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Article 48 Bis of the Mexican Federal Labor Law

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Article 48 Bis of the Mexican Federal Labor Law

For the purposes of Article 48 of this Law, the following shall be considered notoriously improper actions:

  1. In the case of the parties, attorneys, litigants, representatives or witnesses:
    1. Offering any personal benefit, gift or bribe to officials of the Federal Center for Labor Conciliation and Registration, Local Conciliation Centers or Courts; as well as to third parties in a labor proceeding;
    2. Altering a document signed by the worker for a different purpose to incorporate the waiver;
    3. Demanding the signing of blank papers at hiring or at any time during the labor relationship;
    4. Presenting notoriously false facts in the labor trial, by any of the parties or their representatives, regarding salary, working hours or seniority of the labor relationship;
    5. Denying access to an establishment or work center to the actuary or notifier of the labor authority, when the latter requests to carry out a notification or diligence. Likewise, refusing to receive the documents related to the notification ordered by the labor authority when it is the domicile of the corporate name or of the individual or legal entity sought. It is also considered an infringing conduct to simulate with tax certificates or official documentation of other companies, even when they have the same domicile, with the purpose of evading the summons to the pre-judicial conciliation procedure, the summons to trial or the presentation of evidence.
    6. Claiming ownership of a collective bargaining agreement without having workers affiliated to the union that works in the work center whose contract is being claimed.
  2. In the case of public servants, such actions will be considered notoriously improper:
    1. To take note of a notification stating that he/she went to the domicile where he/she was ordered to make the notification, without having gone to the domicile where he/she was ordered to make the notification;
    2. To take note of a notification or writ of summons without these having been carried out;
    3. Failure to carry out a notification within the term established by law or ordered by the labor authority;
    4. Deliberately delaying the notification of a conciliation hearing, the summons of a labor trial or any personal notification of the labor proceeding, in order to benefit any of the parties to the proceeding or to receive a benefit from any of the parties;
    5. Receiving a gift from any of the parties or interested third party;
    6. Deliberately delaying the execution of judgments and agreements that are res judicata;
    7. Admitting evidence unrelated to the dispute that delays the proceedings;
    8. Delaying an agreement or resolution more than eight days beyond the time limits established by law;
    9. Concealing files with the purpose of delaying the trial or preventing the holding of a hearing or diligence;
    10. Delay and obstruct the delivery of the certificate of representation without just cause; and
    11. Unjustifiably refusing to receive a notification from a Conciliation Center or a Court, or obstructing its execution, in which case the corresponding Internal Control Organ must be notified, regardless of the sanctions established in this Law.

The conduct is considered serious if the delay is the result of omissions or irregular conduct of public servants; in these cases, in addition to the penalties applicable pursuant to the General Law of Administrative Responsibilities, a fine of 100 to 1000 times the Unit of Measurement and Actualization shall be imposed on those responsible, and the Public Prosecutor’s Office shall be notified for the possible commission of crimes against the administration of justice.

Article added by the Decree amending, adding, and repealing several 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.