employee and the employer; the employment contract; working conditions such as working hours, wages, rest days, public holidays, etc.; forms of termination of employment and social security. The object of the employment relationship is the employee and the employer. A worker is a natural person who performs personal work subordinate to another natural or legal person. The employer is the natural or legal person who uses the services of one or more employees. Underage workers must receive a salary and can lodge a complaint with the competent authorities. To talk about labour relations, let us start by defining who©are the subjects of the employment relationship and what© is meant by work according to the Federal Labour Code. Similarly, NOM 35 focuses on the prevention of occupational risks and the creation of well-being conditions for workers. In addition, it was the largest effort on the part of the Mexican authorities to promote the prevention of psychosocial risks through work and to establish mandatory prevention of psychosocial risk factors and violence in the workplace by employers, also wants to promote a favorable organizational environment. The working conditions are: the place(s) where the work is to be carried out; the length of the working day; the form and amount of the salary; date and place of payment of salary; training conditions; Days off; Leave and other instructions between employee and employer. Federal conciliation and arbitration bodies hear labour disputes in the industries, establishments or materials referred to in article 527 of the Federal Labour Act, including textiles, electrical©, cinematographic, rubber, sugar, mining, metallurgy, hydrocarbons, petrochemicals, cement and other industries; and companies that are managed directly or decentralised by the federal government or, among other things, that carry out work on federal territory.
The respective laws and international treaties to which Mexico©is a party apply to labour relations in all areas that benefit the employee from their entry into force. It is important to note that the fact that a person provides services or performs work on behalf of another and receives remuneration for it does not necessarily imply the existence of an employment relationship. It is common for this relationship to be confused with an employment relationship. Or confuse a contract for the provision of professional services with a contract of employment and on the basis of which the service provider or who performs the work, considers that he enjoys the rights and benefits that employees have under the Federal Labour Code, which is not the case, in these cases there will be no employment relationship, Because, as mentioned, there must be subordination for an employment relationship, which does not exist in service contracts. However, the right to work has certain restrictions that, in order to be valid, must be taken into account and recognized by the Constitution, an example we have in the case of those who have access or wish to© remain in a public position or office, must meet certain requirements of conditions and suitability prescribed by law. A strike is the temporary suspension of work carried out by a coalition of workers. Labour relationships may be work-related, seasonal or temporary, or permanent and may be subject to initial review or training. Unless expressly justified, the employment relationship shall be concluded for an indefinite period.
The law explicitly states that the work of children under the age of fifteen is ± prohibited. Persons over the age of fifteen ± are free to provide their services, but the law imposes certain restrictions, such as: persons over the age of fifteen ± and under eighteen years of age ± must ± engage in activities dangerous to their health, safety or morals; In addition, they may not be recruited if they have not completed their compulsory basic training, except in cases approved by the Labour Authority. The Norris-LaGuardia Act was passed in 1932 to limit the power of federal courts to issue injunctive relief prohibiting unions from participating in strikes and other enforcement actions. The Federal Labour Code has been created since 1931, in which you can consult: the employer and the employee have mutual obligations by reason of the employment relationship, the law provides as obligations of the employer: compliance with legal provisions; pay the employee`s salary and remuneration; the supply of materials necessary for the execution of the work; to provide pregnant women with the protection provided for by the regulations; inter alia.