Labor Law in Cabo
Labor Law: Protecting the worker
Labor law is the set of legal rules that regulate the relationship between workers and employers, balancing their rights and obligations in the employment relationship. It seeks to guarantee dignified, fair and safe conditions in the work performance.
This complex branch of law is in charge of fundamental issues such as the employment contract, working hours, salary, legal benefits, training, performance evaluation, collective rights, strikes and unions, as well as the specialized jurisdiction to settle labor-management conflicts.
The principles governing labor law are:
- Protection of workers as the weaker party in the labor relationship.
- Balance between the factors of production capital-labor.
- Substantive equality and non-discrimination.
- Impartiality between workers and employers.
- Social justice and equal opportunities.
- Free union association and collective bargaining.
- Prevalence of reality over established formalities.
- Rights and obligations in the employment relationship.
Labor law establishes the rights and obligations of workers and employers.
Workers
- Maximum working day.
- Weekly rest and paid vacations.
- Christmas bonus and profit sharing.
- Job training.
- Safe and healthy work environment.
- Job stability.
- Medical assistance and leaves of absence.
- Compensation for work-related accidents or illnesses.
Employers
- Comply with agreed working conditions.
- Pay wages and benefits on time.
- Implement safety and hygiene measures.
- Respect working hours and rest periods.
- Refrain from unjustified dismissals.
- Allow free union association.
Labor lawyers intervene in cases such as:
- Unjustified dismissal.
- Non-payment of salaries and benefits.
- Accidents and work-related illnesses.
- Labor harassment.
- Violation of maternity or paternity rights.
- Discrimination based on gender, age, religion, etc.
- Poor health and safety conditions.
- Refusal to recognize worker’s seniority.
- Unjustified closing of the company with violation of rights.
- Resolution of individual and collective disputes
The main ways to resolve labor disputes are:
- Administrative mediation before the Conciliation and Arbitration Board.
- Labor trial before the competent court.
- Strike as a last resort in collective conflicts.
- Collective bargaining by means of legal contracts.
Our labor lawyers represent both workers and employers in conciliation, arbitration and labor lawsuits, in order to reach a fair solution in accordance with the law.
Civil attorneys are specialists who will assist you in various situations related to your estate, family and individual rights. Their services include:
Advice on labor contracts
Review and drafting of individual and collective bargaining agreements that comply with all legal provisions.
Lawsuits for dismissal
Representation of the employee to obtain reinstatement or payment of compensation for unjustified dismissal.
Work-related accidents
Obtaining indemnification and payment of medical expenses for accidents or illnesses occurring at work.
Unions and collective bargaining agreements
Advice on forming unions and negotiating fair and beneficial collective bargaining agreements.
Defense against harassment and discrimination
Protection and damages for discriminatory practices in the workplace.
Labor Law In Cabo
Our lawyers, experts in labor law, represent and advise both workers and employers in labor disputes.
More than clients, our partners
«I was working as a laborer in an auto parts factory when the terrible accident occurred. That day I was operating the bending press, but the safety system failed and my hand got stuck. The pain was unbearable. My screams alerted my co-workers and they stopped the machine, but my hand was already fractured and crushed.
I was rushed to the hospital while the company was notified. Because of the severity of my injuries, the doctors informed me that I might not fully recover the mobility of my hand. At that point I knew I needed a lawyer.
Upon recommendation, I hired Mr. Juan Gonzalez, a labor lawyer from Law In Cabo. He immediately took legal action in my defense, demanding the company to assume the medical expenses and pay a fair compensation for being a work accident due to its failures in safety measures.
Thanks to the efficient legal representation of Mr. Raul, I was able to make the company take full responsibility. They covered all the expenses of surgeries and therapies until my recovery. I also received an economic compensation that allows me to support my family. I will always be grateful for helping me obtain justice.»
