Article 132 of the Mexican Federal Labor Law

Article 132 of the Mexican Federal Labor Law

Employers have the following obligations:

Comply with the provisions of the labor regulations applicable to their companies or establishments;
To pay the workers the wages and indemnities, in accordance with the regulations in force in the company or establishment;
Timely provide the workers with the tools, instruments and materials necessary for the execution of the work, and must provide them of good quality, in good condition and replace them as soon as they cease to be efficient, provided that the workers have not agreed to use their own tools. The employer may not demand any compensation for the natural wear and tear suffered by the tools, instruments and working materials;
Provide a safe place for the storage of the work tools and implements belonging to the worker, provided that they must remain in the place where the services are rendered, without it being lawful for the employer to retain them by way of indemnification, guarantee or any other. The registration of work instruments or tools must be made whenever the worker requests it;
Maintain a sufficient number of seats or chairs available to the workers in commercial houses, offices, hotels, restaurants and other similar work centers. The same provision shall be observed in industrial establishments when the nature of the work permits;
To keep workers in due consideration, refraining from bad treatment by word or deed;
To issue every fifteen days, at the request of the workers, a written record of the number of days worked and the salary received;
To issue to the worker who requests it or who separates from the company, within a term of three days, a written record of his services;
To grant workers the necessary time for the exercise of the vote in popular elections, mandate revocation processes and for the fulfillment of jury, electoral and census services, referred to in Article 5 of the Constitution, when such activities must be carried out within their working hours;Section IX amended by the Decree amending Section IX of Article 132 and Section V of Article 204 of the Federal Labor Law, published in the Official Gazette of the Federation on April 28, 2022.
Allowing workers to miss work to perform an accidental or permanent commission of their union or the State, provided that they give due notice and that the number of commissioned workers is not such that it harms the good functioning of the establishment. The time lost may be deducted from the worker’s pay unless he makes up for it with an equal amount of effective work time. When the commission is of a permanent nature, the worker or workers may return to the position they occupied, retaining all their rights, provided they return to work within six years. The substitutes will have the character of interim, considering them as permanent after six years;
To inform the union holding the collective bargaining agreement and the workers of the next lower category, of newly created positions, definitive vacancies and temporary vacancies to be filled;
Establish and support the schools mentioned in Article 123 of the Mexican Political Constitution, in accordance with the provisions of the laws and the Ministry of Public Education;
To collaborate with the Labor and Education Authorities, in accordance with the laws and regulations, in order to achieve the literacy of the workers;
When they employ more than one hundred and less than one thousand workers, to make, on their own account, the indispensable expenses to support in a decent manner the technical, industrial or practical studies, in special centers, national or foreign, of one of their workers or one of their children, designated according to their aptitudes, qualities and dedication, by the workers themselves and the employer.
When they have more than one thousand workers in their service, they must support three scholarship holders under the aforementioned conditions. The employer may only cancel the scholarship when the scholarship holder fails in the course of one year or when he/she observes misconduct; but in such cases he/she will be replaced by another. Scholarship recipients who have completed their studies must provide their services to the employer who awarded the scholarship for at least one year;
Provide training and instruction to their workers, under the terms of Chapter III Bis of this Title.
Install and operate the factories, workshops, offices, premises and other places where the work is to be performed, in accordance with the provisions established in the regulations and the official Mexican standards on safety, health and work environment, in order to prevent accidents and occupational diseases. Likewise, they must adopt the preventive and corrective measures determined by the labor authority;Section amended by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation on November 30, 2012.Bis. To have, in workplaces with more than 50 workers, adequate facilities for the access and development of activities of persons with disabilities;

Section added by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
Comply with the regulations and official Mexican standards on safety, health and work environment, as well as to have at all times the medicines and healing materials necessary to provide timely and effective first aid;
Section amended by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
Visibly post and disseminate in the places where the work is performed, the relevant provisions of the regulations and official Mexican standards on safety, health and working environment, as well as the full text of the collective bargaining agreement(s) in force in the company; likewise, information on the risks and hazards to which they are exposed must be disseminated to the workers;
Section amended by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
To provide their workers with the prophylactic medicines determined by the health authority in places where there are tropical or endemic diseases, or when there is a danger of epidemic;
1. 19 Bis. Comply with the provisions established by the competent authority in case of sanitary emergency, as well as provide their workers with the elements indicated by said authority, to prevent diseases in case of declaration of sanitary contingency;
  
  Fraction added by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
Reserve, when the fixed population of a rural work center exceeds two hundred inhabitants, a space of land not less than five thousand square meters for the establishment of public markets, buildings for municipal services and recreational centers, provided that such work center is at a distance of not less than five kilometers from the nearest town;
To provide the unions, if they so request, in rural work centers, with premises that are unoccupied so that they may install their offices, charging the corresponding rent. If there are no premises in the aforementioned conditions, any of those assigned for workers’ housing may be used for this purpose;
To make the deductions requested by the unions from the ordinary union dues, provided that it is proven that they are those provided for in Article 110, Section VI;
To make deductions of quotas for the constitution and promotion of cooperative societies and savings banks, in accordance with the provisions of Article 110, Section IV;
1. 23Bis. To make the deductions and payments corresponding to the alimony provided for in Section V of Article 110 and to collaborate for such purpose with the competent jurisdictional authority;
  
  Fraction added by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
Allow the inspection and surveillance that the labor authorities practice in their establishment to ascertain compliance with labor standards and give them the reports that are indispensable for that purpose, when requested. The employers may require the inspectors or commissioners to show them their credentials and inform them of the instructions they have; and
Contribute to the promotion of cultural activities and sports among their workers and provide them with the indispensable equipment and tools.
Make the deductions foreseen in sections IV of article 97 and VII of article 110, and pay the discounts in order of priority, first to the Instituto del Fondo Nacional para el Consumo de los Trabajadores (National Workers’ Consumer Fund Institute) and then to the other institutions. This obligation does not convert the employer into a joint and several debtor of the credit granted to the worker;
Section amended by the Decree by which various provisions of the Federal Labor Law, of the Organic Law of the Federal Judiciary, of the Federal Law of the Public Defender’s Office, of the Law of the National Workers’ Housing Fund Institute and of the Social Security Law, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019, are amended, added and repealed.
1. 27 Bis. To affiliate the work center to the Instituto del Fondo Nacional para el Consumo de los Trabajadores, so that the workers may be subject to the credit provided by such entity. The affiliation shall be free of charge for the employer;
  Fraction added by the Decree by which various provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation of November 30, 2012.
Provide pregnant women with the protection established by the regulations.
1. 27 Bis. To grant paternity leave of five working days with pay, to male workers, for the birth of their children and likewise in the case of the adoption of an infant;
  Section added by the Decree by which several provisions of the Federal Labor Law are amended, added and repealed, published in the Official Gazette of the Federation on November 30, 2012.
Participate in the integration and operation of the Commissions that must be formed in each work center, in accordance with the provisions of this Law, and
To grant leave without pay to the workers declared missing who have a Special Declaration of Absence, under the terms of the provisions of the special legislation on the matter.
Section added by the Decree issuing the Federal Law of Special Declaration of Absence for Missing Persons, and amending various provisions of the Federal Labor Law; of the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Constitution; of the Social Security Law; of the Social Security Law; of the Social Security Law; of the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Constitution; of the Social Security Law; of the Law of the Institute of Security and Social Services of State Workers #; of the General Law of Credit Instruments and Operations; of the Law of Credit Institutions and of the Agrarian Law, published in the Official Gazette of the Federation on June 22, 2018.
1. 29 Bis. grant the relevant facilities to the workers with respect to the licenses issued by the Institute as established in Article 140 Bis of the Social Security Law.
  Section XXIX Bis added by the Decree by which various provisions of the Social Security Law, the Law of the Institute of Security and Social Services of State Workers # and the Federal Labor Law are added, published in the Official Gazette of the Federation on June 4, 2019.
Deliver to its workers free of charge a printed copy of the initial collective bargaining agreement or of its revision within fifteen days after such agreement is deposited before the Federal Center for Labor Conciliation and Registration; this obligation may be evidenced by the worker’s signature of receipt;

Section added by the Decree by which various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Law of the Public Defender’s Office, the Law of the National Workers’ Housing Fund Institute and the Social Security Law are amended, added and repealed, regarding Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.
Implement, in agreement with the workers, a protocol to prevent discrimination for reasons of gender and attention to cases of violence and sexual harassment or harassment, as well as eradicate forced and child labor;
Section added by the Decree by which various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Law of the Public Defender’s Office, the Law of the National Workers’ Housing Fund Institute and the Social Security Law are amended, added and repealed, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.
Post and disseminate in the places of greatest affluence of the work center the faithful text of the call and other documents requested by the Federal Center for Labor Conciliation and Registration for the development of the consultation procedure referred to in Articles 390 Bis and 390 Ter; and

Section added by the Decree by which several provisions of the Federal Labor Law, the Organic Law of the Federal Judicial Power, the Federal Law of the Public Defender’s Office, the Law of the National Workers’ Housing Fund Institute and the Social Security Law are amended, added and repealed, regarding Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.
Post in the places of greatest affluence of the work center the notice requested by the union when the workers are consulted on the content of the initial collective bargaining agreement or the revision agreement, in terms of Articles 390 Ter and 400 Bis.

Section added by the Decree amending, adding and repealing various provisions of the Federal Labor Law, the Organic Law of the Federal Judiciary, the Federal Public Defender’s Office Law, the Law of the National Workers’ Housing Fund Institute and the Social Security Law, in matters of Labor Justice, Union Freedom and Collective Bargaining, published in the Official Gazette of the Federation on May 1, 2019.