When a labor relationship or employment contract is entered into, the employer and the employee agree on the working conditions and the consequences of not complying with those conditions by either of them.
In addition to the labor contract, in Abogados Cabo we know that the Federal Labor Law provides for the existence of an Internal Labor Regulation, which establishes the mandatory provisions for the workers and for the employer of the company or establishment. In order for a regulation to be legally effective, it must be filed before the Conciliation and Arbitration Board. The provisions of the Internal Labor Regulations are established in accordance with the Federal Labor Law and the employment contract, i.e., they specify the rights and obligations of the employer and the worker of the company or establishment, for example: the hours of entry and exit of the workers, days and places of payment, rules to prevent occupational hazards, permits, leaves, as well as disciplinary measures and sanctions for breach of the provisions of the regulations, which may range from suspension from work to termination of the employment relationship or employment contract.
At my job they made me sign in blank to hire me
At my job they made me sign in blank to hire me
But… What happens if they make you “sign in blank”? Are you in that situation?
Signing blank sheets of paper is one of the trickiest issues in employment. Anyone facing their first job is baffled by this type of practice. You should know that the “blank” (and even falsified) signature is, in “the best” of cases, an early resignation.
According to data from the Ministry of Labor and Social Welfare (STPS), unjustified dismissals account for one third of the cases that reach the “Boards”. Of that fraction, 60% are forced resignations. But, why simulate the resignation of an employee and not fire him/her?
The employers’ justification is to protect the organization. For example, in large supermarket companies (where turnover is constant), only an unnotified absence of the employee is enough to make the “blank signature” effective. Thus, the employer could save the payment of royalties to the worker.
At my job they made me sign in blank to hire me
At my job they made me sign in blank to hire me
Some real reasons are:
- To reduce severance costs.
- To modify seniority, salary and labor benefits data.
- To speed up personnel turnover.
- If you resign, you are entitled to a severance payment consisting of the days worked in the fortnight or month (plus the proportional parts of your benefits).
In the event of dismissal, you are entitled to a severance payment equivalent to three months’ salary, seniority premium and other rights for unjustified dismissal. Evidently, an employer would rather pay 10 days of work than three months’ salary.
Some companies go so far as to force the employee to sign a packet of blank sheets of paper that will make up the “Hiring Manual”. This “handbook” is made up of “blank” promissory notes and various legal locks, such as false acknowledgments of not having suffered work-related accidents.
Workers are forced to sign promissory notes under the pretext of “backup for theft or fraud”. In reality, it can be used as a tool to extort money from employees.
At my job they made me sign in blank to hire me
At my job they made me sign in blank to hire me
Unfortunately, this practice does not have legal sanctions (which are still a legislative initiative to reform articles 33 and 1006 of the Federal Labor Law). The lack of explicitness of the “blank resignation” discourages its denunciation, since it is difficult to verify the labeling.
Sometimes, the “blank signature” occurs during the dismissal (conditioning the termination). There are two options: sign or denounce. In the second case, you have a term of two months to initiate actions at the Federal Labor Defense Attorney’s Office (PROFEDET). We suggest you evaluate the time and costs of a legal process.
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At Law In Cabo we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.
At my job they made me sign in blank to hire me
You may be interested in: https://lawincabo.com/labor-law
At my job they made me sign in blank to hire me
