In today’s article of Abogados Cabo we will talk about Labor Law or Labor Law in Mexico, which has its origin in historical, political and economic events. Article 123 of the Political Constitution of the United Mexican States enshrines labor rights and guarantees. Mexico’s labor legislation is federalized, our labor regime is unified by provision of article 123 of the Constitution since it is the Congress of the Union, which has the power to issue Labor Laws.
In 2011, the Constitutional reform to Article 1 was carried out, contemplating and guaranteeing the human rights provided for in the international treaties to which Mexico is a party. This constitutional reform was extended to several constitutional numerals, among them Articles 5 and 123, and by virtue of this, every person has the right to a dignified and socially useful job or to the profession, industry or trade that suits him/her as long as it is lawful. In addition, the Federal Labor Law grants a balanced treatment to the worker and employer in labor relations.
Notwithstanding, the right to work has certain limitations that in order to be valid must be contemplated and admitted by the Constitution, an example is the case of those who wish to access or remain in a public position or post, must comply with certain requirements of conditions and suitability demanded by law.
Article 123 of the Constitution consists of two sections:
Section A, which governs labor relations between workers, day laborers, domestic employees, artisans and, in general, all labor contracts. The Federal Labor Law governs the relationships included in this section.
Section B governs labor relations between the Powers of the Union and its workers. The Federal Law of Workers in the Service of the State, which regulates Article 123 of the Constitution, is applicable.
Labor law is the set of legal norms that regulate the relationship between the employee and the employer; the employment contract; the working conditions such as working hours, salary, days of rest, vacations, among others; the forms of termination of the employment relationship and social security. In a very general way in this section we refer to these topics, if you wish to know more about each one of them, we invite you to visit the respective sections within this portal.
Labor Relationship
To talk about the labor relationship, let’s start by defining who are the subjects of the labor relationship and what is understood as work in accordance with the Federal Labor Law. The subjects of the labor relationship are the worker and the employer. The worker is the individual or legal entity that provides subordinate personal labor to another individual or legal entity. The employer is the individual or legal entity that uses the services of one or more workers.
The employer and the employee, by virtue of the labor relationship, have reciprocal obligations, the law contemplates as obligations of the employer: to comply with the legal provisions; to pay the employee wages and indemnities; to provide materials necessary for the execution of the work; to provide pregnant women with the protection established by the regulations; among others. On the other hand, the law also establishes the obligations of the worker, some of which are: to comply with the provisions of the applicable legal regulations; to perform the service under the direction of the employer; to perform the work with the appropriate intensity, care and dedication in the manner, time and place agreed upon; to observe good customs during the service; to submit to medical examinations to prove that they do not suffer from any disability or work-related, contagious or incurable disease; among others.
Work is understood as any human, intellectual or material activity, regardless of the degree of technical preparation required by each profession or trade. Now then, the employment relationship is the rendering of subordinate personal work by a person, through the payment of a salary. The salary is the remuneration to be paid by the employer to the employee for his work.
The essential element of the employment relationship is subordination, understood as the existence of a legal power of command of the employer to which corresponds a duty of obedience on the part of the worker. Workers, by virtue of a labor relationship, are obliged to render their services under the direction of the employer. It is important to mention that the fact that a person renders services or performs work on behalf of another, receiving payment for it, does not necessarily imply the existence of an employment relationship.
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