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Mexico and competitiveness

Mexico and competitiveness. Mexican Federal Labor Law of 1970. Obsolete It was characterized by its inflexibility Discouraged growth and productivity Lack of legal certainty Unlimited wages in case of litigation . Legislative Process 2012. New Employment Agreements. Initial training

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Mexico and competitiveness

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  1. Mexico and competitiveness

  2. Mexican Federal Labor Law of 1970 • Obsolete • It was characterized by its inflexibility • Discouraged growth and productivity • Lack of legal certainty • Unlimited wages in case of litigation

  3. LegislativeProcess 2012

  4. New Employment Agreements • Initial training • Probationary period • Seasonal agreements Employment agreements for an indefinite and definite term are still valid according to the Labor Law.

  5. Individual Employment Agreements(art. 35 y 39) • Initial training • Objective: That employee acquires knowledge and skills to perform the activities he will perform. • Effective term: • Three months - general rule. • Six months - managerial positions that require professional and specialized capabilities.

  6. Individual Employment Agreements(art. 35 y 39) • Probationary Period: • Objective: Verify that the employee has necessary skills to perform the job. • Effective term: • 30 days - general rule • 180 days – managerial positions • Termination: • Employer shall consider the opinion of the Employee – Employer Productivity and Training Committee.

  7. Individual Labor Agreements(art. 35 y 39) • Seasonal Agreements: • For indefinite term; fixed, periodic and discontinuous work.

  8. Hourly salary payment (art. 83) • Conditions: • Must not exceed the legal maximum working shift. • Employer must comply with all labor and social security obligations. • Employee’s salary shall not be less than the minimum daily wage.

  9. Home Office (art. 311) • “Home Office” is considered as work at distance by using information and communication technologies. • Recommendations: • Implement home office policy • Written agreement with employees • Communication and training

  10. FLL Reform – art. 15 - A • Subcontracting (“Outsourcing”) is the work or services performed through employed by and working under a contractor’s control, for the benefit of a customer, whether a legal or natural person, and the customer sets the tasks for the contractor and supervises the contractor in rendering the services or performing the contracted work

  11. Subcontracting / Outsourcing(art. 15-A) • This type of work must comply with the following conditions: • It cannot cover the totality of the activities, whether equal or similar in totality, undertaken at the workplace. • Outsourced activities shall be specialized. • It shall not include equal or similar tasks to the ones performed by the employees of the contracting party (customer). • If these conditions are not met, contracting party (customer) will be considered to be the employer for purposes and effects under the Law, including social security obligations.

  12. Limit to Back Wages (art. 48) • If the employer does not prove the grounds for dismissal: cap to back wages: 12 months. • Monthly interest rate: 2% over 15 months capitalized at the payment date • It will apply only to labor suits started as of December 1, 2012 (art. 11 transitory)

  13. Productivity (art. 153 – I) • Optimize human, material, financial, technological and organizational resources. • Purpose: • Promote competitiveness and sustainability • Improve capacity, technology and organization • Increase salaries • Welfare • Distribute benefits equitably

  14. Employee – Employer Committee for Productivity and Training (art. 153 – E y K) • Obligation for companies with more than 50 employees • Correlation between wages and productivity • National Productivity Committee - advisory agency

  15. Questions & Answers

  16. Presented by: Oscar de la VegaShareholder Littler de la Vega y CondeMexico City, MexicoTel: +52.55.5955.4501odelavega@littler.com

  17. International Seminar of TST, CUT, UGT & CNI August 20, 2013

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