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MEXICAN LABOR LAW
New Law published in the Official Gazette of the Federation on April 1, 1970.
CURRENT TEXT
Last reform published 27-12-2022
|
Note: The addition of section IV to Article 337 , published by Decree DOF 01-05-2019 , will enter into force in accordance with the provisions of the Twenty-Fifth Transitory Article of said Decree. |
FEDERAL LABOR LAW
TITLE ONE
General Principles
Article 1.- The present Law is of general observance throughout the Republic and governs the labor relations included in Article 123, Section A, of the Mexican Constitution.
Article 2.- Labor standards tend to achieve a balance between the factors of production and social justice, as well as to promote decent work in all labor relations.
Decent work is defined as work in which the human dignity of the worker is fully respected; there is no discrimination based on ethnic or national origin, gender, age, disability, social status, health conditions, religion, migratory status, opinions, sexual preferences or marital status; there is access to social security and a remunerative salary; continuous training is provided to increase productivity with shared benefits; and there are optimal safety and hygiene conditions to prevent occupational hazards.
Decent work also includes unrestricted respect for the collective rights of workers, such as freedom of association, autonomy, the right to strike and collective bargaining.
The substantive or de facto equality of male and female workers vis-à-vis the employer is protected.
Substantive equality is achieved by eliminating discrimination against women that impairs or nullifies the recognition, enjoyment or exercise of their human rights and fundamental freedoms in the workplace. It implies access to the same opportunities, taking into account the biological, social and cultural differences between women and men.
Article amended DOF 30-11-2012
Article 3o .- Work is a right and a social duty. It is not an article of commerce, and demands respect for the freedoms and dignity of those who perform it, as well as the recognition of the differences between men and women in order to obtain their equality before the law. It must be carried out in conditions that ensure a dignified life and health for workers and their dependents.
Amended paragraph DOF 01-05-2019
Conditions that imply discrimination among workers based on ethnic or national origin, gender, age, disability, social status, health conditions, religion, immigration status, opinions, sexual preferences, marital status or any other condition that violates human dignity may not be established.
Distinctions, exclusions or preferences based on the particular qualifications required for a specific job shall not be considered discriminatory.
It is of social interest to guarantee a work environment free of discrimination and violence, to promote and oversee training, education, training for and on the job, certification of labor competencies, productivity and quality at work, environmental sustainability, as well as the benefits that these should generate for both workers and employers.
Amended paragraph DOF 01-05-2019
Article amended DOF 28-04-1978, 30-11-2012
Article 3o. Bis .- For the purposes of this Law, the following definitions shall apply:
a ) Harassment, the exercise of power in a relationship of real subordination of the victim to the aggressor in the workplace, which is expressed in verbal or physical conduct, or both.
b ) Sexual harassment, a form of violence in which, although there is no subordination, there is an abusive exercise of power that leads to a state of defenselessness and risk for the victim, regardless of whether it takes place in one or several events.
Article added DOF 30-11-2012
Article 3o. Ter .- For the purposes of this Law, the following definitions shall apply:
I. Conciliating Authority: The Federal Center for Conciliation and Labor Registration or the Conciliation Centers of the federal entities, as applicable;
II. Registration Authority: The Federal Center for Labor Conciliation and Registration;
III. Conciliation Centers: The Conciliation Centers of the federative entities or the Federal Center for Labor Conciliation and Registration, as applicable;
IV. Constitution: The Political Constitution of the United Mexican States;
V. Day: Means business day, unless expressly mentioned as calendar days;
VI. Tribunal: The labor judge, and
VII. To serve: to make any document or documents available to any of the parties at the premises of the Tribunal, except in the cases provided for in this Law.
Article added DOF 01-05-2019
Article 4o .- No person may be prevented from working or engaging in the profession, industry or trade that suits him, being lawful. The exercise of these rights may only be prohibited by resolution of the competent authority when the rights of third parties are attacked or those of society are offended:
I . Third party rights are attacked in the cases provided for in the laws and in the following:
a) When a worker who claims reinstatement in his employment is replaced or definitively replaced without the case having been resolved by the Tribunal.
Subsection amended DOF 30-11-2012, 01-05-2019
b ) When the right to occupy the same position is denied to a worker who has been separated from work due to illness or force majeure, or on leave, when reporting back to work; and
II . The rights of society are offended in the cases provided for in the laws and in the following:
a ) When, once a strike has been declared under the terms established by this Law, an attempt is made to replace or substitute the strikers in the work they perform, without having resolved the conflict that gave rise to the strike, except as provided in Article 468.
b ) When a strike has been declared on equal terms of lawfulness by the majority of the workers of a company, and the minority intends to resume work or continue working.
Article 5o .- The provisions of this Law are of public order and therefore, the stipulation that it establishes shall not produce legal effect, nor shall it prevent the enjoyment and exercise of rights, whether written or verbal:
I. Jobs for adolescents under fifteen years of age;
Reformed fraction DOF 12-06-2015, 02-07-2019
II . A longer working day than the one allowed by this Law;
III. An inhumane workday because it is notoriously excessive, given the nature of the work, in the opinion of the Tribunal;
Reformed fraction DOF 01-05-2019
IV . Overtime work hours for minors under eighteen years of age;
Reformed fraction DOF 31-12-1974, 12-06-2015
V . A salary lower than the minimum wage;
VI. A salary that is not remunerative, in the judgment of the Tribunal;
Reformed fraction DOF 01-05-2019
VII . A term longer than one week for the payment of wages to laborers and farm workers;
Section amended DOF 30-11-2012
VIII . A place of recreation, inn, canteen, café, tavern, tavern or store, for the payment of wages, provided that they are not workers of such establishments;
IX . The direct or indirect obligation to obtain articles of consumption in a specific store or place;
X . The employer's right to withhold wages as a fine;
XI . A wage lower than that paid to another worker in the same company or establishment for work of equal efficiency, in the same kind of work or equal working day, for consideration of age, sex or nationality;
XII . Industrial night work or work after twenty-two hours, for minors under sixteen years of age; and
Reformed fraction DOF 31-12-1974
XIII . Renunciation by the employee of any of the rights or prerogatives set forth in the labor standards.
XIV. Conceal an employment relationship with simulated legal acts to avoid compliance with labor and/or social security obligations; and
Section added DOF 01-05-2019
XV. Register a worker with a salary lower than the one actually received.
Section added DOF 01-05-2019
In all these cases, it shall be understood that the Law or the supplementary rules shall apply instead of the null clauses.
Article 6o .- The respective laws and treaties entered into and approved under the terms of Article 133 of the Constitution shall be applicable to labor relations in everything that benefits the worker, as of the effective date.
Article 7o - In every enterprise or establishment, the employer must employ at least ninety percent of Mexican workers. In the categories of technicians and professionals, the workers must be Mexican, unless there are none in a specific specialty, in which case the employer may temporarily employ foreign workers, in a proportion not exceeding ten percent of those in the specialty. The employer and the foreign workers will have the joint obligation to train Mexican workers in the specialty in question. The doctors in the service of the companies must be Mexican.
The provisions of this article are not applicable to directors, administrators and general managers.
Article 8o .- Worker is the natural person who renders to another, whether natural or legal, a subordinate personal work.
For the purposes of this provision, work is understood as any human, intellectual or material activity, regardless of the degree of technical preparation required by each profession or trade.
Article 9o - The category of employee in a position of trust depends on the nature of the functions performed and not on the designation given to the position.
Functions of trust are those of management, inspection, supervision and oversight, when they are of a general nature, and those related to the employer's personal work within the company or establishment.
Article 10 - Employer is the individual or legal entity that uses the services of one or more workers.
If the worker, in accordance with the agreement or custom, uses the services of other workers, the employer of the former shall also be the employer of the latter.
Article 11 - The directors, administrators, managers and other persons who perform management or administrative functions in the company or establishment shall be considered representatives of the employer and as such shall bind the employer in their relations with the workers.
Article 12 - The subcontracting of personnel is prohibited, understood as when an individual or legal entity provides or makes available its own workers for the benefit of another.
Employment agencies or intermediaries that intervene in the personnel hiring process may participate in the recruitment, selection, training and education, among others. They will not be considered employers, since this character is held by the person who benefits from the services.
Article amended DOF 23-04-2021
Article 13 - The subcontracting of specialized services or the execution of specialized works that are not part of the corporate purpose or the predominant economic activity of the beneficiary thereof is permitted, provided that the contractor is registered in the public registry referred to in Article 15 of this Law.
Complementary or shared services or works rendered between companies of the same business group will also be considered as specialized as long as they do not form part of the corporate purpose or the predominant economic activity of the company that receives them. A corporate group shall be understood as established in Article 2, Section X of the Securities Market Law.
Erratum to the article DOF 30-04-1970. Amended DOF 23-04-2021
Article 14 - The subcontracting of specialized services or the execution of specialized works must be formalized by means of a written contract indicating the object of the services to be provided or the works to be executed, as well as the approximate number of workers that will participate in the performance of such contract.
The individual or legal entity that subcontracts specialized services or the execution of specialized works with a contractor that fails to comply with the obligations deriving from the relations with its workers, will be jointly and severally liable in relation to the workers used for such contracting.
Article amended DOF 23-04-2021
Article 15 - Individuals or legal entities that provide subcontracting services must be registered with the Ministry of Labor and Social Welfare. In order to obtain the registration, they must prove that they are up to date with their tax and social security obligations.
The registration referred to in this article must be renewed every three years.
The Ministry of Labor and Social Welfare must issue a decision regarding the application for registration within twenty days after receipt thereof, otherwise the applicants may request it to issue the corresponding resolution within three days following the filing of the request. Once said term has elapsed without the notification of the resolution, the registration will be considered to have been effected for the legal effects to which it gives rise.
The Ministry of Labor and Social Welfare will deny or cancel at any time the registration of those individuals or legal entities that do not comply with the requirements set forth in this Law.
Individuals or legal entities that obtain the registration referred to in this article shall be registered in a register, which must be public and available on an Internet portal.
The Secretary of Labor and Social Welfare shall issue the general provisions that determine the procedures related to the registration referred to in this article.
Article reformed DOF 21-01-1988, 23-04-2021
Article 15-A . Repealed.
Article added DOF 30-11-2012. Repealed DOF 23-04-2021
Article 15-B . Repealed.
Article added DOF 30-11-2012. Repealed DOF 23-04-2021
Article 15-C . Repealed.
Article added DOF 30-11-2012. Repealed DOF 23-04-2021
Article 15-D . Repealed.
Article added DOF 30-11-2012. Repealed DOF 23-04-2021
Article 16 - For the purposes of the labor standards, an enterprise is understood to be the economic unit of production or distribution of goods or services, and an establishment is understood to be the technical unit that, as a branch, agency or other similar form, is an integral part and contributes to the achievement of the purposes of the enterprise.
Article 17 - In the absence of express provisions in the Constitution, in this Law or in its Regulations, or in the treaties referred to in Article 6, the provisions that regulate similar cases, the general principles derived from said laws, the general principles of law, the general principles of social justice derived from Article 123 of the Constitution, jurisprudence, custom and equity shall be taken into consideration.
Article 18 - In the interpretation of labor regulations, the purposes indicated in Articles 2 and 3 shall be taken into consideration. In case of doubt, the interpretation most favorable to the worker shall prevail.
Article 19 - All acts and actions related to the application of labor regulations shall not cause any tax.
TITLE TWO
Individual Labor Relations
CHAPTER I
General Provisions
Article 20 - An employment relationship is understood to be, whatever the act that gives rise to it, the rendering of subordinate personal work to a person, through the payment of a salary.
An individual employment contract, regardless of its form or denomination, is a contract by virtue of which a person undertakes to provide subordinate personal work to another person, in exchange for the payment of a salary.
The provision of work referred to in the first paragraph and the contract concluded have the same effects.
Article 21 - The existence of the contract and of the employment relationship between the person who provides personal work and the person who receives it is presumed.
Article 22 . Those over fifteen years of age may freely render their services with the limitations established in this Law.
Those older than fifteen and younger than sixteen need authorization from their parents or guardians and in their absence, from the union to which they belong, from the Court, from the Labor Inspector or from the Political Authority.
Amended paragraph DOF 01-05-2019
The minor workers must receive payment of their salaries and exercise, if applicable, the actions to which they are entitled.
Article amended DOF 12-06-2015
Article 22 Bis . The work of minors under fifteen years of age is prohibited; the work of persons over this age and under eighteen years of age who have not completed their compulsory basic education may not be used, except in cases approved by the corresponding labor authority in which, in its judgment, there is compatibility between studies and work.
Article added DOF 30-11-2012. Amended DOF 12-06-2015
Article 23 . When the labor authorities detect a minor under fifteen years of age working outside the family circle, they will order him/her to immediately cease working. The employer who incurs in this conduct will be sanctioned with the penalty established in Article 995 Bis of this Law.
In the event that the minor is not earning the salary received by a worker rendering the same services, the employer must compensate the differences.
It is forbidden for minors under eighteen years of age to work within the family circle in any type of activity that is dangerous to their health, safety or morality, or that affects the exercise of their rights and, thus, their integral development.
Family circle shall be understood as the relatives of the minor, by blood, ascendants or collaterals; up to the second degree.
When minors under eighteen years of age carry out any productive activity for self-consumption, under the direction of members of their family circle or guardians, these shall have the obligation to respect and protect the human rights of minors and provide the necessary support and facilities for them to complete, at least, their compulsory basic education.
Article amended DOF 12-06-2015
Article 24 - Working conditions must be recorded in writing when there are no applicable collective bargaining agreements. At least two copies shall be made, one of which shall be kept by each party.
Article 25 - The document containing the working conditions shall contain:
I . Name, nationality, age, sex, marital status, Unique Population Registry Code, Federal Taxpayers Registry and address of the worker and the employer;
Section amended DOF 30-11-2012
II . Whether the employment relationship is for a specific work or time, seasonal, initial training or indefinite period and, if applicable, whether it is subject to a probationary period;
Section amended DOF 30-11-2012
III . The service or services to be rendered, which shall be determined as precisely as possible;
IV . The place or places where the work is to be performed;
Reformed fraction DOF 30-11-2012
V . The length of the working day;
VI . The form and amount of the salary;
VII . The day and place of payment of the salary;
VIII . The indication that the worker will be trained in the terms of the plans and programs established or to be established in the company, in accordance with the provisions of this Law; and
Section added DOF 28-04-1978
IX . Other working conditions, such as rest days, vacations and others agreed upon by the employee and the employer.
Section amended DOF 28-04-1978
X. The designation of beneficiaries referred to in Article 501 of this law, for the payment of salaries and benefits accrued and not collected upon the death of the workers or those generated by their death or disappearance derived from a criminal act.
Fraction added DOF 01-05-2019
Article 26 - The lack of the writing referred to in Articles 24 and 25 does not deprive the worker of the rights deriving from the work rules and the services rendered, since the employer shall be charged with the lack of this formality.
Article 27 - If the service or services to be rendered have not been determined, the worker shall be obliged to perform the work that is compatible with his strength, aptitudes, state or condition and that is of the same type of those that form the object of the company or establishment.
Article 28 - In the rendering of services of Mexican workers outside the Republic, hired in Mexican territory and whose employment contract is governed by this Law, the following shall be observed:
I. The terms and conditions of employment shall be in writing and shall contain, in addition to the provisions of Article 25 of this Law, the following:
a) Indicate that repatriation expenses are to be borne by the contracting employer;
b) The conditions of decent and hygienic housing to be enjoyed by the worker, through leasing or any other form;
c) The form and conditions under which the worker and his family, if any, will be provided with the corresponding medical care; and
d) The mechanisms to inform the employee about the Mexican consular and diplomatic authorities to which he/she may resort abroad and the competent authorities of the country where the services will be rendered, when the employee considers that his/her rights have been undermined, in order to exercise the appropriate legal action;
II. The employer shall indicate in the employment contract domicile within the Republic for all legal purposes;
III. The employment contract shall be submitted to the Federal Center for Labor Conciliation and Registration for approval, which, after verifying that it complies with the provisions referred to in sections I and II of this article, shall approve it.
In the event that the employer does not have a permanent establishment and tax domicile or commercial representation in Mexican territory, the Federal Center for Labor Conciliation and Registration will establish the amount of a bond or deposit to guarantee compliance with the obligations contracted. The employer must prove before said Center the granting of the bond or the constitution of the deposit;
Reformed fraction DOF 01-05-2019
IV. The employee and the employer shall attach to the employment contract the work visa or work permit issued by the consular or immigration authorities of the country where the services are to be rendered; and
V. Once the employer proves before the Federal Center for Labor Conciliation and Registration that it has complied with the obligations contracted, the cancellation of the bond or the return of the deposit determined by the bond will be ordered.
Reformed fraction DOF 01-05-2019
Article amended DOF 02-07-1976, 30-11-2012
Article 28-A . In the case of Mexican workers recruited and selected in Mexico, for a specific employment abroad for a fixed term, through mechanisms agreed upon by the Mexican government with a foreign government, the provisions of such agreement shall be complied with, which shall at all times safeguard the rights of the workers, in accordance with the following bases:
I . The general working conditions for Mexicans in the receiving country shall be dignified and equal to those granted to workers in that country;
II . Upon issuance of the visa or work permit by the consular or immigration authority of the country where the service will be rendered, it shall be understood that such authority has knowledge that an employment relationship will be established between the worker and a specific employer;
III . The conditions for repatriation, housing, social security and other benefits shall be determined in the agreement;
IV . Recruitment and selection shall be organized by the Ministry of Labor and Social Welfare, through the National Employment Service, in coordination with the state and municipal authorities; and
V . It shall contain mechanisms to inform the employee about the Mexican consular and diplomatic authorities to which he/she may resort abroad and the competent authorities of the country where the services will be rendered, when the employee considers that his/her rights have been undermined, in order to exercise the appropriate legal action.
Article added DOF 30-11-2012
Article 28-B . In the case of Mexican workers recruited and selected in Mexico, for a specific job abroad for a fixed term, who are placed by private entities, the following rules shall be observed:
I. Worker placement agencies shall be duly authorized and registered, as applicable, in accordance with the provisions of the applicable legal provisions;
II. Worker placement agencies shall make sure that:
a) The truthfulness of the general working conditions offered, as well as those related to housing, social security and repatriation to which the workers will be subject. Said conditions must be dignified and not imply discrimination of any kind; and
b) That the applicants have completed the procedures for the issuance of a visa or work permit by the consular or immigration authority of the country where the service will be rendered;
III. The placement agencies shall inform the workers about the consular protection to which they are entitled and the location of the Mexican Embassy or consulates in the corresponding country, as well as the competent authorities to which they may turn to enforce their rights in the country of destination.
In cases where workers have been misled as to the working conditions offered, the labor recruitment agencies shall be responsible for covering the respective repatriation costs.
The Federal Labor Inspection shall monitor compliance with the obligations contained in this article.
Article added DOF 30-11-2012
Article 29 .- The use of minors under eighteen years of age for the provision of services outside the Republic is prohibited, except in the case of technicians, professionals, artists, athletes and, in general, specialized workers.
Article 30 - The rendering of services within the Republic, but in a place different from the worker's habitual residence and at a distance of more than one hundred kilometers, shall be governed by the provisions contained in Article 28, Section I, as applicable.
Article 31 .- Contracts and labor relations are bound to what has been expressly agreed and to the consequences that are in accordance with labor standards, good faith and equity.
Article 32 .- The non-compliance of the work rules with respect to the worker only gives rise to his civil liability, and in no case may his person be coerced.
Article 33 - The waiver made by the workers of the accrued salaries, indemnities and other benefits derived from the services rendered, whatever the form or denomination given to it, is null and void.
Any agreement or settlement, in order to be valid, must be made in writing and contain a detailed account of the facts that motivate it and of the rights included therein. It shall be ratified before the Conciliation Centers or the Court, as the case may be, which shall approve it provided that it does not contain a waiver of the workers' rights.
When the agreement is entered into without the intervention of the authorities, the nullity may be claimed before the Court only of that which contains a waiver of the rights of the workers, while the rest of the clauses agreed upon shall remain valid.
Article amended DOF 01-05-2019
Article 34 - In agreements entered into between unions and employers that may affect workers' rights, the following rules shall be observed:
I . They shall apply only to the future, and therefore may not affect benefits already accrued;
II . May not refer to individually determined workers; and
III . In the case of a reduction of the work, the readjustment shall be made in accordance with the provisions of Article 437.
CHAPTER II
Duration of employment relationships
Article 35 . Employment relationships may be for a specific work or time, seasonal or indefinite term, and may be subject to probation or initial training. In the absence of express stipulations, the relationship shall be for an indefinite term.
Article amended DOF 30-11-2012
Article 36 - The designation of a specific work may only be stipulated when its nature so requires.
Article 37 - The fixing of a specific time may only be stipulated in the following cases:
I. When required by the nature of the work to be performed;
II. When its purpose is to temporarily replace another worker; and
III. In other cases provided for by this Law.
Article 38 - Labor relations for the exploitation of mines lacking affordable minerals or for the restoration of abandoned or paralyzed mines, may be for a determined time or work or for the investment of determined capital.
Article 39 - If upon expiration of the term established the subject matter of the work subsists, the relationship shall be extended for as long as such circumstance persists.
Article 39-A . In employment relationships for an indefinite period of time or when they exceed one hundred and eighty days, a trial period may be established, which may not exceed thirty days, for the sole purpose of verifying that the worker meets the requirements and knowledge necessary to perform the work requested.
The trial period referred to in the preceding paragraph may be extended up to 180 days, only in the case of workers for management positions, managerial positions and other persons who perform management or administrative functions in the company or establishment of a general nature or to perform specialized technical or professional work.
During the probationary period the employee will enjoy the salary, the social security guarantee and the benefits of the category or position he/she performs. At the end of the probationary period, if the employee does not prove that he/she satisfies the requirements and knowledge necessary to perform the work, in the judgment of the employer, taking into account the opinion of the Joint Commission for Productivity, Training and Training under the terms of this Law, as well as the nature of the category or position, the employment relationship will be terminated, without liability for the employer.
Article added DOF 30-11-2012
Article 39-B . An employment relationship for initial training is understood to be that by virtue of which a worker is obligated to render subordinate services, under the direction and command of the employer, for the purpose of acquiring the knowledge or skills necessary for the activity for which he/she is to be hired.
The term of the employment relationship referred to in the preceding paragraph will have a maximum duration of three months or, as the case may be, up to six months only in the case of workers for management positions, managerial positions and other persons who perform management or administrative functions in the company or establishment of a general nature or to perform work that requires specialized professional knowledge. During this time the worker will enjoy the salary, the social security guarantee and the benefits of the category or position held. At the end of the initial training, if the employee does not demonstrate competence, in the judgment of the employer, taking into account the opinion of the Joint Commission for Productivity, Training and Education under the terms of this Law, as well as the nature of the category or position, the employment relationship will be terminated, without liability for the employer.
Article added DOF 30-11-2012
Article 39-C . The employment relationship with a trial or initial training period shall be recorded in writing, guaranteeing the employee's social security; otherwise it shall be understood to be for an indefinite period of time, and the employee's social security rights shall be guaranteed.
Article added DOF 30-11-2012
Article 39-D . Probationary and initial training periods are non-extendable.
Within the same company or establishment, trial or initial training periods may not be applied to the same employee simultaneously or successively, nor on more than one occasion, nor in the case of different jobs or promotions, even when the employment relationship is terminated and another one arises with the same employer, in order to guarantee the employee's social security rights.
Article added DOF 30-11-2012
Article 39-E . When the probationary or initial training periods end and the employment relationship subsists, it shall be considered for an indefinite period of time and the time of validity of such periods shall be computed for the purposes of calculating seniority.
Article added DOF 30-11-2012
Article 39-F . Employment relationships for an indefinite term shall be continuous as a general rule, but may be agreed for discontinuous work when the services required are for fixed and periodic work of a discontinuous nature, in cases of seasonal activities or activities that do not require the rendering of services for the entire week, month or year.
Employees rendering services under this modality have the same rights and obligations as those of permanent employees, in proportion to the time worked in each period.
Article added DOF 30-11-2012
Article 40 - In no case shall workers be obligated to render their services for more than one year.
Article 41 - The substitution of an employer shall not affect the labor relations of the company or establishment. The substituted employer shall be jointly and severally liable with the new employer for the obligations derived from the labor relations and from the Law, arising prior to the date of the substitution, for a term of six months; once this term has expired, only the liability of the new employer shall subsist.
The six-month term referred to in the preceding paragraph shall be counted from the date on which notice of the substitution was given to the union or to the workers.
In order for the employer substitution to take effect, the assets of the company or establishment must be transferred to the substitute employer.
Paragraph added DOF 23-04-2021
CHAPTER III
Suspension of the effects of employment relationships
Article 42 .- Causes for temporary suspension of the obligations to render the service and pay the salary, without liability for the employee and the employer:
I . The worker's contagious disease;
II . Temporary disability caused by an accident or illness that does not constitute an occupational hazard;
III . The preventive imprisonment of the employee followed by a judgment of acquittal. If the employee acted in defense of the person or interests of the employer, the latter will have the obligation to pay the wages that the former would have stopped receiving;
IV . The arrest of the worker;
V . The fulfillment of the services and the performance of the duties mentioned in Article 5 of the Constitution, and of the obligations set forth in Article 31, Section III of the same Constitution;
VI. The designation of workers as representatives before state agencies, the National Minimum Wage Commission, the National Commission for the Participation of Workers in the Profits of Companies and other similar bodies;
Reformed fraction DOF 21-01-1988, 30-11-2012, 01-05-2019
VII. Lack (sic DOF 04-06-2019) of the documents required by the Laws and regulations, necessary for the rendering of the service, when it is attributable to the worker;
Reformed fraction DOF 30-11-2012, 04-06-2019
VIII. The conclusion of the season in the case of workers contracted under this modality, and
Section added DOF 30-11-2012. Amended DOF 04-06-2019
IX. The license referred to in Article 140 Bis of the Social Security Law.
Fraction added DOF 04-06-2019
Article 42 Bis . In cases in which the competent authorities issue a declaration of sanitary contingency, in accordance with the applicable provisions, which implies the suspension of work, the provisions of Article 429, Section IV of this Law shall apply.
Article added DOF 30-11-2012
Article 43 . The suspension referred to in Article 42 shall take effect:
Amended paragraph DOF 30-11-2012
I . In the cases of sections I and II of the preceding article, from the date on which the employer becomes aware of the contagious disease or the date on which the incapacity for work occurs, until the end of the period established by the Mexican Social Security Institute or before if the incapacity for work disappears, without the suspension exceeding the term established in the Social Security Law for the treatment of diseases that are not the result of an occupational hazard;
II . In the case of fractions III and IV, from the moment the employee proves that he/she is detained at the disposal of the judicial or administrative authority, until the date on which the sentence that acquits him/her or terminates the arrest becomes enforceable. If he is provisionally released, he must report to work within fifteen days following his release, unless he is being prosecuted for intentional crimes against the employer or his co-workers;
Section amended DOF 30-11-2012
III . In the cases of sections V and VI, from the date on which the services are to be rendered or the positions are to be held, for a period of up to six years;
Section amended DOF 30-11-2012
IV . In the case of section VII, from the date on which the employer becomes aware of the fact, for a period of up to two months; and
Section amended DOF 30-11-2012
V . In the case of fraction VIII, from the date of conclusion of the season until the beginning of the following season.
Section added DOF 30-11-2012
Article 44 - When workers are called to enlist and serve in the National Guard, in accordance with the provisions of Article 31, Section III, of the Constitution, the time of service shall be taken into consideration to determine their seniority.
Article 45 - The worker shall return to work:
I . In the cases of sections I, II, IV and VII of article 42, on the day following the date on which the cause for the suspension ends; and
II . In the cases of sections III, V and VI of article 42, within fifteen days following the termination of the cause of suspension.
CHAPTER IV
Termination of employment relationships
Article 46 - The employee or the employer may terminate the employment relationship at any time, for just cause, without incurring liability.
Article 47 - The following are causes for termination of the employment relationship, without liability for the employer:
I . Misleading the employee or, as the case may be, the union that proposed or recommended him/her with false certificates or references in which the employee's capacity, aptitudes or faculties are attributed to him/her that he/she lacks. This cause for termination shall cease to have effect after thirty days of rendering services to the employee;
II . The employee, during his work, incurs in breaches of probity or honesty, in acts of violence, threats, insults or bad treatment against the employer, his family members or the management or administrative personnel of the company or establishment, or against clients and suppliers of the employer, except when provoked or when acting in self-defense;
Reformed fraction DOF 30-11-2012
III . The employee commits any of the acts listed in the preceding section against any of his co-workers, if as a consequence of such acts the discipline of the place where the work is performed is disturbed;
IV . The employee commits, outside the service, against the employer, his family members or administrative management personnel, any of the acts referred to in section II, if they are so serious that they make it impossible to comply with the employment relationship;
V . Intentionally causing material damages to buildings, works, machinery, instruments, raw materials and other objects related to the work during the performance of the work or in connection therewith;
VI . Causing the employee the damages referred to in the preceding section, provided that they are serious, without malice, but with such negligence that it is the sole cause of the damage;
VII . Compromising the worker, by his imprudence or inexcusable carelessness, the safety of the establishment or of the persons who are in it;
VIII . Committing immoral acts or acts of harassment and/or sexual harassment against any person in the establishment or workplace;
Reformed fraction DOF 30-11-2012
IX . Revealing trade secrets or disclosing matters of a reserved nature, to the detriment of the company;
X . The employee has more than three absences in a period of thirty days, without permission from the employer or without a justified cause;
XI . Disobeying the employer or his representatives, without just cause, as long as the work is contracted;
XII . Refusal of the worker to adopt the preventive measures or to follow the procedures indicated to avoid accidents or illnesses;
XIII . Attending work in a state of drunkenness or under the influence of any narcotic or enervating drug, unless, in the latter case, there is a doctor's prescription. Before starting work, the employee must inform the employer of the fact and present the prescription signed by the physician;
XIV . The enforceable sentence that imposes a prison sentence on the employee, which prevents him/her from complying with the work relationship;
Section amended DOF 30-11-2012
XIV Bis. The lack of documents required by the laws and regulations, necessary for the rendering of the service when it is attributable to the employee and that exceeds the period referred to in section IV of Article 43; and
Section added DOF 30-11-2012
XV . Those analogous to those established in the previous fractions, equally serious and with similar consequences as far as work is concerned.
The employer who terminates an employee must give the employee written notice clearly stating the conduct or conducts that motivate the termination and the date or dates on which they were committed.
Amended paragraph DOF 30-11-2012
The notice must be delivered personally to the employee at the moment of dismissal or, alternatively, it must be communicated to the competent court within the following five working days, in which case the last registered address of the employee must be provided so that the authority may notify the employee personally.
Paragraph added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019.
The statute of limitations to exercise the actions derived from the dismissal will not begin to run until the employee personally receives the notice of termination.
Paragraph added DOF 30-11-2012
Failure to give notice to the employee personally or through the Court, by itself, shall presume the dismissal to be unjustified, unless there is evidence to the contrary to prove that the dismissal was justified.
Paragraph added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019.
Article 48 - The employee may request before the Conciliating Authority, or before the Court if there is no conciliatory settlement, to be reinstated in the work he/she performed, or to be compensated with the amount of three months' salary, at the rate corresponding to the date on which the payment is made, previously observing the provisions relating to the conciliation procedure provided for in Article 684-A and subsequent articles.
Amended paragraph DOF 01-05-2019
If in the corresponding lawsuit the employer does not prove the cause of the termination, the employee will also have the right, regardless of the action attempted, to be paid the accrued wages computed from the date of dismissal up to a maximum period of twelve months, in terms of the provisions of the last part of the preceding paragraph.
If at the end of the term indicated in the preceding paragraph the proceeding has not been concluded or the judgment has not been complied with, the worker will also be paid the interest generated on the amount of fifteen months' salary, at the rate of two percent per month, capitalizable at the time of payment. The provisions of this paragraph shall not apply to the payment of other types of indemnities or benefits.
Amended paragraph DOF 01-05-2019
In the event of death of the employee, the wages due as part of the conflict shall cease to be computed as of the date of death.
Lawyers, litigants or representatives who promote actions, exceptions, incidents, proceedings, offering of evidence, appeals and, in general, any action in a notoriously improper manner, with the purpose of prolonging, delaying or hindering the substantiation or resolution of a labor trial, shall be fined from 100 to 1000 times the Unidad de Medida y Actual (Unit of Measurement and Actualization).
Amended paragraph DOF 01-05-2019
If the delay is the result of omissions or irregular conduct of public servants, the applicable sanction will be suspension for up to ninety days without payment of salary and in case of recidivism, removal from office, under the terms of the applicable provisions. In addition, in the latter case, the Public Prosecutor's Office will be notified in order to investigate the possible commission of crimes against the administration of justice.
Public servants of the Federal Center for Conciliation and Labor Registration when they delay, obstruct or influence the procedure of union registrations and collective bargaining agreements and internal labor regulations in favor or against one of the parties, as well as in the granting of the certificate of representativeness without just cause, will be fined from 100 to 1000 times the Unit of Measurement and Actualization. Regarding the public servants of the local Conciliation Centers, they will be sanctioned in the same terms, when in the performance of their conciliatory function they incur in these conducts.
Paragraph added DOF 01-05-2019
Article amended DOF 30-11-2012
Article 48 Bis .- For the purposes of Article 48 of this Law, the following shall be considered notoriously improper actions:
I. In the case of the parties, attorneys, litigants, representatives or witnesses:
a) 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;
b) Altering a document signed by the employee for a different purpose to incorporate the waiver;
c) Demanding the signing of blank papers at the time of hiring or at any time during the employment relationship;
d) Presentation of notoriously false facts in the labor trial, by any of the parties or their representatives, regarding salary, working hours or seniority of the work relationship;
e) Deny 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.
f) Claiming ownership of a collective bargaining agreement without having workers affiliated to the union working in the work center whose contract is being claimed.
II. In the case of public servants, actions will be considered notoriously improper:
a) 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;
b) To take note of a notification or summons without these having been carried out;
c) Failure to give notice within the period established by law or ordered by the labor authority;
d) Deliberately delaying the notification of a conciliation hearing, the summons of a labor lawsuit 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;
e) Receiving a gift from any of the parties or interested third parties;
f) Deliberately delaying the execution of judgments and agreements that are res judicata;
g) Admitting evidence not related to the case that delays the proceeding;
h) Delaying an agreement or resolution more than eight days beyond the deadlines established by law;
i) Concealing files with the purpose of delaying the trial or preventing the holding of a hearing or proceeding;
j) Delaying and obstructing the delivery of the certificate of representativeness without just cause, and
k) Unjustifiably refusing to receive a notification from a Conciliation Center or a Court, or hindering its execution, in which case the corresponding Internal Control Body 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 by public servants; in these cases, in addition to the penalties applicable under the General Law of Administrative Responsibilities, a fine of 100 to 1000 times the Unit of Measurement and Actualization will be imposed on those responsible, and the Public Prosecutor's Office will be notified for the possible commission of crimes against the administration of justice.
Article added DOF 01-05-2019
Article 49 .- The employer shall be exempted from the obligation to reinstate the worker, through the payment of the indemnities determined in Article 50 in the following cases:
Amended paragraph DOF 02-07-2019
I . In the case of workers with less than one year of seniority;
II. If it proves before the Court that the employee, by reason of the work he/she performs or due to the characteristics of his/her work, is in direct and permanent contact with him/her and the Court considers, taking into consideration the circumstances of the case, that the normal development of the work relationship is not possible;
Reformed fraction DOF 01-05-2019
III . In the case of workers in positions of trust;
IV. In household work, and
Reformed fraction DOF 01-05-2019, 02-07-2019
V . In the case of temporary workers.
In order to exercise this right, the employer may go to the Court through the paraprocedural proceeding contemplated in Article 982 of this Law to deposit the indemnity referred to in Article 50 of this Law. For such purpose, the employer shall provide the Court with the information related to the name and domicile of the employee, so that he/she may be notified of such paraproceeding, and must state under oath that in the case any of the hypotheses contemplated in this article is present. With the written statement and breakdown of the amount of the indemnity, the Court will send it to the employee for his knowledge.
Paragraph added DOF 01-05-2019
If the employee does not agree with the origin or the terms of the indemnity, the employee will have the right to sue in court for the corresponding action; if in the trial it is resolved that the employee is not in any of the hypotheses of this article, the deposit of the indemnity will not have any effect and the Court will dispose of the money deposited to execute its sentence. If in such trial the Court resolves that any of the hypotheses contemplated in this article are met, but the amount deposited is insufficient to pay the indemnity, the Court will order the employer to pay the corresponding differences and interest.
Paragraph added DOF 01-05-2019
Article 50 - The indemnities referred to in the preceding article shall consist of:
I . If the employment relationship is for a fixed term of less than one year, in an amount equal to the amount of the salaries of half of the time of services rendered; if it exceeds one year, in an amount equal to the amount of the salaries of six months for the first year and of twenty days for each of the following years in which he has rendered his services;
II . If the employment relationship is for an indefinite period of time, the indemnity shall consist of twenty days of salary for each of the years of services rendered; and
III . In addition to the indemnities referred to in the preceding sections, in the amount of three months' salary and the payment of overdue wages and interest, if any, under the terms provided in Article 48 of this Law.
Section amended DOF 30-11-2012
Article 51 - The following are causes for termination of the employment relationship, without liability for the employee:
I . The employer or, as the case may be, the employer's group when proposing the work, deceives him/her with respect to the conditions thereof. This cause for termination shall cease to have effect after thirty days of rendering services to the employee;
II . The employer, his family members or any of his representatives, within the service, in acts of dishonesty or honesty, acts of violence, threats, insults, harassment and/or sexual harassment, bad treatment or other similar acts, against the employee, spouse, parents, children or siblings;
Section amended DOF 30-11-2012
III . Incurring the employer, his family members or workers, outside the service, in the acts referred to in the preceding section, if they are so serious that they make it impossible to comply with the employment relationship;
IV . The employer reduces the worker's salary;
V . Failure to receive the corresponding salary on the agreed or customary date or place;
VI . Suffer damages caused maliciously by the employer to his tools or working tools;
VII . The existence of a serious danger to the safety or health of the worker or his family, either because the establishment lacks hygienic conditions or because the preventive and safety measures established by law are not complied with;
VIII . The employer, with his inexcusable imprudence or carelessness, compromises the safety of the establishment or of the persons who are in it; and
IX . Demand the performance of acts, conducts or behaviors that undermine or violate the worker's dignity; and
Section added DOF 30-11-2012
X . Those analogous to those established in the previous fractions, equally serious and of similar consequences, as far as work is concerned.
Section moved DOF 30-11-2012
Article 52 - The employee may separate from work within thirty days following the date on which any of the causes mentioned in the preceding article occurs, and shall be entitled to indemnification by the employer under the terms of Article 50.
CHAPTER V
Termination of employment relationships
Article 53 - The following are causes for termination of employment relationships:
I . Mutual consent of the parties;
II . The death of the worker;
III . The termination of the work or expiration of the term or investment of the capital, in accordance with Articles 36, 37 and 38;
IV . The physical or mental incapacity or manifest inability of the worker, which makes it impossible for him/her to perform the work; and
V . The cases referred to in Article 434.
Article 54 .- In the case of section IV of the preceding article, if the incapacity arises from a non-occupational risk, the worker shall be entitled to be paid one month's salary and twelve days for each year of service, in accordance with the provisions of article 162, or if possible, if he so wishes, to be provided with another job compatible with his aptitudes, regardless of the benefits that correspond to him in accordance with the laws.
Article 55 - If in the corresponding lawsuit the employer does not prove the causes of the termination, the employee shall have the rights set forth in Article 48.
TITLE THREE
Working Conditions
CHAPTER I
General Provisions
Article 56 . Working conditions based on the principle of substantive equality between women and men may in no case be lower than those set forth in this Law and must be proportional to the importance of the services and equal for equal work, without differences and/or exclusions based on ethnic origin or nationality, sex, gender, age, disability, social condition, health conditions, religion, opinions, sexual preferences, pregnancy conditions, family responsibilities or marital status, except for the modalities expressly set forth in this Law.
Article amended DOF 30-11-2012
Article 56 Bis .- Workers may perform work or tasks related or complementary to their main work, for which they may receive the corresponding salary compensation.
For the purposes of the preceding paragraph, related or complementary work or tasks shall be understood as those permanently and directly related to those agreed upon in the individual and collective labor contracts or, as the case may be, those usually performed by the employee.
Article added DOF 30-11-2012
Article 57 - The employee may request the Court to modify the working conditions, when the salary is not remunerative or the working day is excessive or when there are economic circumstances that justify it.
Amended paragraph DOF 01-05-2019
The employer may request the modification when there are economic circumstances that justify it.
CHAPTER II
Workday
Article 58 - Working day is the time during which the worker is at the disposal of the employer to provide his work.
Article 59 - The worker and the employer shall establish the duration of the working day, without exceeding the legal maximums.
The workers and the employer may divide the working hours, in order to allow the former to rest on Saturday afternoon or any equivalent modality.
Article 60 - Daytime is the period between six o'clock and twenty hours.
The night shift is between twenty and six o'clock.
Mixed workday is the one that includes periods of time of day and night workdays, provided that the night period is less than three and a half hours, because if it includes three and a half hours or more, it will be considered a night workday.
Article 61 .- The maximum duration of the workday shall be: eight hours during the day, seven hours at night and seven and a half hours mixed.
Article 62 .- The provisions of Article 5, Section III shall be observed to establish the working day.
Article 63 .- During the continuous working day, the worker shall be granted a rest of at least half an hour.
Article 64 .- When the worker is unable to leave the place where he/she renders his/her services during rest or meal hours, the corresponding time shall be computed as effective time of the working day.
Article 65 - In cases of accident or imminent risk that endangers the life of the worker, his co-workers or the employer, or the very existence of the company, the working day may be extended for the time strictly necessary to avoid such evils.
Article 66 .- The working day may also be extended for extraordinary circumstances, without ever exceeding three hours a day or three times in a week.
Article 67 - The working hours referred to in Article 65 shall be paid with an amount equal to the amount corresponding to each of the hours of the working day.
The hours of overtime shall be paid at one hundred percent more than the salary corresponding to the hours of the day's work.
Article 68 - Workers are not obliged to render their services for a longer time than that allowed by this chapter.
The extension of overtime in excess of nine hours per week, obliges the employer to pay the worker the excess time with two hundred percent more than the salary corresponding to the hours of the workday, without prejudice to the penalties established in this Law.
CHAPTER III
Rest days
Article 69 - For every six days of work, the worker shall enjoy at least one day of rest with full pay.
Article 70 - In jobs requiring continuous work, the workers and the employer shall establish by mutual agreement the days on which the workers shall enjoy the weekly rest days.
Article 71 - The regulations of this Law shall endeavor to ensure that the weekly day of rest is Sunday.
Workers who render service on Sundays shall be entitled to an additional premium of at least twenty-five percent over the salary for ordinary working days.
Article 72 - When the worker does not render his services during all the working days of the week, or when on the same day or in the same week he renders his services to several employers, he shall be entitled to be paid the proportional part of the salary of the days of rest, calculated on the salary of the days on which he has worked or on the salary he has received from each employer.
Article 73 - Workers are not obliged to render services on their rest days. If this provision is violated, the employer shall pay the worker, independently of the salary that corresponds to him/her for the rest, a double salary for the service rendered.
Article 74 . The following are mandatory rest days:
I . January 1st;
II . The first Monday of February in commemoration of February 5;
III . The third Monday of March in commemoration of March 21;
IV . May 1st;
V . September 16;
VI . The third Monday of November in commemoration of November 20;
VII . On December 1st of every six years, when it corresponds to the transfer of the Federal Executive Power;
VIII . December 25, and
IX . As determined by the federal and local electoral laws, in the case of ordinary elections, to conduct the Election Day.
Article reformed DOF 22-12-1987, 17-01-2006
Article 75 - In the cases of the preceding article, the workers and the employers shall determine the number of workers to render their services. If no agreement is reached, the Court shall decide.
Amended paragraph DOF 01-05-2019
The workers shall be obligated to render the services and shall be entitled to be paid, independently of the salary they are entitled to for the mandatory rest, a double salary for the service rendered.
CHAPTER IV
Vacations
Article 76 - Employees with more than one year of service shall enjoy an annual period of paid vacation, which in no case may be less than twelve working days, and which shall increase by two working days, until reaching twenty, for each subsequent year of service.
Beginning in the sixth year, the vacation period will increase by two days for every five days of service.
Article amended DOF 27-12-2022
Article 77 .- Workers who render discontinuous and seasonal services shall be entitled to an annual vacation period, in proportion to the number of working days in the year.
Article 78 - Of the total period corresponding to him/her in accordance with the provisions of Article 76 of this Law, the employee shall enjoy at least twelve days of continuous vacation. Said period, at the discretion of the employee, may be distributed in the manner and time required.
Article amended DOF 27-12-2022
Article 79 - Vacations may not be compensated with remuneration.
If the employment relationship terminates before the completion of one year of services, the employee shall be entitled to remuneration proportionate to the time of services rendered.
Article 80 - Workers shall be entitled to a bonus of not less than twenty-five percent of the wages due to them during the vacation period.
Article 81 - Vacations shall be granted to workers within six months following the completion of the year of service. Employers shall deliver annually to their workers a certificate containing their seniority and, in accordance therewith, the vacation period corresponding to them and the date on which they shall enjoy it.
CHAPTER V
Salary
Article 82 - Salary is the remuneration to be paid by the employer to the worker for his work.
Article 83 - Wages may be fixed per unit of time, per unit of work, by commission, at a fixed price or in any other manner.
In the case of wages per unit of time, this nature shall be specifically established. The employee and the employer may agree on the amount, provided it is a remunerative salary, as well as the payment for each hour of service rendered, as long as the maximum legal working day is not exceeded and the labor and social security rights corresponding to the position in question are respected. The income received by the workers under this modality will in no case be less than that which corresponds to a daily working day.
Paragraph added DOF 30-11-2012
When the salary is fixed per unit of work, in addition to specifying the nature of the work, the quantity and quality of the material, the condition of the tools and tools that the employer, if any, provides for the execution of the work, and the time for which they will be made available to the worker shall be stated, without the employer being able to demand any amount for the natural wear that the tool suffers as a consequence of the work.
Article 84 - The salary is made up of the payments made in cash for daily installments, gratuities, bonuses, room and board, bonuses, commissions, benefits in kind and any other amount or benefit paid to the worker for his work.
Article 85 - The salary must be remunerative and never less than the minimum fixed in accordance with the provisions of this Law. In order to fix the amount of the salary, the quantity and quality of the work shall be taken into consideration.
In the wage per unit of work, the remuneration to be paid shall be such that for a normal work, in an eight-hour workday, it results in the amount of at least the minimum wage.
Article 86 - Equal work, performed in equal position, workday and efficiency conditions, shall correspond to equal salary.
Article 87 - Workers shall be entitled to an annual Christmas bonus which must be paid before December twentieth, equivalent to at least fifteen days' salary.
Those who have not completed one year of service, regardless of whether or not they are working on the date of payment of the Christmas bonus, shall be entitled to be paid the proportional part of the bonus, according to the time they have worked, regardless of the time they have worked.
Amended paragraph DOF 12/31/1975
Article 88 .- The deadlines for the payment of wages may never be longer than one week for persons performing material work and fifteen days for other workers.
Article 89 - In order to determine the amount of the indemnities to be paid to the workers, the salary corresponding to the day on which the right to indemnity arises shall be taken as a basis, including the daily installment and the proportional part of the benefits mentioned in Article 84.
In the cases of salary per unit of work, and in general, when the remuneration is variable, the average of the wages obtained in the thirty days actually worked before the birth of the right will be taken as the daily salary. If during this period there has been an increase in the salary, the average of the wages obtained by the employee as of the date of the increase will be taken as the basis.
When the salary is fixed per week or per month, it shall be divided by seven or by thirty, as the case may be, to determine the daily salary.
CHAPTER VI
Article 90 - Minimum wage is the smallest amount that the worker must receive in cash for the services rendered in a working day.
The minimum wage shall be sufficient to satisfy the normal material, social and cultural needs of a head of household and to provide for the compulsory education of children.
The establishment of institutions and measures to protect the purchasing power of wages and facilitate the access of all working people to obtain satisfactory goods and services is considered to be of social utility.
The annual fixing of minimum wages, or the revision thereof, will never be below the inflation observed during the period of its validity.
Article amended DOF 09-01-1-1974, 30-03-2021
Article 91 .- Minimum wages may be general for one or more geographic areas of application, which may extend to one or more federal or professional entities, for a specific branch of economic activity or for professions, trades or special jobs, within one or more geographic areas.
Article amended DOF 21-01-1988
Article 92 - The general minimum wages shall apply to all workers in the area or geographical areas of application to be determined, regardless of the branches of economic activity, professions, trades or special jobs.
Article amended DOF 21-01-1988
Article 93 - The minimum professional wages shall apply to all workers in the branches of economic activity, professions, trades or special jobs determined within one or more geographical areas of application.
Article amended DOF 21-01-1988
Article 94 .- Minimum wages shall be fixed by a National Commission composed of representatives of the workers, employers and the government, which may be assisted by special commissions of a consultative nature that it deems indispensable for the best performance of its functions.
Article amended DOF 21-01-1988
Article 95 - The National Minimum Wage Commission and the Consultative Commissions shall be integrated in a tripartite manner, in accordance with the provisions of Chapter II of Title Thirteen of this Law.
Article amended DOF 24-12-1974, 21-01-1988
Article 96 - The National Commission shall determine the division of the Republic into geographic areas, which shall be constituted by one or more municipalities in which the same general minimum wage shall apply, without there necessarily being territorial continuity between said municipalities.
Article amended DOF 21-01-1988
Article 97 .- Minimum wages may not be subject to compensation, discount or reduction, except in the following cases:
Paragraph amended DOF 24-04-1972, 09-01-1974
I . Alimony decreed by the competent authority in favor of the persons mentioned in article 110, section V; and
II . Payment of rents referred to in Article 151. This deduction may not exceed ten percent of the salary.
Section amended DOF 24-04-1972
III . Payment of installments to cover loans from the National Workers' Housing Fund for the acquisition, construction, repair, expansion or improvement of housing or the payment of liabilities acquired for these concepts. Likewise, those workers who have been granted a loan for the acquisition of housing located in housing developments financed by the Instituto del Fondo Nacional de la Vivienda para los Trabajadores will be deducted 1% of their salary referred to in Article 143 of this Law, which will be used to cover the expenses incurred for the administration, operation and maintenance of the housing development in question. These deductions must have been freely accepted by the employee and may not exceed 20% of the salary.
Section added DOF 24-04-1972. Amended DOF 07-01-1982
IV . Payment of credits to cover loans granted or guaranteed by the Institute referred to in Article 103 Bis of this Law, destined for the acquisition of durable consumer goods or the payment of services. These discounts shall be preceded by the acceptance freely made by the employee and may not exceed 10% of the salary.
Section added DOF 09-01-1974. Amended DOF 02-07-1976, 30-11-2012.
CHAPTER VII
Wage protection rules and privileges
Article 98 - Workers shall freely dispose of their wages. Any provision or measure that detracts from this right shall be null and void.
Article 99 - The right to receive wages cannot be waived. The right to receive accrued wages is also unwaivable.
Article 100 - Wages shall be paid directly to the worker. Only in those cases in which he/she is unable to personally collect the payment, the payment shall be made to the person he/she designates as proxy by means of a power of attorney signed by two witnesses.
Payment made in contravention of the provisions of the preceding paragraph does not release the employer from liability.
Article 101 - The salary in cash shall be paid precisely in legal tender, not being allowed to do so in merchandise, vouchers, tokens or any other representative sign with which it is intended to substitute the currency.
With the employee's prior consent, payment of wages may be made by deposit in a bank account, debit card, transfer or any other electronic means. The expenses or costs arising from these alternative means of payment will be covered by the employer.
Paragraph added DOF 30-11-2012
In all cases, the employee must have access to the detailed information of the concepts and deductions of payment. The payment receipts must be delivered to the employee in printed form or by any other means, notwithstanding that the employer must deliver it in printed form when the employee so requires.
Paragraph added DOF 01-05-2019
The printed receipts must contain the employee's autograph signature in order to be valid; the payment receipts contained in digital tax receipts by Internet (CFDI) can substitute the printed receipts; the content of a CFDI will be proof if it is verified in the Internet portal of the Tax Administration Service, in case it is validated, the provisions of section I of article 836-D of this Law will apply.
Paragraph added DOF 01-05-2019
Article 102 - Benefits in kind shall be appropriate for the personal use of the employee and his family and reasonably proportionate to the amount of the salary paid in cash.
Article 103 - Warehouses and stores in which clothing, groceries and household items are sold, may be created by agreement between the workers and the employers of one or several companies, in accordance with the following rules:
Paragraph amended DOF 09-01-1974
I . The acquisition of goods shall be free without coercion of the workers;
II . The selling prices of the products shall be fixed by agreement between the workers and the employers, and may never be higher than the official prices or, in their absence, the current market prices;
III . Modifications in prices shall be subject to the provisions of the preceding section; and
IV . The agreement shall determine the participation that corresponds to the workers in the administration and surveillance of the warehouse or store.
Article 103 Bis .- The Instituto del Fondo Nacional para el Consumo de los Trabajadores, in accordance with the Law that regulates it, shall establish the bases for:
I . To grant credit to workers, seeking the best market conditions; and
II . Facilitate the access of workers to financial services that promote their savings and the consolidation of their patrimony.
Article added DOF 09-01-1974. Amended DOF 02-07-1976, 30-11-2012.
Article 104 - The assignment of wages in favor of the employer or third parties, whatever the denomination or form given to it, is null and void.
Article 105 - The salary of the workers shall not be subject to any compensation.
Article 106 - The employer's obligation to pay wages is not suspended, except in the cases and with the requirements established in this Law.
Article 107 - The imposition of fines on workers, whatever their cause or concept, is prohibited.
Article 108 - Payment of wages shall be made at the place where the workers render their services.
Article 109 - Payment shall be made on a working day, fixed by agreement between the employee and the employer, during working hours or immediately after their termination.
Article 110 - Discounts in the salaries of workers are prohibited except in the following cases and with the following requirements:
Paragraph amended DOF 09-01-1974
I . Payment of debts contracted with the employer for advance payment of wages, overpayments made to the worker, errors, losses, damages or acquisition of articles produced by the company or establishment. The amount payable may in no case be greater than the amount of one month's wages and the discount will be as agreed upon by the worker and the employer, but may not be greater than thirty percent of the excess of the minimum wage;
II . Payment of the rent referred to in Article 151, which may not exceed fifteen percent of the salary.
Section amended DOF 24-04-1972
III . Payment of installments to cover loans from the National Workers' Housing Fund for the acquisition, construction, repair, expansion or improvement of housing or the payment of liabilities acquired for these concepts. Likewise, those workers who have been granted a loan for the acquisition of housing located in housing developments financed by the Instituto del Fondo Nacional de la Vivienda para los Trabajadores will be deducted 1% of their salary referred to in Article 143 of this Law, which will be used to cover the expenses incurred for the administration, operation and maintenance of the housing development in question. These discounts must have been freely accepted by the employee.
Reformed fraction DOF 24-04-1972, 07-01-1982
IV . Payment of quotas for the constitution and promotion of cooperative societies and savings banks, provided that the workers expressly and freely express their agreement and that they are not greater than thirty percent of the excess of the minimum wage;
V . Payment of alimony in favor of maintenance creditors, decreed by the competent authority.
In the event that the employee ceases to render services at the work center, the employer must inform the competent jurisdictional authority and the food creditors of such circumstance within five working days following the date of termination of the employment relationship;
Reformed fraction DOF 30-11-2012
VI. Payment of ordinary union dues provided for in the unions' bylaws.
The employee may express in writing his or her desire not to be subject to the union dues, in which case the employer may not deduct the union dues;
Reformed fraction DOF 01-05-2019
VII. Payment of credits to cover credits guaranteed by the Institute referred to in Article 103 Bis of this Law, destined to the acquisition of consumer goods or the payment of services. These discounts must have been freely accepted by the employee and may not exceed twenty percent of the salary.
Section added DOF 09-01-1-1974. Amended DOF 30-11-2012
Article 111 - Debts contracted by workers with their employers shall in no case accrue interest.
Article 112 - The salaries of workers may not be attached, except in the case of alimony decreed by the competent authority for the benefit of the persons indicated in Article 110, Section V.
Employers are not required to comply with any other judicial or administrative garnishment orders.
Article 113 - Wages accrued in the last year and indemnities owed to workers are preferential over any other credit, including those secured by collateral, tax credits and those in favor of the Mexican Social Security Institute, over all assets of the employer.
Article 114 - Workers need not enter into bankruptcy, bankruptcy, suspension of payments or succession. The Court shall proceed to the seizure and auction of the assets necessary for the payment of wages and indemnities.
Article amended DOF 01-05-2019
Article 115 - The beneficiaries of the deceased worker shall have the right to receive the benefits and indemnities pending to be paid, exercise the actions and continue the lawsuits, without the need for a probate proceeding.
Article 116 - The establishment of intoxicating beverage outlets and gambling and gambling houses shall be prohibited in work centers. This prohibition shall be effective within a radius of four kilometers from the work centers located outside the towns.
For the purposes of this Law, intoxicating beverages are those whose alcoholic content exceeds five percent.
CHAPTER VIII
Employee Statutory Profit Sharing
Article 117 - The workers shall participate in the profits of the companiesThe workers shall participate in the profits of the companies, in accordance with the percentage determined by the National Commission for the Participation of Workers in the Profits of the Companies.
Article 118 - In order to determine the percentage referred to in the preceding article, the National Commission shall carry out the necessary and appropriate investigations and studies to ascertain the general conditions of the national economy and shall take into consideration the need to promote the industrial development of the country, the right of capital to obtain a reasonable interest and the necessary reinvestment of capital.
Article 119 - The National Commission may revise the percentage it has fixed, in accordance with the provisions of Article 587 and following.
Article 120 - The percentage fixed by the Commission constitutes the participation that shall correspond to the workers in the profits of each company.
For the purposes of this Law, the taxable income of each company is considered to be the taxable income, in accordance with the Income Tax Law.
Article 121 - The right of the workers to formulate objections to the statement submitted by the employer to the Ministry of Finance and Public Credit shall be in accordance with the following rules:
I. The employer, within a term of ten days from the date of filing its annual tax return, will deliver a copy thereof to the employees. The attachments that in accordance with the tax provisions must be submitted to the Ministry of Finance and Public Credit will remain at the disposal of the workers for a term of thirty days at the offices of the company and at the Ministry itself.
Employees may not disclose the information contained in the declaration and its attachments to third parties;
II. Within the following thirty days, the union holding the collective bargaining agreement or the majority of the employees of the company may submit to the Ministry of Finance and Public Credit the observations it deems appropriate, which shall be obliged to respond in writing, once the auditing procedures are concluded in accordance with the terms established in the Federal Tax Code, with respect to each of them;
Section amended DOF 30-11-2012
III. The final resolution issued by the Secretariat itself may not be appealed by the employees; and
IV. Within thirty days following the resolution issued by the Ministry of Finance and Public Credit, the employer will comply with the resolution regardless of whether the employer contests it. If as a result of the contestation the sense of the resolution varies in its favor, the payments made may be deducted from the profits corresponding to the workers in the following fiscal year.
The foregoing, unless the employer has obtained from the Court the suspension of the additional profit sharing.
Paragraph added DOF 30-11-2012. Amended DOF 01-05-2019
Fraction added DOF 02-07-1976
Article 122 - The distribution of profits among the employees shall be made within sixty days following the date on which the annual tax is due, even if an objection from the employees is pending.
When the Ministry of Finance and Public Credit increases the amount of the taxable profit, without the workers' objection having been filed or resolved, the additional distribution will be made within sixty days following the date on which the resolution is notified. Only in the event that the resolution is challenged by the employer, the payment of the additional distribution will be suspended until the resolution becomes final, guaranteeing the interest of the workers.
The amount of unclaimed profits in the year in which they become due will be added to the distributable profit of the following year.
Article amended DOF 02-07-1976
Article 123 - The distributable profit shall be divided into two equal parts: the first part shall be distributed equally among all the workers, taking into consideration the number of days worked by each one in the year, regardless of the amount of wages. The second part shall be distributed in proportion to the amount of wages earned for the work performed during the year.
Article 124 - For the purposes of this Chapter, salary is understood to be the amount received by each worker in cash on a daily basis. The gratuities, payments and other benefits referred to in Article 84, as well as the sums received by the worker for extraordinary work, shall not be considered as part of the salary.
In the case of wages per unit of work and in general, when the remuneration is variable, the average of the wages earned during the year shall be taken as the daily wage.
Article 125 - The following rules shall be observed to determine the participation of each worker:
I . A commission composed of an equal number of representatives of the workers and the employer shall formulate a project, which shall determine the participation of each worker and shall post it in a visible place in the establishment. For this purpose, the employer shall make available to the Commission the attendance and attendance list of the workers and other elements at its disposal;
II . If the representatives of the workers and the employer cannot agree, the Labor Inspector shall decide;
III . The workers may make such observations as they deem appropriate, within a term of fifteen days; and
IV . If objections are formulated, they shall be resolved by the same commission referred to in Section I, within a term of fifteen days.
Article 126 - The obligation to distribute profits is exempted:
I . Newly created companies, during the first year of operation;
II . The companies of new creation, dedicated to the elaboration of a new product, during the first two years of operation. The determination of the novelty of the product will be adjusted to the provisions of the laws for the promotion of new industries;
III . Newly created extractive industry companies during the exploration period;
IV . Private assistance institutions, recognized by law, that with privately owned property perform acts for humanitarian purposes of assistance, without profit purposes and without individually designating the beneficiaries;
V . The Mexican Institute of Social Security and decentralized public institutions for cultural, welfare or charitable purposes; and
VI . Companies that have less capital than that established by the Ministry of Labor and Social Welfare by branches of industry, after consultation with the Ministry of Economy. The resolution may be revised totally or partially, when there are important economic circumstances that justify it.
Reformed fraction DOF 09-04-2012
Article 127 .- The right of the workers to participate in the distribution of profits, recognized in the Political Constitution of the United Mexican States, shall be in accordance with the following rules:
Amended paragraph DOF 23-04-2021
I . The directors, administrators and general managers of the companies shall not participate in the profits;
II . The other workers in positions of trust shall participate in the profits of the companies, but if the salary they receive is greater than the salary corresponding to the highest paid union worker within the company, or in the absence of the latter, to the plant worker with the same characteristic, this salary shall be considered increased by twenty percent, as the maximum salary.
Section amended DOF 02-07-1976
III . The amount of the participation of workers in the service of persons whose income derives exclusively from their work, and that of those who are engaged in the care of goods that produce income or in the collection of credits and their interest, may not exceed one month's salary;
IV . Working mothers, during pre- and post-natal periods, and workers who are victims of an occupational hazard during the period of temporary disability, shall be considered as workers in active service;
IV Bis. The workers of the establishment of an enterprise are part of the enterprise for purposes of employee profit sharing;
Section added DOF 30-11-2012
V . In the construction industry, after determining which workers are entitled to participate in the apportionment, the Commission referred to in Article 125 shall adopt such measures as it deems appropriate for their citation;
VI. Household workers shall not participate in the distribution of profits, and
Reformed fraction DOF 01-05-2019
VII . Temporary workers shall have the right to participate in the company's profits when they have worked at least sixty days during the year.
VIII. The amount of profit sharing will have a maximum limit of three months of the employee's salary or the average of the profit sharing received in the last three years; the amount that is more favorable to the employee will be applied.
Fraction added DOF 23-04-2021
Article 128 - No compensation shall be made for years of loss with years of gain.
Article 129 - The profit sharing referred to in this chapter shall not be computed as part of the salary, for the purposes of the indemnities to be paid to the workers.
Article 130 - The amounts corresponding to the workers as profits are protected by the rules contained in Articles 98 and following.
Article 131 - The right of the workers to participate in the profits does not imply the power to intervene in the management or administration of the companies.
TITLE FOUR
Workers' and Employers' Rights and Obligations
CHAPTER I
Employer obligations
Article 132 - Employers have the following obligations:
I. - Comply with the provisions of the labor standards applicable to their companies or establishments;
II . Pay workers wages and indemnities, in accordance with the regulations in force in the company or establishment;
III. 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 working tools, instruments and materials;
IV . Provide a safe place for the safekeeping 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 means. The registration of work instruments or tools must be made whenever the worker so requests;
V. - To maintain a sufficient number of seats or chairs at the disposal of the workers in commercial houses, offices, hotels, restaurants and other analogous work centers. The same provision shall be observed in industrial establishments when permitted by the nature of the work;
VI . To keep workers in due consideration, refraining from bad treatment in word or deed;
VII . Issue every fifteen days, at the request of the workers, a written statement of the number of days worked and the salary received;
VIII . Issue to the employee who so requests or separates from the company, within a term of three days, a written record of his or her services;
IX.-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;
Reformed fraction DOF 28-04-2022
X. - Allow 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 as to harm the smooth running of the establishment. The time lost may be deducted from the worker unless he/she compensates 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. Substitutes will have the character of interim, considering them as permanent after six years;
XI . To inform the union holding the collective bargaining agreement and the workers in the next lower category of newly created positions, permanent vacancies and temporary vacancies to be filled;
XII . Establish and support Article 123 Constitutional schools, in accordance with the provisions of the laws and the Secretariat of Public Education;
XIII . Collaborate with the Labor and Education Authorities, in accordance with the laws and regulations, in order to achieve the literacy of the workers;
XIV . When they employ more than one hundred and less than one thousand workers, to make, at their own expense, the indispensable expenses to decently support the technical, industrial or practical studies, in special centers, national or foreign, of one of their workers or of 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 holders who have completed their studies must render their services to the employer who awarded them a scholarship for at least one year;
XV . Provide training and education to its workers, under the terms of Chapter III Bis of this Title.
Reformed fraction DOF 28-04-1978
XVI . Install and operate factories, workshops, offices, premises and other places where 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;
Reformed fraction DOF 28-04-1978, 30-11-2012
XVI Bis . To have, in work centers with more than 50 workers, adequate facilities for the access and development of activities for people with disabilities;
Section added DOF 30-11-2012
XVII . 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;
Reformed fraction DOF 28-04-1978, 30-11-2012
XVIII . 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 work 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;
Reformed fraction DOF 28-04-1978, 30-11-2012
XIX . 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 danger of epidemic;
XIX Bis . Comply with the provisions established by the competent authority in the event of a sanitary emergency, as well as provide their workers with the elements indicated by said authority to prevent diseases in the event of a sanitary contingency declaration;
Section added DOF 30-11-2012
XX . To reserve, when the fixed population of a rural work center exceeds two hundred inhabitants, a space of land of not less than five thousand square meters for the establishment of public markets, buildings for municipal services and recreational centers, provided that said work center is at a distance of not less than five kilometers from the nearest town;
XXI . To provide the unions, upon request, in rural work centers, with unoccupied premises for the installation of 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;
XXII . 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;
XXIII . To make deductions of quotas for the incorporation and promotion of cooperative societies and savings banks, in accordance with the provisions of Article 110, Section IV;
XXIII Bis. 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;
Section added DOF 30-11-2012
XXIV . 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 this purpose, when requested. The employers may require the inspectors or commissioners to show their credentials and to inform them of the instructions they have; and
XXV . Contribute to the promotion of cultural and sports activities among its employees and provide them with the necessary equipment and supplies.
XXVI. Make the deductions provided for in Sections IV of Article 97 and VII of Article 110, pay the deductions in order of priority, first to the Instituto del Fondo Nacional para el Consumo de los Trabajadores and then to the other institutions. This obligation does not make the employer a joint and several debtor of the credit granted to the worker;
Section added DOF 09-01-1-1974. Erratum DOF 10-01-1974. Amended DOF 30-11-2012, 01-05-2019.
XXVI 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 said entity. The affiliation will be free of charge for the employer;
Section added DOF 30-11-2012
XXVII . Provide pregnant women with the protection established by regulations.
Section added DOF 12/31/1974
XXVII 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 adoption of an infant;
Section added DOF 30-11-2012. Amended DOF 22-06-2018
XXVIII . 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
Section added DOF 28-04-1978. Amended DOF 22-06-2018
XXIX.- To grant leave without pay to 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 DOF 22-06-2018
XXIX Bis.- To grant the appropriate facilities to the workers with respect to the licenses issued by the Institute as established in Article 140 Bis of the Social Security Law.
Fraction added DOF 04-06-2019
XXX. 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 with the Federal Center for Labor Conciliation and Registration; this obligation may be evidenced by the worker's signature of receipt;
Section added DOF 01-05-2019
XXXI. Implement, in agreement with the workers, a protocol to prevent gender discrimination and attention to cases of violence and sexual harassment, as well as to eradicate forced and child labor;
Section added DOF 01-05-2019
XXXII. Post and disseminate in the most frequented places of the work center the exact text of the notice 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
Fraction added DOF 01-05-2019
XXXIII. 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.
Fraction added DOF 01-05-2019
Article 133 - Employers or their representatives are prohibited:
Amended paragraph DOF 30-11-2012
I . Refuse to accept workers based on ethnic or national origin, gender, age, disability, social status, health conditions, religion, opinions, sexual preferences, marital status or any other criteria that may give rise to a discriminatory act;
Reformed fraction DOF 31-12-1974, 30-11-2012
II . Requiring workers to purchase their consumer items in a store or specific place;
III. - Demanding or accepting money from workers as a gratuity because they are admitted to work or for any other reason that refers to the conditions of the job;
IV. Forcing workers by coercion or by any other means, to join or withdraw from the union or group to which they belong, or to vote for a certain candidate, as well as any act or omission that violates their right to decide who should represent them in collective bargaining;
Reformed fraction DOF 01-05-2019
V . Intervene in any way in the internal regime of the union, impede its formation or the development of union activity, through implicit or explicit reprisals against workers;
Section amended DOF 30-11-2012
VI . To make or authorize collections or subscriptions in establishments and workplaces;
VII. - Execute any act that restricts workers' rights granted to them by law;
VIII. - Making political or religious propaganda within the establishment;
IX. - Employ the system of indexing workers who separate or are separated from work so that they will not be re-employed;
X . Carrying weapons inside the establishments located within the towns;
Reformed fraction DOF 30-11-2012
XI . To appear in the establishments in a state of drunkenness or under the influence of a narcotic or enervating drug;
Reformed fraction DOF 30-11-2012
XII . Engaging in acts of harassment and/or sexual harassment against any person in the workplace;
Section added DOF 30-11-2012
XIII . Allowing or tolerating acts of harassment and/or sexual harassment in the workplace;
Section added DOF 30-11-2012
XIV. Require the presentation of medical certificates of non-pregnancy for admission, permanence or promotion in employment;
Section added DOF 30-11-2012. Amended DOF 22-06-2018
XV. Firing a female worker or directly or indirectly coercing her to resign because she is pregnant, because of a change in her marital status or because she is caring for minor children, and
Section added DOF 30-11-2012. Amended DOF 22-06-2018
XVI. Discharge or terminate the employment relationship of an employee who has the status of missing person and has a Special Declaration of Absence, under the terms of the provisions of the special legislation on the matter.
Section added DOF 22-06-2018
XVII. To carry out any act tending to exercise control over the union to which its workers belong, and
Fraction added DOF 01-05-2019
XVIII. The others established by this Law.
Fraction added DOF 01-05-2019
CHAPTER II
Obligations of employees
Article 134 . - The obligations of the workers are:
I. - Comply with the provisions of the labor standards applicable to them;
II . Observe the provisions contained in the regulations and official Mexican standards on safety, health and working environment, as well as those indicated by the employers for their personal safety and protection;
Section amended DOF 30-11-2012
III . To perform the service under the direction of the employer or his representative, to whose authority they shall be subordinated in all work-related matters;
IV. - To perform the work with the appropriate intensity, care and attention and in the manner, time and place agreed upon;
V. - Immediately notify the employer, except in cases of force majeure, of the justified causes that prevent him/her from attending work;
VI. Return to the employer the materials not used and keep in good condition the instruments and tools given to them for the work, not being responsible for the deterioration caused by the use of these objects, nor for the deterioration caused by an act of God, force majeure, or by poor quality or defective construction;
VII. - To observe good manners during the service;
VIII . To render aid at any time it is needed, when due to an accident or imminent risk, the persons or interests of the employer or their co-workers are in danger;
IX . To integrate the agencies established by this Law;
X .- Submit to the medical examinations provided for in the internal regulations and other rules in force in the company or establishment, in order to verify that they do not suffer from any incurable or contagious disability or work-related disease;
XI . Inform the employer of any contagious diseases they may suffer, as soon as they become aware of them;
XII . Communicate to the employer or his representative the deficiencies they notice, in order to avoid damages or harm to the interests and lives of their co-workers or of the employers; and
XIII . Scrupulously keep the technical, commercial and manufacturing secrets of the products in the production of which they are directly or indirectly involved, or of which they have knowledge by reason of the work they perform, as well as of the reserved administrative matters, the disclosure of which may cause damage to the company.
Article 135 .- It is forbidden to workers:
I . Execute any act that may endanger their own safety, that of their co-workers or third parties, as well as that of the establishments or places where the work is performed;
II . Absence from work without just cause or without permission from the employer;
III . Subtracting from the company or establishment working tools or raw or processed material;
IV . Reporting to work while intoxicated;
V . Reporting to work under the influence of any narcotic or enervating drug, unless there is a doctor's prescription. Before starting work, the employee must inform the employer of the fact and present the prescription signed by the physician;
VI . Carrying weapons of any kind during working hours, unless the nature of the work requires it. Exceptions to this provision are sharp and pointed weapons that are part of the tools or implements used in the work;
VII . Suspending work without the employer's authorization;
VIII . To make collections in the establishment or place of work;
IX . Using the tools and implements supplied by the employer for purposes other than those for which they were intended;
Section amended DOF 30-11-2012
X . To make any kind of propaganda during working hours, inside the establishment; and
Section amended DOF 30-11-2012
XI . Sexually harassing any person or performing immoral acts in the workplace.
Section added DOF 30-11-2012
CHAPTER III
Rooms for workers
Article 136 - Every agricultural, industrial, mining or any other type of work enterprise is obliged to provide workers with comfortable and hygienic living quarters. In order to comply with this obligation, the companies shall contribute five percent of the salaries of the workers in their service to the National Housing Fund.
Article amended DOF 24-04-1972, 07-01-1982
Article 137 - The purpose of the National Housing Fund shall be to create financing systems that allow workers to obtain cheap and sufficient credit to acquire in property comfortable and hygienic housing, for the construction, repair, or improvement of their homes and for the payment of liabilities acquired for these concepts.
Article amended DOF 24-04-1972
Article 138 .- The resources of the National Housing Fund shall be administered by a body composed in a tripartite manner by representatives of the Federal Government, the workers and the employers.
Article amended DOF 24-04-1972
Article 139 .- The law creating such agency shall regulate the procedures and forms according to which the workers may acquire in property rooms and obtain the credits referred to in Article 137.
Article amended DOF 24-04-1972
Article 140 .- The agency referred to in Articles 138 and 139 shall be responsible for the coordination and financing of the programs for the construction of dwelling houses to be acquired as property by the workers.
Article amended DOF 24-04-1972
Article 141 - The contributions to the National Housing Fund are social welfare expenses of the companies and shall be applied in their entirety to constitute deposits in favor of the workers, which shall be subject to the following bases:
I. In cases of permanent total disability, permanent partial disability, when this is 50% or more; permanent disability, under the terms of the Social Security Law; retirement; or death of the worker, the total of the deposits made will be delivered to the worker or his beneficiaries, with an additional amount equal to said deposits, under the terms of the Law, referred to in Article 139;
In the event that the employee is a missing person and has a Special Declaration of Absence, the same procedure will be followed, observing the provisions of the special legislation on the matter.
Paragraph added DOF 22-06-2018
Reformed fraction DOF 13-01-1986
II. When the employee ceases to be subject to an employment relationship and is 50 years of age or older, he/she will be entitled to receive the total amount of the deposits made in his/her favor, in accordance with the terms of the Law of the National Workers' Housing Fund Institute.
III. In the event that the employee has received credit from the Institute, the amounts to which he/she is entitled under the terms of the preceding fractions shall be applied to the repayment of the credit, except in cases of permanent total disability or death, under the terms of Article 145, if after applying said amounts to the repayment of the credit there remains a balance in favor of the employee, the corresponding amount shall be delivered to him/her.
In the event that the worker is a missing person and has a Special Declaration of Absence, in terms of the special legislation on the matter, the payment of the requested credit shall be suspended until such time as he/she has been located alive or dead.
Paragraph added DOF 22-06-2018
For the refund of deposits and additional amounts it will be sufficient that the written request is accompanied by the relevant evidence.
Article amended DOF 24-04-1972, 07-01-1982, 30-12-1983
Article 142 .- When an enterprise is composed of several establishments, the obligation referred to in Article 136 of this Law extends to each of them and to the enterprise as a whole.
Article amended DOF 24-04-1972
Article 143 - For the purposes of this Chapter, the salary referred to in Article 136 is made up of the payments made in cash per daily quota, and the bonuses, payments, food, housing, bonuses, commissions, benefits in kind and any other amount or benefit delivered to the worker for his services; the following concepts shall not be taken into account due to their nature:
a ) Work instruments, such as tools, clothing and the like;
b ) Savings, when they consist of a weekly or monthly deposit of equal amount from the worker and the company; and the amounts granted by the employer for social or union purposes;
c ) Contributions to the Instituto de Fondo Nacional de la Vivienda para los Trabajadores (National Workers' Housing Fund Institute) and profit sharing;
d ) Food and lodging when they are not provided free of charge to the worker, as well as food allowances;
e ) Attendance awards;
f ) Payments for overtime, except when this type of services is agreed on a fixed time basis;
g ) Contributions to the Mexican Social Security Institute payable by the employee and covered by the companies.
Article amended DOF 24-04-1972, 07-01-1982
Article 144 - The maximum salary for the payment of contributions shall be the equivalent of ten times the general minimum salary of the corresponding geographic area of application.
Article amended DOF 24-04-1972, 21-01-1988
Article 145 - The credits granted by the agency that administers the National Housing Fund shall be covered by insurance, in the event of permanent total disability or death, which releases the worker or his beneficiaries from the obligations, encumbrances or limitations of ownership in favor of said agency, derived from such credits.
For such purposes, permanent total disability shall be understood as the loss of faculties or aptitudes of a person, making it impossible for him/her to perform any work for the rest of his/her life, regardless of the nature of the risk that has produced it.
In the case of permanent partial disability, when it is 50% or more, or permanent disability, the accredited worker will be released from the debt, liens or ownership limitations in favor of the Institute, as long as he/she is not subject to a new employment relationship for a minimum period of two years, during which time he/she will enjoy an interest-free extension for the payment of his/her loan. The existence of any of these assumptions must be proven before the Instituto del Fondo Nacional de la Vivienda para los Trabajadores, within the month following the date on which they are determined.
Article reformed DOF 24-04-1972, 13-01-1986
Article 146 - Employers shall not be obliged to pay the contributions referred to in Article 136 of this law with respect to domestic workers.
Article amended DOF 24-04-1972, 01-05-2019
Article 147 .- The Federal Executive, after study and opinion of the agency to be established to administer the resources of the National Housing Fund, shall determine the modalities and dates in which they shall be incorporated into the regime established by this Chapter:
I . Professional athletes and
II . Home-based workers.
Article amended DOF 24-04-1972
Article 148 .- The Federal Executive may establish modalities to facilitate the contribution of companies that have a capital or income lower than the minimums determined by the Executive. These resolutions may be totally or partially revised when, in its judgment, there are circumstances that justify it.
Article amended DOF 24-04-1972
Article 149 .- The body created to administer the resources of the National Housing Fund shall determine the sums to be allocated to the financing of housing programs intended to be acquired in property by the workers and those to be applied for the acquisition, construction, repair or improvement of such houses, as well as for the payment of liabilities acquired for these concepts.
In the application of resources, they will be distributed equitably among the different regions and localities of the country, as well as among the different companies or groups of workers.
For the individual granting of loans, a lottery system will be used, if necessary, under the terms established by the law referred to in Article 139.
Article amended DOF 24-04-1972
Article 150 - When companies provide their workers with a house on loan or lease, they are not exempted from contributing to the National Housing Fund, pursuant to the terms of Article 136.
Article amended DOF 24-04-1972
Article 151 .- When rooms are leased to workers, the rent may not exceed half a percent per month of the cadastral value of the property, and the following rules shall be observed:
I . The companies are obliged to maintain them in habitable conditions and to make the necessary and convenient repairs in a timely manner:
II . Workers have the following obligations:
a) . To pay the rents.
b) . Take care of the room as if it were your own.
c) . Inform the company of any defects or deterioration they may observe.
d) . To vacate the rooms upon termination of the employment relationship within forty-five days, and
III . It is forbidden to workers:
a) . Using the room for purposes other than those indicated in this chapter.
b) . To sublet the rooms.
Article amended DOF 24-04-1972
Article 152 - The workers shall have the right to exercise before the Court the individual and collective actions arising from the breach of the obligations imposed in this chapter.
Article amended DOF 01-05-2019
Article 153 - The companies shall have the right to exercise before the Court, the actions that correspond to them against the workers for noncompliance with the obligations imposed by this chapter.
Article amended DOF 01-05-2019
Chapter III BIS
Productivity, Education and Training of Workers
Chapter added DOF 1978-04-28. Name amended DOF 30-11-2012.
Article 153-A . Employers have the obligation to provide to all workers, and these to receive, the training or instruction in their work that will allow them to raise their standard of living, their labor competence and their productivity, in accordance with the plans and programs formulated, by mutual agreement, by the employer and the union or the majority of its workers.
In order to comply with the obligation that, in accordance with the preceding paragraph, employers may agree with the workers that the training be provided to them within the same company or outside of it, through their own personnel, specially hired instructors, institutions, schools or specialized organizations, or by adhering to the general systems that may be established.
Institutions, schools or specialized organizations, as well as independent instructors who wish to provide education, training or coaching, as well as their teaching staff, must be authorized and registered by the Ministry of Labor and Social Welfare.
Training courses and programs, as well as programs to increase the productivity of the company, may be formulated with respect to each establishment, a company, several of them or with respect to a specific industrial branch or activity.
The training referred to in this article and other related articles shall be provided to the employee during the hours of the workday; unless, in view of the nature of the services, the employer and employee agree that it may be provided in another manner; as well as in the case that the employee wishes to be trained in an activity other than that of the occupation he/she performs, in which case, the training shall be provided outside of the workday.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-B . The purpose of the training shall be to prepare newly hired workers and others interested in filling vacancies or newly created positions.
Training programs may include support provided by the employer to workers to initiate, continue or complete schooling at the basic, intermediate or higher levels.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-C . The purpose of the training shall be:
I . To update and improve the knowledge and skills of workers and provide them with information so that they can apply in their activities the new technologies that entrepreneurs must implement to increase productivity in companies;
II . Inform workers of the risks and hazards to which they are exposed during the performance of their work, as well as the provisions contained in the regulations and official Mexican standards on safety, health and working environment that are applicable to them, to prevent occupational hazards;
III . Increase productivity; and
IV . Generally improve the educational level, labor competence and skills of workers.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-D . Workers to whom training is provided are obliged to:
I. Punctually attend courses, group sessions and other activities that are part of the training process;
II. To follow the instructions of the persons who provide the training or instruction, and comply with the respective programs; and
III. Submit the required knowledge and aptitude or labor competency evaluation exams.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-E . In companies with more than 50 workers, Joint Training, Training and Productivity Commissions shall be formed, made up of an equal number of representatives of the workers and the employers, and shall be responsible for:
I. Oversee, implement, operate and improve training and education systems and programs;
II. To propose the necessary changes in machinery, equipment, work organization and labor relations, in accordance with the best technological and organizational practices that increase productivity according to its current level of development;
III. Propose the measures agreed upon by the National Committee and the State Productivity Committees referred to in Articles 153-K and 153-Q, for the purpose of promoting training, measuring and raising productivity, as well as guaranteeing the equitable distribution of its benefits;
IV. To monitor compliance with the productivity agreements; and
V. Resolve the objections, if any, presented by the workers in connection with the distribution of productivity benefits.
In the case of micro and small companies, which are those with up to 50 workers, the Ministry of Labor and Social Welfare and the Ministry of Economy will be obliged to encourage their productivity through the provision of the programs referred to in Article 153-J, as well as related training. To such effect, with the support of the academic institutions related to the topics of the referred programs, they will summon, according to their branch, sector, federal entity or region, the micro and small entrepreneurs, the workers and unions that work in such companies.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-F . The labor authorities shall ensure that the Joint Training, Training and Productivity Commissions are formed and operate in a timely and normal manner, overseeing compliance with their obligations.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-F Bis . Employers must keep at the disposal of the Ministry of Labor and Social Welfare and the Ministry of Economy, the plans and programs for training, education and productivity that have been agreed upon, or if applicable, the modifications that have been agreed upon regarding plans and programs already implemented.
Article added DOF 30-11-2012
Article 153-G . The registration referred to in the third paragraph of Article 153-A shall be granted to persons or institutions that meet the following requirements:
I. Verify that those who will train the workers are professionally prepared in the industrial branch or activity in which they will impart their knowledge;
II. To satisfactorily demonstrate, in the judgment of the Ministry of Labor and Social Welfare, sufficient knowledge of the technological procedures of the industrial branch or activity in which they intend to provide such training; and
III. Not to be linked to persons or institutions that propagate any religious creed, under the terms of the prohibition established by section IV of Article 3 of the Constitution.
The registration granted under the terms of this article may be revoked when the provisions of this Law are contravened.
In the revocation proceeding, the affected party may offer evidence and present arguments as he/she deems appropriate.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-H . The training and training plans and programs shall be prepared within sixty working days following the start of operations at the work center and shall comply with the following requirements:
I. Refer to periods of no more than two years, except for the training referred to in the second paragraph of article 153-B;
II. To understand all the existing positions and levels in the company;
III. Specify the stages during which training and instruction will be given to all of the company's employees;
IV. Indicate the selection procedure, through which the order in which the workers of the same position and category will be trained will be established; and
V. They shall be based on technical standards of labor competence, if any, for the job positions in question.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-I . For the purposes of this Law, productivity is understood as the result of optimizing the human, material, financial, technological and organizational factors that concur in the company, branch or sector for the production of goods or rendering of services, in order to promote at the sectorial, state, regional, national and international level, and in accordance with the market to which it has access, its competitiveness and sustainability, improve its capacity, technology and organization, and increase income, the well-being of the workers and equitably distribute its benefits.
The establishment of agreements and systems to measure and increase productivity will involve employers, workers, unions, governments and academia.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-J . In order to raise productivity in enterprises, including micro and small enterprises, programs shall be developed for the purpose of:
I. Make an objective diagnosis of the productivity situation of the companies;
II. To provide companies with studies on the best technological and organizational practices that increase their current level of productivity according to their level of development;
III. Adapt the material, organizational, technological and financial conditions to increase productivity;
IV. Propose governmental financing, advisory, support and certification programs to increase productivity;
V. Improve coordination systems between workers, business, government and academia;
VI. Establish commitments to increase productivity on the part of businessmen, workers, unions, governments and academia;
VII. Periodically evaluate the development and fulfillment of the programs;
VIII. Improve working conditions, as well as Health and Safety measures;
IX. Implement systems to determine the appropriate form and amount of incentives, bonuses or commissions derived from the contribution of the workers to the increase in productivity agreed upon with the unions and the workers.
X. Such others as may be agreed upon and deemed pertinent.
The programs established in this article may be formulated with respect to several companies, by activity or service, one or several branches of industry or services, by federal entities, region or at the national level.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-K .- The Ministry of Labor and Social Welfare, together with the Ministry of Economy, will summon the employers, unions, workers and academic institutions to constitute the National Committee of Agreement and Productivity, which will have the character of a consultative and auxiliary body of the Federal Executive and the productive plant.
Amended paragraph DOF 01-05-2019
The National Coordination and Productivity Committee shall meet at least every two months and shall have the powers listed below:
Amended paragraph DOF 01-05-2019
I. Make a national and international diagnosis of the requirements necessary to increase productivity and competitiveness in each sector and branch of production, promote training and education, as well as investment in equipment and the form of organization required to increase productivity, proposing plans by branch, and link wages to the qualifications and skills acquired, as well as to the evolution of the company's productivity based on the best technological and organizational practices that increase productivity, taking into account its current level of development;
II. To collaborate in the preparation and permanent updating of the National Occupations Catalog and in the studies on the characteristics of technology, machinery and equipment in existence and use, as well as on the labor competencies required in the activities corresponding to the industrial or service branches;
III. Suggest technological and work organization alternatives to increase productivity based on best practices and in accordance with the level of development of the companies;
IV. To formulate recommendations for training plans and programs to increase productivity;
V. Study mechanisms and new forms of remuneration that link salaries and, in general, the income of workers to the benefits of productivity;
VI. Evaluate the effects of training and education actions on productivity within the industrial branches or specific activities in question;
VII. To propose to the Ministry of Labor and Social Welfare the issuance of technical standards of labor competence and, if applicable, the procedures for their evaluation, accreditation and certification, with respect to those productive activities for which there is no specific standard;
VIII. Manage before the labor authority the registration of the certificates related to knowledge or skills of the workers who have satisfied the legal requirements for such purpose;
IX. To prepare and implement the programs referred to in the preceding article;
X. To participate in the preparation of the National Development Plan;
XI. To issue an opinion and suggest the destination and application of budgetary resources oriented to increase productivity; and
XII. To issue opinions regarding the performance of conciliation procedures and propose methodologies that promote their effectiveness and reduce labor conflicts, in order to contribute to the strengthening of alternative mechanisms;
Fraction added DOF 01-05-2019
XIII. Perform diagnoses on the performance of the registration and union legitimization procedures, and suggest courses of action that provide greater certainty, transparency and reliability of the actions of the registration authority in matters of accreditation of union representativeness;
Fraction added DOF 01-05-2019
XIV. To make diagnoses regarding the procedures for the legitimization and deposit of collective bargaining agreements and their impact on the productivity of companies; likewise, to issue proposals to promote collective bargaining;
Fraction added DOF 01-05-2019
XV. To promote social and productive dialogue; and
Section added DOF 01-05-2019
XVI. Any others established in this and other regulatory provisions.
Section moved DOF 01-05-2019
The recommendations issued by the Committee will be taken into account in the design of public policies, as appropriate, and will be made public.
Paragraph added DOF 01-05-2019
Article added DOF 28-04-1978. Amended DOF 30-12-1983, 30-11-2012.
Article 153-L . The Head of the Federal Executive shall establish the bases to determine the manner of appointment of the members of the National Commission for Agreement and Productivity, as well as those related to its organization and operation. Subjecting to the principles of representativeness and inclusion in its integration.
In the decision-making process of the National Commission for Coordination and Productivity, consensus shall be favored.
Article added DOF 28-04-1978. Amended DOF 30-11-2012, 01-05-2019.
Article 153-M . - Collective bargaining agreements shall include clauses relating to the employer's obligation to provide training and instruction to workers, in accordance with plans and programs that meet the requirements set forth in this Chapter.
In addition, the procedure by which the employer will train and instruct those who intend to work in the company may be included in the contracts themselves, taking into account, if applicable, the admission clause.
Article added DOF 28-04-1978
Article 153-N .- For its operation, the National Commission for Agreement and Productivity shall establish sectorial subcommittees, by branch of activity, state, regional and other subcommittees as may be necessary to comply with its powers.
Article added DOF 28-04-1978. Amended DOF 30-11-2012, 01-05-2019.
Article 153-O . (Repealed).
Article added DOF 28-04-1978. Repealed DOF 30-11-2012
Article 153-P . (Repealed).
Article added DOF 28-04-1978. Amended DOF 30-12-1983. Repealed DOF 30-11-2012
Article 153-Q .- State Commissions for Agreement and Productivity shall be established at the level of the federative entities.
The provisions of articles 153-I, 153-J, 153-K, 153-L, 153-N and other related articles shall be applicable to the State Commissions for Agreement and Productivity in the federal entities.
Article added DOF 28-04-1978. Amended DOF 30-12-1983, 30-11-2012, 01-05-2019.
Article 153-R . (Repealed).
Article added DOF 28-04-1978. Repealed DOF 30-11-2012
Article 153-S . When the employer does not comply with the obligation to keep at the disposal of the Ministry of Labor and Social Welfare the plans and programs for training and education, under the terms of Article 153-N, or when such plans and programs are not put into practice, the employer will be sanctioned in accordance with the provisions of this Law, without prejudice that, in either of the two cases, the Ministry itself adopts the pertinent measures so that the employer complies with the obligation in question.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 153-T .- The workers who have passed the training and training examinations under the terms of this Chapter, shall be entitled to be issued the respective certificates by the instructing entity, which, authenticated by the Joint Commission for Training and Training of the Company, shall be made known to the Secretariat of Labor and Social Welfare, through the corresponding National Committee or, in the absence thereof, through the labor authorities, so that the Secretariat of Labor and Social Welfare may issue them, shall be made known to the Ministry of Labor and Social Welfare, through the corresponding National Committee or, in the absence thereof, through the labor authorities so that the Ministry may register them and take them into account when formulating the corresponding list of trained workers, pursuant to the terms of Section IV of Article 539.
Article added DOF 28-04-1978. Amended DOF 30-12-1983
Article 153-U . When a training program has been implemented and an employee refuses to receive it, because he/she considers that he/she has the necessary knowledge for the performance of his/her position and that of the immediate superior, he/she must provide documentary evidence of such capacity through the corresponding certificate of labor competence or present and pass the respective proficiency examination before the training entity.
In the latter case, the worker will be issued a certificate of competencies or work skills.
Article added DOF 28-04-1978. Amended DOF 30-12-1983. Erratum DOF 13-04-1984. Amended DOF 30-11-2012
Article 153-V . The certificate of competencies or labor skills is the document with which the worker will accredit having taken and passed a training course.
Amended paragraph DOF 30-11-2012
Companies are required to send to the Secretary of Labor and Social Welfare for registration and control, lists of the certificates that have been issued to their employees.
Amended paragraph DOF 30-12-1983
The certificates in question shall have full effect, for promotion purposes, within the company where the training was provided.
Reform DOF 30-11-2012: Repealed the then fourth paragraph of the article.
Article added DOF 28-04-1978
Article 153-W .- The certificates, diplomas, titles or degrees issued by the State, its decentralized agencies or individuals with recognition of official validity of studies, to those who have completed a type of education with terminal character, shall be registered in the records referred to in Article 539, section IV, when the corresponding position and category appear in the National Catalog of Occupations or are similar to those included therein.
Article added DOF 28-04-1978
Article 153-X - Workers and employers shall have the right to exercise before the Courts the individual and collective actions deriving from the training obligation imposed in this chapter.
Article added DOF 28-04-1978. Amended DOF 01-05-2019
CHAPTER IV
Preferential rights, seniority and promotion
Article 154 . Employers shall be obliged to prefer, in equal circumstances, Mexican workers over non-Mexican workers, those who have served them satisfactorily for a longer period of time, those who have no other source of income and are responsible for a family, those who have completed their compulsory basic education, those who are trained over those who are not, those who have greater aptitude and knowledge to perform a job, and those who are unionized over those who are not.
Amended paragraph DOF 30-11-2012
If there is a collective bargaining agreement and it contains an admission clause, preference for filling vacancies or newly created positions shall be governed by the provisions of the collective bargaining agreement and the union bylaws.
A unionized worker is defined as any worker who is a member of any legally constituted union organization.
Article amended DOF 12-31-1974, 07-02-1976
Article 155 .- Workers who are in the cases of the preceding article and who aspire to a vacant or newly created position, shall submit an application to the company or establishment indicating their domicile and nationality, whether they are in charge of a family and who are economically dependent on them if they previously served and for how long, the nature of the work they performed and the name of the union to which they belong, so that they may be called upon the occurrence of a vacancy or the creation of a new position; or present themselves to the company or establishment when the vacancy occurs or the position is created, proving the cause on which they base their request.
Article amended DOF 31-12-1974
Article 156 .- In the absence of a collective bargaining agreement or in the absence of an admission clause, the provisions contained in the first paragraph of Article 154 shall be applicable to workers who habitually, without having the status of regular employees, render services in a company or establishment, filling temporary or transitory vacancies and to those who perform extraordinary work or work for a specific job, which does not constitute a normal or permanent activity of the company.
Article amended DOF 02-07-1976
Article 157 .- Failure to comply with the obligations contained in Articles 154 and 156 shall entitle the employee to request before the Court, at his choice, to be granted the corresponding position or to be compensated with the amount of three months' salary. He shall also be entitled to be paid the wages and interest, if any, referred to in the second paragraph of Article 48.
Article amended DOF 30-11-2012, 01-05-2019
Article 158 - The employees and those mentioned in Article 156 have the right in each company or establishment to have their seniority determined.
A commission composed of representatives of the workers and of the employer shall draw up the general seniority table, distributed by categories of each profession or trade, and shall order its publication. The dissatisfied workers may file objections before the commission and appeal the resolution before the Court.
Amended paragraph DOF 01-05-2019
Article 159 . Permanent vacancies, temporary vacancies lasting more than thirty days and newly created positions shall be filled by the employee who has the next lower category or rank, as well as greater training, greater seniority, demonstrates greater aptitude, proves greater productivity and is suitable for the position.
Article amended DOF 12-31-1974, 04-28-1978, 11-30-2012
Article 160 - In the case of vacancies of less than thirty days, the provisions of the first paragraph of the preceding article shall apply.
Article 161 .- When the employment relationship has lasted for more than twenty years, the employer may only terminate it for any of the causes indicated in Article 47, which is particularly serious or which makes its continuation impossible, but the corresponding disciplinary correction shall be imposed on the employee, respecting the rights derived from his seniority.
The repetition of the fault or the commission of another or others, which constitute a legal cause for termination, renders the above provision null and void.
Article 162 - Regular employees are entitled to a seniority bonus, in accordance with the following rules:
I . The seniority premium shall consist of twelve days' salary for each year of service;
II . To determine the amount of the salary, the provisions of Articles 485 and 486 shall apply;
III . The seniority premium shall be paid to workers who voluntarily separate from their employment, provided they have completed at least fifteen years of service. Likewise, it will be paid to those who separate for justified cause and to those who are separated from their employment, regardless of the justification or unjustification of the dismissal;
IV . For the payment of the premium in cases of voluntary retirement of employees, the following rules shall be observed:
a ) If the number of workers retiring within the term of one year does not exceed ten percent of the total number of workers of the company or establishment, or of those of a given category, payment shall be made at the time of retirement.
b ) If the number of workers who retire exceeds ten percent, payment will be made to those who retire first, and payment may be deferred for the following year to those workers who exceed said percentage.
c ) If the withdrawal is made at the same time by a number of workers greater than the aforementioned percentage, the premium will be paid to those with the greatest seniority and the payment of the premium corresponding to the remaining workers may be deferred for the following year;
Erratum to paragraph DOF 05-06-1970
V . In case of death of the employee, regardless of his seniority, the corresponding premium shall be paid to the persons mentioned in article 501; and
VI . The seniority premium referred to in this article shall be paid to the employees or their beneficiaries, independently of any other benefits to which they are entitled.
CHAPTER V
Workers' inventions
Article 163 - The attribution of the rights to the name and to the ownership and exploitation of the inventions made in the company shall be governed by the following rules:
I . The inventor shall have the right to be named as the author of the invention;
Erratum to the section DOF 30-04-1970
II. When the worker engages in research work or improvement of the procedures used in the company, the ownership of the invention and the right to exploit the patent shall correspond to the employer on behalf of the company. The inventor, independently of the salary that he has received, shall be entitled to a complementary compensation, which shall be fixed by agreement of the parties or by the Court when the importance of the invention and the benefits that it may bring to the employer are not in proportion to the salary received by the inventor, and
Erratum to section DOF 30-04-1970. Amended DOF 01-05-2019
III . In any other case, the ownership of the invention shall correspond to the person or persons who made it, but the employer shall have a preferential right, all other things being equal, to the exclusive use or acquisition of the invention and the corresponding patents.
TITLE FIVE
Women's Work
Title as amended DOF 12/31/1974
Reform DOF 12/31/1974: Deleted from this Title the then Chapters I "Work of Women" and II "Work of Minors".
Article 164 .- Women enjoy the same rights and have the same obligations as men, a guarantee that is established in general and specifically for the protection of workers with family responsibilities, ensuring equal treatment and opportunities.
Article amended DOF 01-05-2019
Article 165 - The modalities set forth in this chapter have as their fundamental purpose the protection of maternity.
Article 166 .- When the woman's health or that of her child is endangered, whether during pregnancy or breastfeeding, and without prejudice to her salary, benefits and rights, her work may not be used in unhealthy or dangerous labor, industrial night work, in commercial or service establishments after ten o'clock at night, as well as in overtime.
Article amended DOF 31-12-1974
Article 167 - For the purposes of this title, dangerous or unhealthy work is that which, by the nature of the work, by the physical, chemical and biological conditions of the environment in which it is performed, or by the composition of the raw material used, is capable of affecting the life and physical and mental health of the pregnant woman or the product.
Amended paragraph DOF 12/31/1974
The regulations to be issued shall determine which works are included in the above definition.
Article 168 . In the event that the competent authorities issue a health contingency declaration, in accordance with the applicable provisions, the work of women during pregnancy or breastfeeding periods may not be used. Women workers who are in this situation will not suffer any prejudice in their salary, benefits and rights.
When due to the declaration of a sanitary contingency the general suspension of work is ordered, the provisions of article 429, section IV of this Law shall be applicable to pregnant or breastfeeding women.
Article repealed DOF 31-12-1974. Added DOF 30-11-2012
Article 169 .- (Repealed).
Article repealed DOF 31-12-1974
Article 170 - Working mothers shall have the following rights:
I . During the period of pregnancy, they shall not perform work that requires considerable effort and represents a danger to their health in relation to gestation, such as lifting, pulling or pushing heavy weights, that produce trepidation, standing for long periods of time or that act or may alter their psychic and nervous state;
Section amended DOF 12/31/1974. Erratum DOF 09-01-1975.
II . They shall enjoy a six-week break before and six weeks after childbirth. At the express request of the worker, with the prior written authorization of the physician of the social security institution that corresponds to her or, if applicable, of the health service provided by the employer, taking into account the opinion of the employer and the nature of the work she performs, up to four of the six weeks of rest prior to childbirth may be transferred to after childbirth. In the event that the children were born with any type of disability or require hospital medical attention, the leave may be up to eight weeks after the birth, upon presentation of the corresponding medical certificate.
In the event that authorization from private physicians is presented, it must contain the name and professional license number of the issuer, the date and the medical condition of the worker.
Section amended DOF 30-11-2012
II Bis. In case of adoption of an infant, they shall enjoy a six-week paid leave following the day on which they receive the child;
Section added DOF 30-11-2012
III . The rest periods referred to in the previous section shall be extended for the necessary time in the event that they are unable to work due to pregnancy or childbirth;
IV . During the breastfeeding period, for a maximum term of six months, they shall have two extraordinary breaks per day, of half an hour each, to feed their children, in a suitable and hygienic place designated by the company, or, when this is not possible, upon agreement with the employer, their workday shall be reduced by one hour during the aforementioned period;
Section amended DOF 30-11-2012
V . During the rest periods referred to in Section II, they shall receive their full salary. In the cases of extension referred to in Section III, they shall be entitled to fifty percent of their salary for a period not to exceed sixty days;
VI . To return to the position they held, provided that no more than one year has elapsed from the date of delivery; and
VII . To have pre- and post-natal periods computed in their seniority.
Article 170 Bis .- The fathers or mothers of minors diagnosed with any type of cancer, will enjoy the leave referred to in Article 140 Bis of the Social Security Law, in the terms referred to, with the intention of accompanying the mentioned patients in their corresponding medical treatments.
Article added DOF 04-06-2019
Article 171 .- Childcare services shall be provided by the Mexican Social Security Institute, in accordance with its Law and regulatory provisions.
Article 172 .- In establishments where women work, the employer shall keep a sufficient number of seats or chairs available for working mothers.
TITLE FIFTH A
Work of Minors
Title added DOF 12/31/1974
Article 173 - The work of minors is subject to special surveillance and protection by the federal and local labor authorities.
The Ministry of Labor and Social Welfare, in coordination with the labor authorities in the states, will develop programs to identify and eradicate child labor.
Article amended DOF 30-11-2012
Article 174 . Those over fifteen and under eighteen years of age, must obtain a medical certificate attesting to their aptitude for work and submit to the medical examinations periodically ordered by the corresponding labor authorities. Without these requirements, no employer may use their services.
Article amended DOF 30-11-2012, 12-06-2015
Article 175 . The use of labor by minors under eighteen years of age is prohibited:
Amended paragraph DOF 12-06-2015
I . In non-industrial establishments after ten o'clock at night;
II . In outlets of intoxicating beverages for immediate consumption, canteens or taverns and vice centers;
III . In work likely to affect his morality or good morals; and
IV . In dangerous or unhealthy work that, by the nature of the work, by the physical, chemical or biological conditions of the environment in which it is performed, or by the composition of the raw material used, are capable of acting on the life, development and physical and mental health of minors, in terms of the provisions of Article 176 of this Law.
Section amended DOF 12-06-2015
In the event of a health contingency declaration and provided that it is so determined by the competent authority, the work of minors under eighteen years of age may not be used. Workers who are in this situation will not suffer prejudice in their salary, benefits and rights.
Amended paragraph DOF 12-06-2015
When due to the declaration of a sanitary contingency the general suspension of work is ordered, the provisions of article 429, section IV of this Law shall be applicable to minors under eighteen years of age.
Amended paragraph DOF 12-06-2015
Article amended DOF 30-11-2012
Article 175 Bis . For the purposes of this chapter, activities under the supervision, care and responsibility of parents, guardians or those exercising parental authority, performed by minors under fifteen years of age related to artistic creation, scientific, sports or talent development, musical performance or artistic interpretation in any of its manifestations, shall not be considered work, when they are subject to the following rules:
Amended paragraph DOF 12-06-2015
a ) The relationship established with the applicant shall be in writing and shall contain the express consent expressed on behalf of the minor by the parents, guardians or those exercising parental authority, as well as the incorporation of the commitment assumed by the applicant to respect on behalf of the minor the rights that the Constitution, international conventions and federal and local laws recognize in favor of children;
b ) The activities carried out by the minor shall not interfere with his education, leisure and recreation in the terms established by applicable law, nor shall they imply any risk to his integrity or health and in any case, shall encourage the development of his skills and talents; and
c ) The consideration received by the minor for the activities he/she performs shall never be less than the salary received by a person over fifteen and under eighteen years of age.
Section amended DOF 12-06-2015
Article added DOF 30-11-2012
Article 176 .- For the purposes of the work of minors, in addition to the provisions of the applicable laws, regulations and rules, shall be considered as dangerous or unhealthy work, those that involve:
Amended paragraph DOF 01-05-2019
I . Exposure a:
Noise, vibrations, ionizing and non-ionizing infrared or ultraviolet radiation, elevated or depressed thermal conditions or abnormal ambient pressures.
2. Chemical pollutants in the work environment.
3. Hazardous waste, biological agents or infectious diseases.
4. Dangerous fauna or harmful flora.
II . Labor:
1. Industrial nights or work after twenty-two hours.
Rescue, salvage and disaster brigades .
3. At heights or confined spaces.
4. In which critical equipment and processes are operated where hazardous chemicals are handled that may cause major accidents.
Welding and cutting .
6. In extreme weather conditions in open fields, which expose them to dehydration, heat stroke, hypothermia or frostbite.
On roads with a high volume of vehicular traffic (primary roads).
Agriculture, forestry, sawmilling, silviculture, hunting and fishing, involving the use of chemicals, handling of machinery, heavy vehicles, and those determined by the competent authority;
Amended paragraph DOF 05-04-2022
Gas, cement, mining, iron and steel, petroleum, nuclear and cement industries.
10. Brick, glass, ceramics and pottery industries.
11. Tobacco industry production.
12. Related to the generation, transmission and distribution of electricity and maintenance of electrical installations.
13. In construction works.
14. Who have direct responsibility for the care of persons or the custody of goods and securities.
15. With a high degree of difficulty; under time pressure; demanding high responsibility, or requiring sustained concentration and attention.
Related to the operation, overhaul, maintenance and testing of pressure vessels, cryogenic vessels and steam generators or boilers.
17. In vessels.
18. In mines.
Submarine and subway .
20. Mobile work, except in the case of special authorization from the Labor Inspection.
III . Moderate and heavy physical effort; loads over seven kilograms; forced postures, or repetitive movements for prolonged periods of time, which alter the musculoskeletal system.
IV . Handling, transportation, storage or dispatch of hazardous chemicals.
V . Handling, operation and maintenance of machinery, equipment or mechanical, electrical, pneumatic or motorized tools, which may cause amputations, fractures or serious injuries.
VI . Operation of motorized vehicles, including mechanical and electrical maintenance.
VII . Use of sharp hand tools.
The activities foreseen in this article, for minors under eighteen years of age and those over sixteen years of age, shall be subject to the terms and conditions set forth in the Political Constitution of the United Mexican States, in the laws and in the International Treaties to which the Mexican State is a party.
Article amended DOF 30-11-2012, 12-06-2015
Article 177 .- The working day of minors under sixteen years of age may not exceed six hours a day and must be divided into maximum periods of three hours. Between the different periods of the day, they shall enjoy rest periods of at least one hour.
Article 178 . It is forbidden to use the work of minors under eighteen years of age, in overtime and on Sundays and mandatory rest days. In case of violation of this prohibition, overtime shall be paid with two hundred percent more than the salary corresponding to the hours of the day, and the salary of Sundays and mandatory rest days, in accordance with the provisions of Articles 73 and 75.
Article amended DOF 12-06-2015
Article 179 . Minors under eighteen years of age shall enjoy an annual paid vacation period of at least eighteen working days.
Article amended DOF 12-06-2015
Article 180 . Employers who have minors under eighteen years of age in their service are obliged to:
Amended paragraph DOF 12-06-2015
I . Demand that they be shown the medical certificates attesting that they are fit for work;
II . Keep and have at the disposal of the competent authority, records and supporting documentation, indicating the name and surname, date of birth or age of minors under eighteen years of age employed by them, type of work, schedule, salary and other general working conditions; likewise, such records must include the corresponding information of those who receive orientation, training or professional formation in their companies.
Section amended DOF 12-06-2015
III . To distribute the work so that they have the necessary time to fulfill their school programs;
Reformed fraction DOF 28-04-1978
IV . Provide them with training and instruction under the terms of this Law; and,
Section added DOF 28-04-1978
V . Provide the labor authorities with the reports they request.
Section amended and reworded DOF 28-04-1978
SIXTH TITLE
Special Works
CHAPTER I
General Provisions
Article 181 - Special works are governed by the provisions of this Title and by the general provisions of this Law insofar as they do not contradict them.
CHAPTER II
Reliable employees
Article 182 - The working conditions of workers in positions of trust shall be proportionate to the nature and importance of the services they render and may not be inferior to those governing similar jobs within the company or establishment.
Article 183 .- Workers in positions of trust may not form part of the unions of the other workers, nor shall they be taken into consideration in the counts that are carried out to determine the majority in cases of strike, nor may they be representatives of the workers in the bodies that are integrated in accordance with the provisions of this Law.
Such employees in positions of trust may also not participate in the recount tests in collective bargaining agreement ownership disputes or intervene in the consultations for the signing or revision of collective bargaining agreements referred to in Article 390 Ter, Section II of this Law.
Paragraph added DOF 01-05-2019
Article 184 - The working conditions contained in the collective bargaining agreement in force in the company or establishment shall be extended to workers in positions of trust, unless otherwise provided for in the collective bargaining agreement itself.
Article 185 - The employer may terminate the employment relationship if there is a reasonable cause for loss of confidence, even if it does not coincide with the justified causes for termination referred to in Article 47.
The employee in a position of trust may exercise the actions referred to in Chapter IV of Title Two of this Law.
Article 186 .- In the case referred to in the preceding article, if the employee in a position of trust has been promoted to a permanent position, he/she shall return to it, unless there is a justified cause for his/her separation.
CHAPTER III
Vessel workers
Article 187 - The provisions of this chapter apply to ship workers, including within this denomination any kind of ship or vessel flying the Mexican flag.
Article 188 - The provisions of this chapter shall apply to masters and deck and engine officers, pursers and accountants, radiotelegraphers, boatswain's mates, dredgers, deck hands, deck and galley hands, those considered as workers by the laws and regulations on water communications, and in general, all persons who perform work on board on behalf of the shipowner, shipowner or charterer.
Article 189 - Vessel workers must be Mexicans by birth and not acquire another nationality and be in full enjoyment and exercise of their civil and political rights.
Article amended DOF 23-01-1998
Article 190 - The masters, being understood as such those who exercise direct command of a vessel, have with respect to the other workers the quality of representatives of the master.
Article 191 . The work referred to in this chapter is prohibited for minors under sixteen years of age and for minors under eighteen years of age as drapers or stokers.
Article amended DOF 12-06-2015
Article 192 .- An agreement entered into on board by the master of a vessel with persons who have entered the vessel and whose purpose is to earn, through personal services, the amount of the passage, except as provided for in the following article, shall not be considered an employment relationship.
The agreement entered into under the terms of the preceding paragraph with Mexicans who are to be repatriated, at the request of the respective Consul, shall not be considered an employment relationship either.
Article 193 - Persons who render their services on board exclusively for the time the vessel is in port shall be subject to the provisions of this chapter insofar as applicable.
When vessels put to sea without having been able to disembark the persons referred to in the preceding paragraph, they shall be considered workers until they are returned to their place of origin, and shall have the rights and obligations set forth in this chapter.
Article 194 - The working conditions shall be recorded in writing. One copy shall remain in the possession of each party, another shall be sent to the Port Captaincy or to the nearest Mexican Consul, and the fourth to the Labor Inspectorate of the place where they were stipulated.
Article 195 - The document referred to in the preceding article shall contain:
I . Place and date of its celebration;
II . Name, nationality, age, sex, marital status, and domicile of the employee and employer;
III . Mention of the vessel or vessels on board of which the services are to be rendered;
IV . If it is entered into for a specific period of time, for an indefinite period of time or for a trip or trips;
V . The service to be rendered, specifying it as precisely as possible;
VI . The distribution of working hours;
VII . The amount of salaries;
VIII . Accommodation and food to be provided to the worker;
IX . The annual vacation period;
X . The rights and obligations of the employee;
XI . The percentage to be received by the workers when salvage is to be provided to another vessel; and
XII . Such other stipulations as may be agreed upon by the parties.
Article 196 - The work relationship per voyage shall comprise the term counted from the embarkation of the worker until the completion of the unloading of the vessel or the disembarkation of passengers at the port agreed upon.
If it is for a determined or undetermined period of time, the port to which the worker must be returned shall be fixed, and in the absence thereof, the place where the worker was taken shall be deemed to be the place where he/she was taken.
Article 197 - For the rendering of services by Mexican workers on foreign vessels, the provisions of Article 28 shall be observed.
Article 198 - When the vessel is at sea and the nature of the work does not permit weekly rest, the provisions of Article 73 shall apply.
Article 199 - Workers are entitled to a minimum period of twelve working days of paid annual vacation, which shall be increased by two working days, until reaching twenty-four, for each subsequent year of service. Thereafter, the vacation period shall be increased by two days for every five years of service.
Vacations shall be taken on land, and may be divided when required by the continuity of the work.
Article 200 - A provision that stipulates different salaries for equal work, if performed on vessels of different categories, does not violate the principle of equal pay.
Article 201 - At the option of the workers, wages may be paid in the equivalent in foreign currency, at the official exchange rate in effect on the date of payment, when the vessel is in a foreign port.
Article 202 - Traveling workers are entitled to a proportional increase in wages in case of prolongation or delay of the trip.
Wages may not be reduced if the trip is shortened, regardless of the cause.
Article 203 - The wages and compensation of the workers shall enjoy the preference provided for in Article 113, over the vessel, its machinery, gear, stores and freight. To this effect, the shipowner is jointly and severally liable with the master for the wages and compensation of the workers. When work credits from different voyages concur, those from the last voyage shall have preference.
Article 204 - Employers have the following special obligations:
I . Provide comfortable and hygienic accommodations on board;
II . To provide healthy, abundant and nutritious food to the workers of vessels engaged in offshore, coastal and dredging services;
III . Provide lodging and food when the vessel is taken to a foreign port for repairs and its conditions do not permit the stay on board. This same obligation shall subsist in a national port when it is not that of the place where the worker was taken. Room and board shall be provided at no cost to the worker;
IV . To pay the costs of the situation of funds to the workers' relatives, when the vessel is abroad;
V.To grant workers the necessary time to exercise their right to vote in popular elections and recall processes, provided that the security of the vessel so permits and their departure is not hindered on the date and at the time set;
Reformed fraction DOF 28-04-2022
VI . Allow workers to be absent from work in order to carry out State or union commissions, under the same conditions referred to in the preceding section;
VII . To provide food and lodging, medical treatment and medicines and other therapeutic means, in cases of illnesses, whatever their nature;
VIII . To carry on board the personnel and medical supplies required by the laws and regulations on water communications;
IX . Repatriate or transfer workers to the agreed place, except in cases of separation due to causes not attributable to the employer; and
X . Report to the corresponding Port Captain's Office, within twenty-four hours of having been declared at liberty, of work accidents occurring on board. If the vessel arrives at a foreign port, the report shall be made to the Mexican Consul or, in his absence, to the Captain of the first national port that the vessel enters.
Article 205 - Workers are especially obliged to respect and carry out the instructions and practices aimed at preventing risks at sea, which shall be carried out under the terms determined by the laws and provisions on communications by water. The captains and officers shall act, in these cases, as representatives of the authority and not as representatives of the masters.
Article 206 - It is forbidden in the onboard vending machines to provide, without the permission of the master, intoxicating beverages to the workers, as well as for them to introduce such effects to the vessels.
It is also forbidden for workers to introduce drugs and intoxicants, except as provided in Article 208, Section III.
Article 207 .- The temporary mooring of a vessel which, when authorized by the Court, does not terminate the employment relationship, only suspends its effects until the vessel returns to service.
Amended paragraph DOF 01-05-2019
Repairs to vessels shall not be considered as temporary mooring.
Article 208 - Special causes for termination of employment relationships are:
I . Lack of attendance of the worker on board at the time agreed for departure or that, when present, he/she disembarks and does not make the trip;
II . The employee being intoxicated while on duty while the vessel is in port, when leaving the vessel or during navigation;
III . Using narcotics or narcotic drugs during their stay on board, without medical prescription.
Upon boarding, the worker must inform the employer of the fact and present the prescription signed by the physician;
IV . Insubordination and disobedience to the orders of the master of the vessel in his capacity as authority;
V . The cancellation or definitive revocation of certificates of competency or sea books required by laws and regulations;
VI . Violation of the laws regarding the importation or exportation of merchandise in the performance of its services; and
VII . The execution, in the performance of the work by the worker, of any act or intentional omission or negligence that may endanger his safety or that of other workers, passengers or third parties, or that damages, harms or endangers the property of the employer or third parties.
Article 209 - The termination of the labor relations of the workers shall be subject to the following rules:
I . When there are ten days or less to its expiration and it is intended to make a new voyage that exceeds this term in duration, the workers may request the termination of the labor relations, giving three days' notice prior to the departure of the vessel;
II . Employment relationships may not be terminated when the vessel is at sea or when, while in port, termination is attempted within twenty-four hours prior to departure, unless in the latter case the vessel's final destination is changed;
III . Nor may labor relations be terminated when the vessel is abroad, in unpopulated places or in port, provided that in the latter case the vessel is exposed to any risk due to bad weather or other circumstances;
IV . When the employment relationship is for an indefinite period of time, the employee must give seventy-two hours' notice to the owner, shipowner or charterer;
V . When the vessel is lost due to seizure or casualty, the labor relations shall be terminated, and the owner, shipowner or charterer shall be obligated to repatriate the workers and cover the amount of the wages until their restitution to the port of destination or to the port indicated in the contract, as well as the other benefits to which they are entitled. The workers and the employer may agree to provide them with work of the same category on another vessel of the employer; if no agreement is reached, the workers shall have the right to compensation in accordance with the provisions of article 436; and
VI . The change of nationality of a Mexican vessel is cause for termination of labor relations. The owner, shipowner or charterer is obligated to repatriate the workers and to cover the amount of the wages and benefits referred to in the first paragraph of the preceding section. The workers and the employer may agree to provide them with a job of the same category on another vessel of the employer; if no agreement is reached, the workers shall have the right to be compensated in accordance with the provisions of Article 50.
Article 210 - In the cases of section V of the preceding article, if the workers agree to perform work for the recovery of the wreck or cargo, they shall be paid their wages for the days worked. If the value of the salvaged objects exceeds the amount of the wages, the workers shall be entitled to an additional bonus, in proportion to the efforts made and the dangers incurred in the salvage, which shall be fixed by agreement of the parties or by decision of the Court, which shall first hear the opinion of the maritime authority.
Article amended DOF 01-05-2019
Article 211 - The Internal Labor Regulations, deposited with the Registration Authority provided for in this Law, shall be registered with the Port Captaincy.
Amended paragraph DOF 01-05-2019
Violations of the regulations shall be reported to the Labor Inspector, who, after investigation, shall bring them to the attention of the labor authority, together with the opinion of the Port Captain.
Article 212 .- It is incumbent upon the Labor Inspectorate to monitor compliance with the laws and other labor regulations, taking into account the laws and provisions on water communications, when vessels are in port.
Article 213 - In inland or river traffic, the provisions of this chapter shall apply, with the following modalities:
I . If the discharge lasts more than twenty-four hours at the point where the work relationship terminates, it shall be considered terminated at the expiration of that period, counted from the time the vessel anchors or docks;
II . The feeding of the workers on behalf of the employers is obligatory, even when not stipulated in the contracts, if on board it is provided to the passengers; and in any case, in the case of ships that sail for six hours or more, or that sailing for less than that time, suspend navigation in unpopulated places where it is impossible for the workers to provide themselves with food;
III . The obligatory stay on board is considered as working time, unless the rest period is four hours or more, or if it is materially impossible for the worker to leave the vessel, or if the abandonment lacks purpose because it is in uninhabited places; and
IV . The weekly rest shall be necessarily on land.
Article 214 .- The Federal Executive shall determine the manner of sustaining and improving the services of the Seamen's Home and shall fix the contributions of the employers.
CHAPTER IV
Work of aeronautical crews
Article 215 - The provisions of this chapter apply to the work of the crews of civilian aircraft with Mexican registration. Their purpose, in addition to that provided for in Article 2, is to guarantee the safety of aeronautical operations, and they are inalienable to the extent that they correspond to this purpose.
Article 216 - The crew members must be Mexicans by birth and not acquire another nationality and be in full enjoyment and exercise of their civil and political rights.
Article amended DOF 23-01-1998
Article 217 - The employment relationships referred to in this chapter shall be governed by Mexican law, regardless of the place where the services are to be rendered.
Article 218 - They shall be considered members of the aeronautical crews, in accordance with the corresponding legal and technical provisions:
I . The pilot in command of the aircraft (Commander or Captain);
II . Officers performing similar duties;
III . The navigator; and
IV . The pursers.
Article 219 - Operation managers or flight superintendents, training chiefs, chief pilots, chief instructors or advisors, and any other officers who, even when they have different job titles, perform functions analogous to the foregoing, shall be considered representatives of the employer, due to the nature of the functions they perform.
The holders of the aforementioned categories shall be designated by the employer and may appear as pilots in command, without prejudice to the corresponding rights of the pilots on staff, provided they meet the requirements established in the General Roads of Communication Law and its regulations.
Erratum to paragraph DOF 04-30-1970
Article 220 - The pilot in command of an aircraft is responsible for the conduct and safety of the same during the effective flight time, and is in charge of the direction, care, order and safety of the crew, passengers, baggage and cargo and mail carried by the same. The responsibilities and attributions conferred to the commanders by the Law of General Ways of Communication and its regulations, may not be reduced or modified by the exercise of the rights and obligations that correspond to them according to the work rules.
Article 221 - For the determination of the working days, the sunrise and sunset tables shall be considered, in relation to the place closest to the place where the aircraft is in flight.
Article 222 - Effective flight time is understood to be the time from the moment an aircraft begins to move by its own impulse, or is towed to take take-off position, until it stops at the end of the flight.
Article 223 .- The total time of services to be rendered by crew members, considering the equipment to be used, shall be fixed in the employment contract and shall include only the actual flight time, en route time and standby services, and may not exceed one hundred and eighty hours per month.
Article 224 - The effective flight time that the crew members may work monthly shall be established in the work contracts, taking into consideration the characteristics of the equipment used, but may not exceed ninety hours.
Article 225 .- The effective flight time of the crew members shall not exceed eight hours during the day, seven hours during the night and seven and a half hours during the mixed shift, unless they are granted a horizontal rest period, before or upon completion of said shifts, equal to the time flown. The time in excess of the time indicated shall be extraordinary.
Article 226 - The working days of the crew members shall be adjusted to the needs of the service and may begin at any hour of the day or night.
Article 227 - When the needs of the service or the characteristics of the routes in operation so require, the total service time of the crew members shall be distributed in a conventional manner during the corresponding workday.
Article 228 - Crew members may not interrupt a flight service during its route, due to the expiration of the working day. In case they reach the limit of their working day during the flight or at an airport other than the airport of final destination, they shall be obliged to finish it if it does not require more than three hours. If it requires more time, they shall be relieved or suspend the flight at the nearest airport on the route.
Erratum to the article DOF 04-30-1970
Article 229 - When jet equipment is used, the duration of the total time of services indicated in this chapter may be reduced.
Erratum to the article DOF 05-06-1970
Article 230 - When, due to the needs of the service, the crew members exceed their total time of services, they shall receive for each extra hour one hundred percent more of the corresponding salary. The excess time, calculated and paid under the terms of this article, shall not be subject to new payment.
Article 231 - The crews are obliged to extend their working hours on relief, search and rescue flights. The excess hours shall be paid in the manner provided for in the first paragraph of Article 67.
Article 232 - Crewmembers who render services on mandatory rest days shall be entitled to the remuneration set forth in Article 75. Except in cases of termination of a service that does not exceed the first hour and a half of such days, in which case they shall only receive the amount of one additional day's salary.
For the purposes of this article, the days shall begin at zero hours and end at twenty-four o'clock, the official time of the place of the base of residence.
Article 233 - Crewmembers are entitled to an annual vacation period of thirty calendar days, which may not be accumulated. This period may be enjoyed semi-annually on a proportional basis, and shall be increased by one day for each year of service, not to exceed sixty calendar days.
Article 234 - A provision that stipulates different salaries for equal work, if such work is performed in aircraft of different categories or on different routes, and that which establishes seniority bonuses, does not violate the principle of equal pay.
Article 235 - The wages of the crew members shall be paid, including the corresponding additional allowances, on the fifteenth and last day of each month. The payments for night flight time and overtime shall be paid in the first fortnight of the month following the month in which they were performed; and the amount for mandatory rest days shall be paid in the fortnight immediately following the month in which they were worked.
Payments, whatever their concept, shall be made in local currency and in the crew member's place of residence, unless otherwise agreed.
Article 236 - Employers have the following special obligations:
I . Provide food, lodging and transportation to crewmembers for the entire time they remain away from their base for reasons of the service. Payment shall be made in accordance with the following rules:
a ) In the previously designated stations, or in those of extraordinary overnight stays, transportation shall be by automobile and lodging shall be covered directly by the skipper. Transportation shall be provided between the airports and the place of lodging and vice versa, except in those places of permanent base of residence of the crew members.
b ) When food cannot be taken on board, crew members shall receive a cash allowance, which shall be fixed according to the number of meals to be taken on each voyage or in places of extraordinary overnight stay. The amount of these allowances shall be fixed by mutual agreement;
II . To pay the crew members' transportation expenses, including those of the spouse and first-degree relatives who are economically dependent on them, household goods and personal effects, when they are moved from their base of residence. The amount of these expenses shall be fixed by mutual agreement;
III . Repatriate or transfer to the place of employment the crew members whose aircraft is destroyed or disabled outside that place, paying them their salaries and travel expenses; and
IV . To grant the permits referred to in Article 132, Sections IX and X, provided that the safety of the aircraft is not endangered or its departure on the date and time previously indicated is not made impossible.
Article 237 .- Crew members, to the extent applicable to them, have the following special obligations:
I . To take care that no passengers or effects foreign to the interests of the employer are transported in the aircraft in their charge without complying with the corresponding requirements, nor articles prohibited by law, unless they have the permission of the corresponding authorities;
II . Keep in force their licenses, passports, visas and documents legally required for the performance of their work;
III . To report for the services assigned to them in advance and in the manner established in their contract and internal work regulations, unless there is a justified cause;
IV . To undergo, at least twice a year, the periodic medical examinations required by law, regulations and labor contracts;
V . To undergo the training established by the employer, according to the needs of the service, in order to maintain or increase their efficiency for promotions or use of equipment with new technical characteristics and to operate it upon obtaining the required capacity;
VI . Plan, prepare and perform each flight in strict compliance with the laws, regulations and other provisions issued or approved by the Ministry of Communications and Transportation and by the employer;
VII . Make sure, before starting a trip, that the aircraft meets the legal and regulatory requirements, the necessary safety conditions, and that it has been properly equipped, provisioned and supplied;
VIII . Observe the technical indications regarding air traffic safety issued by the employer or dictated by the respective authorities at the base airport or at foreign stations;
IX . Notify the employer and, if necessary, the competent authorities, using the fastest means of communication available, in case of any emergency situation in flight, or when an accident occurs;
X . To carry out relief, search and rescue flights at any time and place required;
XI . In the case of the pilots in command of the aircraft, to record in the logbook, accurately and under his responsibility, the data required by the related legal provisions and to make, when appropriate, the distribution of the service time of the other members of the crew;
XII . Submit the reports, formulate the declarations and statements and sign the documentation required by the laws, regulations and other applicable provisions in connection with each flight; and
XIII . Inform the captain, at the end of the flight, of the mechanical or technical defects that they notice or presume to exist in the aircraft.
Article 238 .- When for any reason a member of the technical crew has stopped flying for 21 days or more, the crew member must undergo the training corresponding to the category he/she had at the time of the suspension and prove that he/she has the technical and practical capacity required for the performance and resumption of his/her work, under the terms established by the General Communication Roads Law and its regulations.
Article 239 . - The aeronautical crews' classification shall take into consideration:
I . The technical, physical and mental capacity of the interested party, referring to the equipment corresponding to the promotion position;
II . Previous experience, determined, depending on the specialty, by flight hours registered with the competent authority or by instructions and practice in the case of crew members who are not required to register such flight hours; and
III . Seniority, on equal terms.
Article 240 - The crew member interested in a promotion in his specialty, shall sustain and approve the respective training program, and obtain the license required for each specialty by the Ministry of Communications and Transportation.
Article 241 - In the case of operation of equipment with technical characteristics different from the one in use, the crew member and the master shall establish the working conditions.
Article 242 .- It is forbidden to crew members:
I . Drinking alcoholic beverages during the provision of the service and in the twenty-four hours prior to the start of the flights assigned to them;
II . Use narcotics or enervating drugs inside or outside working hours, without the prescription of a specialist in aviation medicine. Before starting his service, the employee must inform the employer of the fact and present the prescription signed by the physician; and
III . Execute as crew members any flight that diminishes their physical and legal possibilities to perform flights in the service of their employer.
Article 243 - The temporary suspension of the respective licenses, passports, visas and other documents required by national and foreign laws, when attributable to the crew member, is a special cause for suspension of the work relationship, without liability for the employer.
Article 244 - Special causes for termination or rescission of employment relationships are:
I . The definitive cancellation or revocation of the documents specified in the preceding article;
II . Being the crew member in a state of drunkenness, within the twenty-four hours prior to the beginning of the flight assigned to him or during the course of the same;
III . Being the crew member, at any time, under the influence of narcotics or narcotic drugs, except as provided in article 242, section II;
IV . Violation of the laws regarding the import or export of merchandise, in the performance of their services;
V . The crew member's refusal, without justified cause, to perform relief, search or rescue flights, or to initiate or continue the flight service assigned to him/her;
VI . The crew member's refusal to take the training programs established by the employer according to the needs of the service, when they are indispensable to maintain or increase his efficiency, for promotions or to operate equipment with new technical characteristics;
VII . The execution, in the performance of the work, by the crew member, of any act or intentional omission or negligence that may endanger his safety or that of the crew members, passengers or third parties, or that damages, harms or endangers the property of the employer or third parties; and
VIII . Failure to comply with the obligations set forth in Article 237 and violation of the prohibition set forth in Article 242, Section III.
Article 245 - The Registration Authority, prior to the approval of the internal work regulations, shall seek the opinion of the Secretariat of Communications and Transportation in order to ensure that the provisions of the General Communications Roads Law and its regulations are observed.
Article amended DOF 01-05-2019
Article 245 Bis .- The existence of a collective bargaining agreement covering all workers shall not prevent it from coexisting with another union agreement entered into with a union of pilots or flight attendants, if the majority of the workers of the same profession vote in favor of the union.
The union that affiliates pilots or flight attendants may sue for the ownership of a contract covering the totality of workers, in respect of the union it represents. The loss of the majority declared by the Courts, after consulting the workers of the union in dispute by means of a personal, free, direct and secret vote, produces the loss of the ownership of the collective bargaining agreement.
Article added DOF 01-05-2019
CHAPTER V
Railroad work
Article 246 - Railroad workers shall be Mexicans.
Article 247 .- Collective bargaining agreements may determine the personnel in positions of trust, taking into consideration the provisions of Article 9.
Article 248 - Collective bargaining agreements may stipulate that train workers shall render their services on the basis of one-way or two-way trips.
Article 249 .- When an employee is close to reaching the terms of retirement determined in the collective bargaining agreements, the employment relationship may only be terminated for particularly serious causes that make it impossible to continue, in accordance with the provisions contained in the collective bargaining agreements. In the absence of express provisions, the provisions of article 161 shall apply.
Article 250 .- It is not a cause for termination of employment relationships or loss of rights, the circumstance that workers, by force majeure, are isolated from their bosses, if they continue in their positions.
If in the same conditions they abandon them, they will occupy them again when the causes that motivated the abandonment disappear. In these cases, the respective investigations will be previously carried out, with the intervention of the representatives of the union and the company, and if these investigations result in the responsibility of the affected workers, or if it is proven that they voluntarily neglected or harmed the interests of the company, they will be dismissed from their jobs. The workers who have occupied the abandoned positions will have the category of interim workers, and when the incumbents are reinstated they will continue to work in the jobs they had previously or in those that become vacant.
Article 251 .- The workers who have been dismissed due to reduction of personnel or positions, even when they receive the compensation that may be due by law, shall continue to retain the rights they acquired prior to their dismissal, to return to their positions, if these are re-created and also to be called to service in the branch of work from which they left, provided they continue to belong to the unions that entered into the collective bargaining agreements.
Article 252 .- Workers' working hours shall be adjusted to the needs of the service and may begin at any time of the day or night.
Article 253 - It is not a violation of the principle of equal wages to fix different wages for equal work, if such work is rendered in lines or branches of different importance.
Article 254 .- It is forbidden to workers:
I . The consumption of intoxicating beverages, and its traffic during the performance of their work, on behalf of the company;
II . The consumption of narcotics or narcotic drugs, unless there is a doctor's prescription. Before starting the service, the employee must inform the employer of the fact and present the prescription signed by the physician; and
III . Trafficking of narcotic drugs.
Article 255 - Special causes for termination of employment relationships are:
I. The reception of cargo or passengers outside of the places designated by the company for these purposes; and
II. Refusal to carry out the contracted trip or its interruption, without justified cause.
CHAPTER VI
Autotransport work
Article 256 - The relations between chauffeurs, drivers, operators, collectors and other workers who provide services on board public service, passenger, cargo or mixed, foreign or urban transportation vehicles, such as buses, trucks, vans or automobiles, and the owners or licensees of the vehicles, are labor relations and are subject to the provisions of this chapter.
The stipulation that in any way deviates from the provisions of the preceding paragraph, does not produce any legal effect and does not prevent the exercise of the rights derived from the services rendered.
Article 257 .- The salary shall be fixed per day, per trip, per ticket sold or per circuit or kilometers traveled and shall consist of a fixed amount, or in a premium on income or the amount exceeding a determined income, or in two or more of these modalities, without in any case being less than the minimum salary.
When the salary is fixed per trip, workers are entitled to a proportional increase in the event of prolongation or delay of the normal end of the trip due to causes not attributable to them.
Wages may not be reduced if the trip is shortened, regardless of the cause.
In urban or circuit transport, workers have the right to be paid their wages in cases of interruption of service, for causes not attributable to them.
A provision that stipulates different salaries for equal work, if such work is rendered in lines or services of different categories, does not violate the principle of equal pay.
Article 258 .- In order to determine the salary for rest days, the salary received for work performed during the week shall be increased by sixteen sixty-six percent.
Article 259 - In order to determine the amount of the salary for vacation days and indemnities, the provisions of the second paragraph of Article 89 shall apply.
Article 260 .- The owner of the vehicle and the concessionaire or permit holder are jointly and severally liable for the obligations derived from labor relations and the law.
Article 261 .- It is forbidden to workers:
I . The use of alcoholic beverages during the provision of the service and in the twelve hours prior to its initiation;
II . Use narcotics or enervating drugs inside or outside working hours, without a doctor's prescription. Before starting work, the employee must inform the employer of the fact and present the prescription signed by a physician; and
III . Receiving cargo or passengers outside the places designated by the company for such purposes.
Article 262 - Workers have the following special obligations:
I . Treat passengers with courtesy and care and cargo with caution;
II . To undergo periodic medical examinations as required by law and other labor regulations;
III . Take care of the proper operation of the vehicles and inform the employer of any damage observed;
IV . Make emergency repairs during the trip as their knowledge, tools and spare parts allow. If it is not possible to make the repairs, but the vehicle can continue circulating, to drive it to the nearest town or to the place indicated for its repair.
V . Observe traffic regulations and technical indications issued by the authorities or the employer.
Article 263 - Employers have the following special obligations:
I . In the case of foreign transportation, to pay for lodging and food expenses of the workers, when the trip is prolonged or delayed for reasons not attributable to them;
II . Make repairs to ensure the proper operation of the vehicle and the safety of workers, users and the general public;
III . To provide the vehicles with the tools and spare parts indispensable for emergency repairs; and
IV . Observe the provisions of the Traffic Regulations on operating conditions and safety of vehicles.
Article 264 - Special causes for termination of employment relationships are:
I. The refusal to perform the contracted trip or its interruption without justified cause. In any case, the circumstance that the vehicle does not meet the indispensable safety conditions to guarantee the life of the workers, users and the public in general shall be considered as a justified cause; and
II. A significant and repeated decrease in the volume of income, unless there are justified circumstances.
CHAPTER VII
Public service maneuvering work in areas under federal jurisdiction.
Article 265 - The provisions of this chapter apply to the work of public service maneuvers of loading, unloading, stowage, unstowage, stowage, stowage, checking, pilotage, mooring, hauling, storage and transshipment of cargo and baggage, carried out on board vessels or on land, in ports, navigable waterways, railroad stations and other areas under federal jurisdiction, and to work carried out in pilot boats, and to complementary or related work.
Article amended DOF 30-05-2018
Article 266 - Collective bargaining agreements shall determine the maneuvers that are the object thereof, distinguishing them from those corresponding to other workers.
Article 267 . The labor of minors under eighteen years of age may not be used.
Article amended DOF 12-06-2015
Article 268 - Shipping and maneuvering companies, shipowners and charterers, consignees, customs agents, and other persons who order the work are masters.
Article 269 - The persons referred to in the preceding article, who jointly order the work included in this chapter, are jointly and severally liable for the wages and indemnities corresponding to the workers for the work performed.
Article 270 - Wages may be fixed per unit of time, per unit of work, per weight of packages, or in any other manner.
If several workers are involved in a maneuver, the salary shall be distributed among them in accordance with their categories and in the proportion in which they participate.
Article 271 - The salary shall be paid directly to the worker, in accordance with the provisions of Article 100.
The payment made to organizations, whatever their nature, or to intermediaries, so that they in turn make the payment to the workers, does not release the employers from liability.
Article 272 .- Workers have the right to have the daily salary increased by sixteen sixty-six percent as rest day salary.
Likewise, the daily salary will be increased, in the corresponding proportion, for vacation pay.
Article 273 - In determining the seniority of the workers, and the order in which their services shall be used, the following rules shall be observed:
I . Seniority shall be computed as of the date on which the employee began rendering services to the employer;
II. Collective bargaining agreements may establish the seniority of each employee. The dissatisfied worker may request the Tribunal to rectify his seniority. If there are no collective bargaining agreements or there is no such determination, the seniority shall be established in accordance with the provisions of Article 158, and
Reformed fraction DOF 01-05-2019
III . The distribution of work shall be made in accordance with the seniority corresponding to each worker. Collective bargaining agreements shall determine the modalities deemed convenient for the distribution of work.
Article 274 - The unions shall provide the employers with a detailed list containing the name and category of the workers who are to perform the maneuvers, in each case.
Article 275 - Workers may not be substituted in the rendering of services. If this prohibition is violated, the substitute is entitled to be paid the full salary corresponding to the work performed and that the payment is made in accordance with the provisions of Article 100.
Article 276 - For the payment of indemnities in cases of occupational hazards, the following rules shall be observed:
I. If the risk produces incapacity, payment shall be made in accordance with the provisions of Article 483;
II. The employer under whose authority the work was performed, shall be liable for work accidents; and
III. In the case of occupational diseases, each employer who has used the services of the worker for at least 90 days during the three years prior to the date on which the degree of incapacity for work is determined, shall contribute in the proportion in which he/she has used the services.
The worker may bring the action for payment of the indemnity against any of the employers referred to in the preceding paragraph, but the defendant may call the others to trial or repeat against them.
Article 277 - Collective bargaining agreements may stipulate that the employers shall cover a percentage of the salaries, in order to constitute a retirement or disability pension fund that is not the result of an occupational hazard. The bylaws of the union or a special regulation approved by the assembly shall determine the requirements for the granting of pensions.
The corresponding amounts will be delivered by the employers to the Mexican Social Security Institute (Instituto Mexicano del Seguro Social) and if the latter does not accept, to the banking institution indicated in the collective bargaining agreement. The institution will cover the pensions with the prior approval of the Court.
Amended paragraph DOF 01-05-2019
Article 278 - Collective bargaining agreements may stipulate the constitution of a fund for the payment of liabilities for losses or damages. The corresponding amount shall be delivered to the national banking institution indicated in the collective bargaining agreement, which shall cover the corresponding payments by agreement between the union and the employer, or by resolution of the Court.
Amended paragraph DOF 01-05-2019
Once the amount of the fund has been reached, no new contributions will be made, except to replenish the amounts paid.
CHAPTER VIII
Farm workers
Article 279 . Farm workers are those who carry out the tasks inherent to agricultural, livestock, aquaculture, forestry or mixed farms, in the service of an employer.
Amended paragraph DOF 30-11-2012
Workers in industrial forestry operations shall be governed by the general provisions of this law.
Farm workers may be permanent, casual or seasonal.
Paragraph added DOF 30-11-2012
Article 279 Bis .- A temporary farm worker is a worker who, without being permanent or seasonal, performs occasional activities in the rural environment, which may be for a specific work and time, in accordance with the provisions of this Law.
Article added DOF 30-11-2012
Article 279 Ter .- Seasonal farm workers or day laborers are those individuals who are hired to work in agricultural, livestock, forestry, aquaculture or mixed farms, only at certain times of the year, to perform activities related to or ranging from the preparation of the land, to the preparation of the products for their first sale, whether they are produced in the open, in greenhouses or in some other protected manner, without affecting their natural state; as well as others of an analogous agricultural, livestock, forestry, aquaculture or mixed nature. It may be contracted by one or more employers for one year, for periods that in no case may exceed twenty-seven weeks for each employer.
Seasonal farm workers are not considered to be those who work in agricultural, livestock, forestry, aquaculture or mixed companies that acquire farm products for packaging, repackaging, exhibition, sale or transformation through any process that modifies their natural state.
Article added DOF 30-11-2012
Article 279 Quater .- The employer shall keep a special register of workers hired on a seasonal basis, in order to record the accumulation of these in order to establish the length of service and, based on the sum of these, calculate the benefits and rights derived from the aggregate time of work.
Article added DOF 01-05-2019
Article 280 - A seasonal or temporary farm worker who works continuously for a period of more than twenty-seven weeks for an employer shall be presumed to be a permanent worker.
The employer shall keep a special record of the temporary and seasonal workers hired each year and shall exhibit it before the labor authorities when required to do so.
At the end of the season or agricultural cycle, the employer must pay the worker the proportional parts corresponding to vacations, vacation premium, Christmas bonus and any other benefit to which he/she is entitled, and must deliver a certificate to each worker indicating the days worked and the total wages earned.
Article amended DOF 30-11-2012
Article 280 Bis .- The National Commission on Minimum Wages shall fix the minimum professional wages for farm workers, taking into consideration, among others, the following circumstances:
I. The nature, quantity and quality of the work;
II. The physical wear and tear caused by working conditions, and
III. Wages and benefits received by workers in establishments and companies engaged in the production of agricultural products.
Article added DOF 01-05-2019
Article 281 - When there are leasing contracts, the owner of the property is jointly and severally liable with the lessee, if the latter does not have sufficient elements of his own to fulfill the obligations deriving from the relations with his workers.
If there are sharecropping contracts, the owner of the land and the sharecropper shall be jointly and severally liable.
Article 282 - The working conditions shall be drafted in writing, observing the provisions of Article 25 and other provisions of this Law.
Article amended DOF 30-11-2012
Article 283 - Employers have the following special obligations:
I . Pay wages precisely at the place where the worker renders his services and in periods of time that do not exceed one week;
II. Provide workers with adequate and hygienic living quarters, free of charge, with potable water, with a solid floor and proportional to the number of family members or economic dependents accompanying them and, if applicable, individual or collective land for raising barnyard animals;
Fraction amended DOF 30-11-2012, 01-05-2019
III . Maintain the rooms in good condition, making the necessary and convenient repairs when necessary;
Reformed fraction DOF 30-11-2012
IV . Provide workers with drinking water and sanitary services during the workday;
Section added DOF 30-11-2012
V . To keep in the workplace the medicines and healing material, as well as the necessary antidotes, in order to provide first aid to workers, their family members or economic dependents accompanying them, as well as to train personnel to provide it;
Section amended and reworded DOF 30-11-2012
VI . Provide workers and their accompanying family members with medical assistance or transfer them to the nearest place where medical services are available. They shall also have the obligations referred to in Article 504, Section II;
Section amended and reworded DOF 30-11-2012
VII . Provide free of charge to the worker, their family members or economic dependents accompanying them, medicines and healing material in cases of tropical, endemic and regional diseases, and pay workers who are disabled seventy-five percent of their wages for up to ninety days. Seasonal workers will enjoy this benefit for the duration of the labor relationship.
Seasonal workers must also have life insurance for their transfers from their places of origin to the work centers and subsequently upon their return;
Section amended and reworded DOF 30-11-2012
VIII . Allow workers on the premises:
a ) To take from the aquiferous reservoirs the water they need for their domestic uses and their livestock.
b ) Hunting and fishing, for their own uses, in accordance with the provisions determined by Law.
c ) Free transit on established roads and trails, as long as it is not detrimental to crops and cultivations.
d ) Celebrate in the customary places their regional festivities.
Section amended and reworded DOF 30-11-2012
IX . Encourage the creation of consumer cooperatives among workers;
Section added DOF 30-11-2012
X . Promote literacy among workers and their families.
The State will guarantee at all times access to basic education for the children of seasonal farm workers or day laborers. The Ministry of Public Education will recognize the studies that the children of seasonal farm workers or day laborers carry out in the same school cycle, both in their places of origin and in their work centers;
Section added DOF 30-11-2012
XI . Provide workers free of charge, comfortable and safe transportation from residential areas to workplaces and vice versa. The employer may use its own means or pay for the service so that the worker makes use of adequate public transportation;
Section added DOF 30-11-2012
XII . Use the services of an interpreter when the workers do not speak Spanish; and
Section added DOF 30-11-2012
XIII . To provide day care services to the children of the workers.
Section added DOF 30-11-2012
XIV. Provide them with on-the-job training in the use of safety and protection means and equipment for work.
Section added DOF 01-05-2019
Article 284 .- Employers are prohibited:
I. Allowing entry to sellers of intoxicating beverages;
II. Preventing the entry of merchandise sellers or charging them any fee; and
III. Prevent workers from raising barnyard animals in the individual or collective property destined for such purpose, unless it harms crops or any other activity carried out in the work center's own facilities.
Section amended DOF 30-11-2012
CHAPTER IX
Commercial agents and other similar
Article 285 - Commercial and insurance agents, salesmen, travelers, sales promoters and other similar agents are employees of the company or companies to which they render their services, when their activity is permanent, unless they do not personally perform the work or are only involved in isolated operations.
Article amended DOF 30-11-2012
Article 286 - The commission salary may include a premium on the value of the merchandise sold or placed, on the initial payment or on the periodic payments, or two or all three of said premiums.
Article 287 - In order to determine the moment in which the right of the workers to receive bonuses arises, the following rules shall be observed:
I. If a single premium is fixed, at the time when the transaction on which it is based is perfected; and
II. If premiums are fixed on periodic payments, at the time such payments are made.
Article 288 - The bonuses corresponding to the workers may not be withheld or deducted if the operation on which they were based is subsequently terminated.
Article 289 - To determine the amount of the daily salary, the average resulting from the salaries of the last year or the total of those received if the worker has not completed one year of service shall be taken as a basis.
Article 290 .- Workers may not be removed from the area or route assigned to them without their consent.
Article 291 .- A special cause for termination of employment relationships is the significant and repeated decrease in the volume of operations, unless there are justifying circumstances.
CHAPTER X
Professional athletes
Article 292 - The provisions of this chapter shall apply to professional sportsmen, such as soccer, baseball, fronton, boxing, wrestlers and other similar sportsmen.
Article 293 - Employment relationships may be for a fixed term, for an indefinite term, for one or several seasons or for the celebration of one or several events or functions. In the absence of express stipulations, the relationship shall be for an indefinite term.
If upon expiration of the term or conclusion of the season a new term or other modality is not stipulated, and the employee continues to render services, the relationship will continue for an indefinite term.
Article 294 - The salary may be stipulated per unit of time, for one or several events or functions, or for one or several seasons.
Article 295 - Professional athletes may not be transferred to another company or club without their consent.
Article 296 - The players' transfer bonus shall be subject to the following rules:
I . The company or club shall make known to the professional athletes the regulations or clauses containing the same;
II . The amount of the bonus shall be determined by agreement between the professional athlete and the company or club, and shall take into consideration the category of the events or functions, the category of the teams, the category of the professional athlete and his seniority in the company or club.
III . The professional athlete's participation in the bonus shall be at least twenty-five percent. If the percentage set is less than fifty percent, it shall be increased by five percent for each year of service, until reaching at least fifty percent.
Article 297 - It is not a violation of the principle of equality of salaries the provision that stipulates different salaries for equal jobs, due to the category of the events or functions, the category of the teams or the category of the players.
Article 298 - Professional athletes have the following special obligations:
I. Submit to the discipline of the company or club;
II . Attend preparation and training practices at the place and time designated by the company or club and concentrate for the events or functions;
III . Travel to events or functions in accordance with the provisions of the company or club. Transportation, lodging and food expenses shall be at the expense of the company or club; and
IV . Respect local, national and international regulations governing the practice of sports.
Article 299 - It is forbidden for professional athletes to mistreat by word or deed the judges or referees of the events, their teammates and opposing players.
In sports involving a personal contest, contestants shall refrain from any act prohibited by the rules.
Article 300 - Special obligations of employers:
I. To organize and maintain a medical service that performs periodic check-ups; and
II. To grant workers one day of rest per week. The provision contained in the second paragraph of Article 71 is not applicable to professional athletes.
Article 301 - It is forbidden for employers to demand from athletes an excessive effort that may endanger their health or life.
Article 302 - Penalties to professional athletes shall be applied in accordance with the regulations referred to in Article 298, Section IV.
Article 303 - Special causes of rescission and termination of employment relationships are;
I. Serious indiscipline or repeated acts of indiscipline; and
II. Loss of faculties.
CHAPTER XI
Workers, actors and musicians
Article 304 - The provisions of this chapter shall apply to actor workers and musicians who perform in theaters, cinemas, nightclubs or variety centers, circuses, radio and television, dubbing and recording rooms, or in any other premises where the image of the actor or musician is transmitted or photographed or the voice or music is transmitted or recorded, regardless of the procedure used.
Article 305 - Employment relationships may be for a fixed or indefinite term, for several seasons or for the celebration of one or several functions, representations or performances.
The provision contained in article 39 is not applicable.
Article 306 - The salary may be stipulated per unit of time, for one or more seasons or for one or more functions, representations or performances.
Article 307 - It is not a violation of the principle of equal salary, the provision that stipulates different salaries for equal work, due to the category of the functions, representations or performances, or that of the actors and musicians.
Article 308 - For the rendering of services of the workers actors or musicians outside the Republic, the following provisions shall be observed, in addition to the rules contained in Article 28:
I. An advance payment of at least twenty-five percent of the salary must be made for the contracted time; and
II. The round trip ticket must be guaranteed.
Article 309 - The rendering of services within the Republic, in a place different from the residence of the worker actor or musician, shall be governed by the provisions contained in the preceding article, as applicable.
Article 310 .- When the nature of the work so requires, the employers shall be obliged to provide the actors and musicians with comfortable, hygienic and safe dressing rooms in the premises where the service is rendered.
CHAPTER XII
Work at home
Article 311 . - Home work is that which is habitually performed for an employer, in the worker's home or in a place freely chosen by the worker, without immediate supervision or direction of the person providing the work.
If the work is performed under conditions other than those indicated in this article, it shall be governed by the general provisions of this Law.
Article amended DOF 30-11-2012, 11-01-2021
Article 312 - The agreement by virtue of which the employer sells raw materials or objects to a worker so that the latter transforms or manufactures them at his domicile and subsequently sells them to the same employer, and any other similar agreement or operation, constitutes home work.
Article 313 .- Home worker is the person who works personally or with the help of members of his family for an employer.
Article 314 - Employers are persons who provide work at home, whether or not they supply the working tools or materials, and whatever the form of remuneration.
Article 315 - The simultaneity of employers does not deprive the home worker of the rights granted by this chapter.
Article 316 - The use of intermediaries is prohibited. In the case of the company that uses or sells the products of home work, the provisions of Article 13 shall apply.
Article 317 - Employers who provide work at home must first register in the Register of Home Work Employers, which shall operate at the Labor Inspectorate. The register shall contain the name and domicile of the employer for whom the work is to be performed and the other data indicated in the respective regulations.
Article 318 - The working conditions shall be recorded in writing. Each of the parties shall keep one copy and the other shall be delivered to the Labor Inspectorate. The writing shall contain:
I . Name, nationality, age, sex, marital status and domicile of the employee and employer;
II . Premises where the work will be performed;
III . Nature, quality and quantity of the work;
IV . Amount of salary and date and place of payment; and
V . Such other stipulations as may be agreed upon by the parties.
Article 319 - The written notice referred to in the preceding article must be delivered by the employer, within a term of three working days, to the Labor Inspection, which, within the same term, shall proceed to review it under its strictest responsibility. In case it is not in accordance with the Law, the Labor Inspection, within three days, will make the corresponding observations to the parties, so that they make the respective modifications. The employer will have to present it again to the same Labor Inspectorate.
Article 320 .- Employers are obliged to keep a record book of home workers, authorized by the Labor Inspectorate, in which the following data shall be recorded:
I . Name, nationality, age, sex, marital status of the worker and domicile or premises where the work is performed;
II . Days and hours for delivery and receipt of work and for payment of wages;
III . Nature, quality and quantity of the work;
IV . Materials and supplies provided to the employee on each occasion, their value and the method of payment for items lost or damaged due to the employee's fault;
V . Form and amount of salary; and
VI . The other data indicated in the regulations.
The books shall be permanently at the disposal of the Labor Inspectorate.
Article 321 .- Employers shall deliver free of charge to their home workers a foliated booklet authorized by the Labor Inspection, which shall be called the Home Work Booklet and in which the data referred to in Sections I, II and V of the preceding Article shall be entered, and on each occasion that work is provided, the data referred to in Section IV of the same Article.
The lack of a passbook does not deprive the worker of the rights to which he/she is entitled in accordance with the provisions of this Law.
Article 322 .- The National Minimum Wage Commission shall fix the minimum professional wages for the different home-based jobs, taking into consideration, among others, the following circumstances:
Amended paragraph DOF 21-01-1988
I . The nature and quality of the work:
II . The average time for the elaboration of the products;
III . The salaries and benefits received by the workers of establishments and companies that manufacture the same or similar products; and
IV . Current market prices of home-based work products.
The books referred to in Article 320 shall be permanently at the disposal of the National Minimum Wage Commission.
Amended paragraph DOF 21-01-1988
Article 323 - The wages of home workers may not be less than those paid for similar work in the enterprise or establishment for which the work is performed.
Article 324 - Employers have the following special obligations:
I . Post wage rates in a conspicuous place on the premises where they provide or receive work;
II . Provide working materials and supplies on the dates and at the times agreed upon;
III . Receive work in a timely manner and pay wages in the form and on the dates stipulated;
IV . Record in each worker's record book, at the time of receiving the work, the resulting losses or deficiencies, and no subsequent claim may be made; and
V . Provide the Inspectors and the National Minimum Wage Commission with the reports they request.
Reformed fraction DOF 21-01-1988
Article 325 - Failure to comply punctually with the obligations mentioned in sections II and III of the preceding article shall entitle the domicile worker to compensation for the time lost.
Article 326 - Home workers have the following special obligations:
I . To take the greatest care in the safekeeping and conservation of the materials and tools received from the employer;
II . To produce the products according to the agreed and customary quality;
III . Receive and deliver the work on the days and at the times agreed upon; and
IV . Indemnify the employer for the loss or deterioration suffered by the materials and tools they receive due to their fault. The liability of the home worker is governed by the provision contained in Article 110, Section I.
Article 327 - They also have the right to be paid the salary of the mandatory rest day in the corresponding week.
Article 328 - Home workers are entitled to annual leave. In order to determine the amount of the corresponding salary, the provisions of the second paragraph of Article 89 shall apply.
Article 329 .- The home worker to whom the work is stopped, shall have the rights set forth in Article 48.
Article 330 - The Labor Inspectors have the following special powers and duties:
I . Verify whether the persons who provide work at home are registered in the Employer's Registry. If they are not, they will order them to register, warning them that if they do not do so within a term not exceeding 10 days, they will be subject to the penalties set forth in this Law;
II . Check whether the Homeworkers' Record Books and the Homeworkers' Work Books are correctly kept and up to date;
III . To see that the wage rate is posted in a visible place in the premises where the work is received and provided;
IV . Verify whether salaries are paid in accordance with the respective tariff;
V . To see that wages are not lower than those paid in the company to the similar worker;
VI . To make visits to the premises where the work is carried out, to ensure that the provisions on hygiene and safety are complied with.
VII . Inform the National Minimum Wage Commission of any wage differences they may notice, in relation to those paid to workers performing similar jobs.
Reformed fraction DOF 21-01-1988
CHAPTER XII BIS
Telework
Chapter added DOF 11-01-2021
Article 330-A - Teleworking is a form of subordinate labor organization that consists of the performance of paid activities, in places other than the establishment or establishments of the employer, so it does not require the physical presence of the worker under the modality of teleworking, in the workplace, using primarily the technologies of information and communication, for contact and command between the worker under the modality of teleworking and the employer.
The worker under the modality of teleworking will be the one who renders his personal, remunerated and subordinate services in a place different from the facilities of the company or source of work of the employer and uses the information and communication technologies.
For the purposes of the teleworking modality, information and communication technologies shall be understood as the set of services, infrastructure, networks, software, computer applications and devices that are intended to facilitate the tasks and functions in the workplace, as well as those required for the management and transformation of information, in particular the technological components that allow the creation, modification, storage, protection and retrieval of such information.
The provisions of this Chapter shall govern the labor relations that are developed more than forty percent of the time at the domicile of the worker under the modality of teleworking, or at the domicile chosen by the worker.
Telework is not considered to be occasional or sporadic.
Article added DOF 11-01-2021
Article 330-B .- The working conditions shall be recorded in writing by means of a contract and each of the parties shall keep a copy. In addition to the provisions of Article 25 of this Law, the contract shall contain:
I. Name, nationality, age, sex and domicile of the parties;
II. Nature and characteristics of the work;
III. Amount of salary, date and place or form of payment;
IV. The equipment and work supplies, including those related to the obligations of safety and health that are delivered to the worker under the modality of teleworking;
V. The description and amount that the employer will pay to the worker under the modality of teleworking for payment of services at home related to teleworking;
VI. The mechanisms of contact and supervision between the parties, as well as the duration and distribution of schedules, provided that they do not exceed the legal maximums, and
VII. such other stipulations as may be agreed upon by the parties.
Article added DOF 11-01-2021
Article 330-C - The modality of telework shall be part of the collective bargaining agreement, which in its case exists between unions and companies, and must be delivered free of charge a copy of these contracts to each of the workers who perform their work under this modality.
Also, they must facilitate the mechanisms of communication and dissemination at a distance with which the work center has, including e-mail or others, in order to ensure that workers under the modality of teleworking have knowledge of the procedures of freedom of association and collective bargaining, as established in the obligations under sections XXXII and XXXIII of Article 132 of this Law.
Article added DOF 11-01-2021
Article 330-D - Employers who do not have a collective bargaining agreement must include teleworking in their internal work regulations, and establish mechanisms to ensure the linkage and contact between workers who perform their work under this modality.
Article added DOF 11-01-2021
Article 330-E .- In modality of telework, the employers will have the following special obligations:
I. Provide, install and take care of the maintenance of the necessary equipment for teleworking such as computer equipment, ergonomic chairs, printers, among others;
II. Receive work in a timely manner and pay wages in the form and on the dates stipulated;
III. Assume the costs derived from the work through the modality of telework, including, in its case, the payment of telecommunication services and the proportional part of electricity;
IV. Keep record of the inputs delivered to workers under the modality of teleworking, in compliance with the provisions on safety and health at work established by the Ministry of Labor and Social Welfare;
V. Implement mechanisms that preserve the security of information and data used by workers in the teleworking modality;
VI. Respect the right to the disconnection of the workers in the modality of telework at the end of the working day;
VII. To register the workers in the modality of teleworking to the obligatory regime of the social security, and
VIII. Establish the mechanisms of training and advice necessary to ensure the adaptation, learning and proper use of information technologies of workers in the modality of teleworking, with special emphasis on those who change from face-to-face modality to teleworking.
Article added DOF 11-01-2021
Article 330-F .- The workers in the modality of teleworking have the following special obligations:
I. To take the greatest care in the storage and conservation of equipment, materials and tools received from the employer;
II. To inform with opportunity on the costs agreed for the use of the services of telecommunications and of the consumption of electricity, derived from the telework;
III. Obey and conduct themselves in accordance with the provisions on occupational health and safety established by the employer;
IV. Attend and use the mechanisms and operating systems for the supervision of its activities; and
V. To comply with the policies and mechanisms for the protection of data used in the performance of its activities, as well as the restrictions on its use and storage.
Article added DOF 11-01-2021
Article 330-G .- The change in the modality of face-to-face to telework, shall be voluntary and established in writing in accordance with this Chapter, except in cases of force majeure duly accredited.
In any case, when there is a change to the modality of teleworking the parties will have the right of reversibility to the face-to-face modality, for which they may agree the mechanisms, processes and times necessary to validate their will to return to that modality.
Article added DOF 11-01-2021
Article 330-H .- The employer must promote the balance of the labor relationship of workers in the modality of teleworking, so that they enjoy a decent or decent work and equal treatment in terms of remuneration, training, training, social security, access to better job opportunities and other conditions covered by Article 2o. of this Law to face workers who provide their services at the headquarters of the company. It shall also observe a gender perspective that allows to reconcile personal life and availability of workers under the modality of teleworking in the working day.
Article added DOF 11-01-2021
Article 330-I .- The mechanisms, operating systems and any technology used to monitor teleworking must be proportional to its purpose, ensuring the right to privacy of workers under the modality of teleworking, and respecting the applicable legal framework for the protection of personal data.
Only video cameras and microphones may be used to supervise telework in an extraordinary way, or when the nature of the functions performed by the worker under the telework modality requires it.
Article added DOF 11-01-2021
Article 330-J - The special conditions of safety and health for the work developed under this Chapter shall be established by the Ministry of Labor and Social Welfare in a Mexican Official Standard, which shall consider ergonomic, psychosocial factors, and other risks that could cause adverse effects to life, physical integrity or health of workers who work in the modality of teleworking.
Article added DOF 11-01-2021
Article 330-K .- The Labor Inspectors have the following special powers and duties:
I. To verify that the employers keep record of the inputs delivered to the workers in the modality of teleworking, in compliance with the obligations of safety and health at work;
II. To ensure that salaries are not lower than those paid in the company to a worker with the same or similar functions;
III. Verify due compliance with the special obligations established in this Chapter.
Article added DOF 11-01-2021
CHAPTER XIII
Domestic Workers
Title of the Chapter amended DOF 01-05-2019, 02-07-2019
Article 331 .- A domestic worker is a person who, in a remunerated manner, performs care, cleaning, assistance or any other activity inherent to the household within the framework of an employment relationship that does not provide the employer with direct economic benefit, in accordance with the daily or weekly working hours established by law, in any of the following modalities:
I . Domestic workers who work for an employer and reside in the domicile where they carry out their activities.
II . Domestic workers who work for an employer and who do not reside in the domicile where they perform their activities.
III . Domestic workers who work for different employers and who do not reside in the domicile of any of them.
Article reformed DOF 01-05-2019, 02-07-2019
Article 331 Bis .- The hiring of adolescents under fifteen years of age for domestic work is prohibited.
In the case of adolescents over fifteen years of age, in order to hire them, the employer must:
I . Request a medical certificate issued by a public health institution at least twice a year.
II . To establish working hours that do not exceed, under any circumstances, six (6) hours of work per day and thirty-six (36) hours per week.
III . Avoid hiring adolescents over fifteen years of age who have not completed at least secondary education, unless the employer ensures that they complete it.
In the event that the adolescent lives in the home where she performs her activities and provides her services for only one person, it must be ensured that the space where she spends the night is safe.
All provisions of this article are subject to the supervision of the competent labor authority.
Article added DOF 02-07-2019
Article 331 Ter .- Domestic work shall be established by written contract, in accordance with national legislation or collective bargaining agreements, which shall include as a minimum:
I. The name and surname of the employer and of the household worker;
II. The address of the usual place of work;
III. The date of commencement of the contract and, when the contract is entered into for a specific period, its duration;
IV. The type of work to be performed;
V. The remuneration, the method of calculation thereof and the periodicity of payments;
VI. Working hours;
VII. Paid annual leave and daily and weekly rest periods;
VIII. Provision of food and lodging, when appropriate;
IX. The conditions relating to the termination of the employment relationship, and
X. The work tools that will be provided for the correct performance of work activities.
Food intended for domestic workers must be hygienic and nutritious, and of the same quality and quantity as that intended for consumption by the employer.
It is prohibited to request proof or proof of non-pregnancy for the hiring of a woman as a domestic worker; and a pregnant worker may not be dismissed; if such is the case, the dismissal shall be presumed to be discrimination.
In the event that the employer requires the domestic worker to wear a uniform or work clothes, the cost thereof shall be borne by the employer.
The employment contract shall be established without distinction of conditions, as it concerns migrant domestic workers.
Any type of discrimination is prohibited, in terms of articles 1°. of the Political Constitution of the United Mexican States, and 1, section III of the Federal Law to Prevent and Eliminate Discrimination, at all stages of the labor relationship and in the establishment of working conditions, as well as any treatment that violates the dignity of domestic workers.
Article added DOF 02-07-2019
Article 332 - A person is not considered a domestic worker and consequently is subject to the general or specific provisions of this Law:
I . Whoever performs household work only on an occasional or sporadic basis.
II . Whoever provides housekeeping, assistance, customer service and other similar services in hotels, nursing homes, restaurants, inns, bars, hospitals, sanatoriums, schools, boarding schools and other similar establishments.
Article reformed DOF 01-05-2019, 02-07-2019
Article 333 .- Domestic workers residing in the domicile where they carry out their activities shall enjoy a minimum daily night rest of nine consecutive hours, and a minimum daily rest of three hours between morning and evening activities, without the daily daytime working day exceeding the eight hours established in this Law.
The periods during which domestic workers do not freely dispose of their time and remain at the disposal of the household to respond to possible requirements of their work and/or when the hours established in the Law for each type of workday are exceeded, shall be considered as overtime, in accordance with the provisions of Articles 58 to 68 of this ordinance.
Article amended DOF 30-11-2012, 01-05-2019, 02-07-2019
Article 334 .- Employers shall in all cases guarantee food for domestic workers.
Paragraph added DOF 02-07-2019
In those cases in which the worker resides in the domicile where he/she carries out his/her activities, he/she will be guaranteed, in addition to food, room and board.
Paragraph added DOF 02-07-2019
Except as expressly agreed, the remuneration of the domestic worker includes, in addition to the payment in cash, food and lodging. For the purposes of this Law, food and lodging shall be deemed equivalent to 50% of the salary paid in cash.
The salary to which they are entitled may be paid by bank transfer or any other legal means of monetary payment, with the consent of the domestic worker concerned.
Paragraph added DOF 02-07-2019
Article amended DOF 01-05-2019
Article 334 Bis .- Domestic workers shall have the following benefits in accordance with the provisions of this Law and shall be included in the mandatory social security system:
a . Vacation;
b . Vacation bonus;
c . Rest day pay;
d . Mandatory access to social security;
e . Aguinaldo; and
f . Any other benefits that may be agreed between the parties.
Article added DOF 02-07-2019
Article 335 - The National Commission on Minimum Wages shall fix the minimum professional wages to be paid to domestic workers.
Article amended DOF 21-01-1988, 02-07-2019
Article 336 .- Domestic workers are entitled to a weekly rest of one and a half uninterrupted days, preferably on Saturday and Sunday. By agreement between the parties, the accumulation of the half days in periods of two weeks may be agreed upon, but a full day of rest shall be enjoyed in each week.
The weekly rest days shall apply to domestic workers in accordance with the provisions of this article.
Domestic workers shall be entitled to the mandatory rest days provided for in Article 74 of this Law.
For the purposes of the preceding paragraphs, in the event that these days are worked, the rules set forth in this Law shall apply.
Article amended DOF 21-01-1988, 30-11-2012, 01-05-2019, 02-07-2019
Article 336 Bis .- The vacations granted to domestic workers shall be governed by the provisions of Title Three, Chapter IV of this Law.
Article added DOF 02-07-2019
Article 337 - Employers have the following special obligations:
I. To show consideration to the domestic worker, refraining from any bad treatment in word or deed.
Reformed fraction DOF 01-05-2019
II . Provide the worker with comfortable and hygienic housing, healthy and sufficient food, and working conditions that ensure life and health; and
Section amended DOF 30-11-2012
III. The employer shall cooperate for the general instruction of the domestic worker, in accordance with the norms dictated by the corresponding authorities.
Reformed fraction DOF 01-05-2019
IV. Register the employee with the Mexican Social Security Institute and pay the corresponding fees in accordance with the applicable regulations.
Fraction added DOF 01-05-2019
Article 337 Bis .- Migrant domestic workers, in addition to the provisions of this chapter, shall be governed by the provisions of Articles 28, 28 A of this Law, international treaties to which the Mexican State is a party and other applicable legal provisions.
Article added DOF 02-07-2019
Article 338 .- Repealed.
Article amended DOF 01-05-2019. Repealed DOF 02-07-2019
Article 339 .- Repealed.
Article repealed DOF 02-07-2019
Article 340 .- Repealed.
Article amended DOF 01-05-2019. Repealed DOF 02-07-2019
Article 341 . - The failure to comply with the obligations set forth in this Law is cause for termination of employment relationships.
Unjustified dismissal of domestic workers will be considered to be all those contemplated in this Law, as well as those that occur for reasons of gender violence in the workplace in an explicit manner and discrimination as established in Article 1 of the Political Constitution of the Mexican States and the applicable legislation.
For the purposes of the preceding paragraph, the indemnity shall be that provided for in Article 50 of these bylaws.
Article amended DOF 02-07-2019
Article 342 .- Domestic workers may terminate the employment relationship at any time by giving eight days' notice to the employer.
Article reformed DOF 01-05-2019, 02-07-2019
Article 343 - The employer may terminate the employment relationship within thirty days following the commencement of the work, and at any time, by giving eight days' notice to the domestic worker, paying the corresponding indemnity in accordance with the provisions of Articles 49, section IV, and 50.
Article amended DOF 02-07-2019
Chapter XIII Bis
Workers in Mines
Chapter added DOF 30-11-2012
Article 343-A . The provisions of this chapter are applicable to all coal mines in the Mexican Republic, and to all mining developments in any of its mining stages, whether prospecting, preparation, exploration and exploitation, regardless of the type of exploration and exploitation in question, whether subway mines, drag mines, open pits, inclined and vertical mines, as well as extraction in any of its modalities, carried out in an artisanal manner, which, for the purposes of this Law, are considered work centers.
Article added DOF 30-11-2012
Article 343-B . Every work center must have an occupational health and safety management system and a person responsible for its operation, designated by the employer, under the terms established in the applicable regulations.
Article added DOF 30-11-2012
Article 343-C . Regardless of the obligations imposed by this Law or other regulatory provisions, the employer is obliged to:
I . Provide and maintain in hygienic conditions facilities for its workers to wash and eat;
II . To have, before and during exploration and exploitation, the plans, studies and analyses necessary for the activities to be carried out in safe conditions, which must be updated each time there is a relevant modification in the work processes;
III . Inform workers in a clear and understandable manner of the risks associated with their activity, the dangers that these imply for their health and the applicable prevention and protection measures;
IV . Provide the necessary personal protective equipment, in order to prevent the occurrence of occupational hazards and train workers regarding its use and operation;
V . To have adequate ventilation and fortification systems in all subway operations, which shall have at least two exit routes from any work front, communicating with each other;
VI . Establish an adequate supervision and control system in each shift and work front, to ensure that the operation of the mine is carried out under safe conditions;
VII . To implement a registry and system that allows knowing with precision the names of all the people who are in the mine, as well as to keep a control of entrances and exits of the mine;
VIII . Suspend activities and arrange for the evacuation of workers to a safe place in case of imminent risk to their health and safety; and
IX . Not to hire or allow the hiring of minors under 18 years of age.
The operators of the concessions that cover the mining lots in which the work centers referred to in this Chapter are located must ensure that the employer complies with its obligations. The operators of the mining concessions shall be vicariously liable in the event of an event in which one or more workers suffer partial or total permanent disability, or death, derived from such event.
Article added DOF 30-11-2012
Article 343-D . Workers may refuse to render their services, provided that the Joint Safety and Hygiene Commission confirms that:
I. Do not have the proper training and instruction to enable them to identify the risks to which they are exposed, how to avoid exposure to them and how to perform their work safely.
II. The employer does not provide them with personal protective equipment or does not train them in its correct use.
III. Identify situations of imminent risk that may endanger their life, physical integrity or health or those of their co-workers.
When workers become aware of situations of imminent risk, they must withdraw from the workplace exposed to that risk, informing the employer, any of the members of the Health and Safety Commission or the Labor Inspection of this circumstance.
Once the Labor Inspectorate is informed, by any means or form, that a situation of imminent risk exists, it must verify the existence of such risk, through the Labor Inspectors it commissions for such purpose, and immediately order corrective or preventive safety and health measures in order to safeguard the life, physical integrity or health of the workers. Such measures may consist of the total or partial suspension of the mine's activities and even the restriction of the workers' access to the work center until the necessary safety measures are adopted to prevent the occurrence of an accident.
In the event that an employer refuses to receive the labor authority, the latter may request the assistance of the Federal, State or Municipal public forces, as the case may be, to enter the work center and comply with its functions of monitoring compliance with labor regulations. The Labor Inspection must notify this circumstance to the mining authority so that it may proceed to the suspension of mining works and works under the terms of the Law of the matter.
Article added DOF 30-11-2012
Article 343-E . The following penalties shall apply to those responsible and directly in charge of the operation and supervision of mining works and developments, who fraudulently or negligently fail to implement the safety measures provided for in the regulations, and who have been previously identified in writing in a well-founded and reasoned opinion of the competent authority:
I . A fine of up to 2,000 times the Unidad de Medida y Actualizacion y Actual, when due to its omission an occupational hazard is produced, which generates a partial permanent disability to one or more workers;
Reformed fraction DOF 01-05-2019
II . A fine of up to 3,500 times the Unit of Measurement and Updating, when due to its omission an occupational hazard is produced, which generates a total permanent disability to one or more workers, and
Reformed fraction DOF 01-05-2019
III. A fine of up to 5,000 times the Unidad de Medida y Actualizacion, when due to its omission an occupational hazard occurs, resulting in the death of the worker.
Fraction added DOF 01-05-2019
The above, without prejudice to the fact that the Labor Inspection Office or the Court hearing the case may refer the facts to the Public Prosecutor's Office.
Paragraph added DOF 01-05-2019
Article added DOF 30-11-2012
CHAPTER XIV
Work in hotels, restaurants, bars and other similar establishments
Article 344 - The provisions of this chapter apply to workers in hotels, nursing homes, restaurants, inns, cafes, bars and other similar establishments.
Article 345 - The National Minimum Wage Commission shall fix the minimum professional wages to be paid to these workers.
Article amended DOF 21-01-1988
Article 346 - Tips are part of the salary of the workers referred to in this chapter under the terms of Article 347.
Employers may not reserve or have any participation in them.
Article 347 .- If a percentage is not determined, as a gratuity, on consumption, the parties shall fix the increase to be made to the base salary for the payment of any indemnity or benefit that corresponds to the workers. The salary fixed for these purposes shall be remunerative, taking into consideration the importance of the establishment where the services are rendered.
Article 348 .- The food provided to the workers shall be healthy, abundant and nutritious.
Article 349 - The workers are obliged to attend with care and courtesy to the clientele of the establishment.
Article 350 - The Labor Inspectors have the following special powers and duties:
I . Monitor that the food provided to workers is healthy, abundant and nutritious;
II . Verify that the tips correspond in their totality to the workers; and
III . Overseeing that the rules on working hours are respected.
CHAPTER XV
Family industry
Article 351 .- Family workshops are those in which only spouses, their ascendants, descendants and wards work.
Article 352 .- The provisions of this Law do not apply to family workshops, with the exception of the norms related to hygiene and safety.
Article 353 - The Labor Inspection shall monitor compliance with the rules referred to in the preceding article.
CHAPTER XVI
Work of Resident Physicians in Training Period in a Specialty
Chapter added DOF 30-12-1977
Article 353-A .- For the purposes of this Chapter, the following definitions shall apply:
I . Resident Physician: The medical professional with a legally issued degree and registered before the competent authorities, who enters a Medical Unit Receiving Residents, to complete a residency.
II . Medical Unit Receiving Residents: The hospital establishment in which residencies may be completed, which, for the purposes of the General Health Law, requires the specialization of medical professionals; and
Section amended DOF 30-11-2012
III . Residency: The set of activities to be performed by a Resident Physician in training period; to perform postgraduate studies and practices, regarding the health discipline to which he/she intends to dedicate, within a Medical Unit Receiving Residents, during the time and according to the requirements indicated by the respective academic dispositions.
Article added DOF 30-12-1977
Article 353-B .- The labor relations between the Resident Physicians and the legal or physical person to whom the Medical Unit Receiving Residents reports, shall be governed by the provisions of this Chapter and by the stipulations contained in the respective contract, insofar as they do not contradict them.
Article added DOF 30-12-1977
Article 353-C .- The following are special rights of the Resident Physicians, which shall be included in the contracts granted, in addition to those provided for in this Law:
I. To enjoy the benefits that are necessary for the fulfillment of the Residence;
II. Exercise their Residency until concluding their specialty, as long as they comply with the requirements established in this Chapter.
Article added DOF 30-12-1977
Article 353-D .- The following are special obligations of the Resident Physician:
I. Complete the academic instruction and training stage, in accordance with the academic teaching program in effect at the Medical Unit Receiving Residents;
II. Comply with the orders of the persons designated to give training or to direct the development of the work, in what concerns the former and the latter;
III. Comply with the internal dispositions of the Medical Unit Receiving Residents in question, insofar as they do not contradict those contained in this Law;
IV. Attend theory lectures, clinical, anatomoclinical, clinicoradiological, bibliographical sessions and other academic activities that are indicated as part of the specialization studies;
V. Remain in the Medical Unit Receiving Residents, under the terms of the following article; and
VI. Submit to and pass the periodic tests to evaluate the knowledge and skills acquired, in accordance with the academic dispositions and administrative norms of the corresponding Unit.
Article added DOF 30-12-1977
Article 353-E .- Within the time that the Resident Physician must remain in the Medical Unit Receiving Residents, according to the respective teaching provisions, the working day is included, together with the training in the specialty, both in relation to patients and in the other forms of study or practice, and the periods to enjoy rest and eat food.
Article added DOF 30-12-1977
Article 353-F .- The employment relationship shall be for a fixed term, not less than one year nor longer than the duration of the period of residence required to obtain the corresponding Certificate of Specialization, taking into account the causes for termination set forth in Article 353. G.
In relation to this Chapter, the provisions of Article 39 of this Law shall not apply.
Article added DOF 30-12-1977
Article 353-G .- The following are special causes for termination of the employment relationship, without liability for the employer, in addition to those set forth in Article 47:
I. Failure to comply with the obligations referred to in Sections I, II, III and VI of Article 353;
II. Violation of the technical or administrative norms necessary for the operation of the Medical Unit Receiving Residents in which the residency is performed;
III. The commission of misconduct against the rules of conduct of the medical profession, as set forth in the Internal Work Regulations of the Medical Unit Receiving Residents.
Article added DOF 30-12-1977
Article 353-H .- The causes for termination of the employment relationship are, in addition to those established in Article 53 of this Law:
I. Completion of the Specialization Program;
II. The academic suppression of studies in the Specialty in the branch of Medicine that interests the Resident Physician.
Article added DOF 30-12-1977
Article 353-I - The provisions of this Chapter shall not be applicable to those persons who exclusively receive training courses, as part of their professional training, in health institutions.
Article added DOF 30-12-1977
CHAPTER XVII
Work at Universities and Higher Education Institutions Autonomous by Law
Chapter added DOF 10-20-1980
Article 353-J .- The provisions of this Chapter apply to labor relations between administrative and academic workers and universities and institutions of higher education autonomous by law and are intended to achieve balance and social justice in labor relations, in such a way that they are consistent with the autonomy, freedom of teaching and research and the purposes of these institutions.
Article added DOF 20-10-1980
Article 353-K .- Academic worker is the individual who renders teaching or research services to the universities or institutions referred to in this Chapter, in accordance with the plans and programs established by the same, Administrative worker is the individual who renders non-academic services to such universities or institutions.
Article added DOF 20-10-1980
Article 353-L .- It corresponds exclusively to the universities or autonomous institutions by law to regulate the academic aspects.
In order for an academic employee to be considered subject to an indefinite-term employment relationship, in addition to the work performed by the employee, he/she must be approved in the academic evaluation carried out by the competent body in accordance with the requirements and procedures established by the universities or institutions themselves.
Article added DOF 20-10-1980
Article 353-M - The academic worker may be hired on a full-time or part-time basis. Academic workers dedicated exclusively to teaching may be hired on an hourly basis.
Article added DOF 20-10-1980
Article 353-N .- It is not a violation of the principle of equality of salaries to fix different salaries for equal work if it corresponds to different academic categories.
Article added DOF 20-10-1980
Article 353-Ñ .- The unions and the boards of directors thereof that are constituted in the universities or institutions referred to in this Chapter, shall only be formed by the workers who render their services in each one of them and shall be:
I. Academic personnel;
II. Administrative personnel, or
III. Institutional if it includes both types of workers.
Article added DOF 20-10-1980
Article 353-O .- The unions referred to in the preceding article must be registered before the Registration Authority established by this Law.
Article added DOF 20-10-1980. Amended DOF 01-05-2019
Article 353-P .- For the purposes of collective bargaining between universities and institutions and their corresponding unions, the rules set forth in Article 388 shall be followed. For such purposes, the union of the institution shall be treated as a company union and the unions of academic personnel or administrative personnel shall be treated as a trade union.
Article added DOF 20-10-1980
Article 353-Q .- In collective bargaining agreements, the provisions relating to academic workers shall not extend to administrative workers, nor vice versa, unless expressly agreed.
In no case may these contracts establish for the academic personnel the exclusive admission or separation for expulsion referred to in Article 395.
Article added DOF 20-10-1980
Article 353-R - In strike proceedings, notice for the suspension of work must be given at least ten days prior to the date set for the suspension of work.
In addition to the cases provided for in Article 935, prior to the suspension of the work, the parties or, failing this, the Court, after hearing the parties, shall determine the number of workers required to continue working in order to ensure the continuation of the work whose suspension would irreparably prejudice the proper conduct of an investigation or experiment in progress.
Amended paragraph DOF 01-05-2019
Article added DOF 20-10-1980
Article 353-S .- It is repealed.
Article added DOF 20-10-1980. Amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 353-T .- It is repealed.
Article added DOF 10-20-1980. Repealed DOF 01-05-2019
Article 353-U .- The workers of the universities and institutions referred to in this Chapter shall enjoy social security systems under the terms of their organic laws, or in accordance with the agreements entered into based thereon. These benefits may never be less than the minimums established by the Political Constitution of the United Mexican States and this Law.
Article added DOF 20-10-1980
TITLE SEVENTH
Collective Labor Relations
CHAPTER I
Coalitions
Article 354 - The Law recognizes the freedom of coalition of workers and employers.
Article 355 - Coalition is the temporary agreement of a group of workers or employers for the defense of their common interests.
CHAPTER II
Trade unions, federations and confederations
Article 356 - Union is the association of workers or employers, constituted for the study, improvement and defense of their respective interests.
Article 357 - Workers and employers, without any distinction and without prior authorization, have the right to form the organizations they deem convenient, as well as to join them, with the sole condition of observing their bylaws.
Amended paragraph DOF 01-05-2019
Workers' and employers' organizations shall enjoy adequate protection against any act of interference by one with respect to the other, whether carried out directly or through their representatives in their constitution, operation or administration.
Paragraph added DOF 01-05-2019
Actions or measures tending to encourage the formation of workers' organizations dominated by an employer or an organization of employers, or to support in any way workers' organizations with the purpose of placing them under their control, are considered acts of interference. The benefits agreed upon in the collective bargaining agreement shall not be considered acts of interference.
Paragraph added DOF 01-05-2019
Any undue interference will be sanctioned as provided by law.
Paragraph added DOF 30-11-2012
Article 357 Bis .- The recognition of the legal personality of workers' and employers' organizations, as well as their federations and confederations, shall not be subject to conditions that imply any restriction to their guarantees and rights, among them a:
I. To draft its bylaws and administrative regulations;
II.To freely elect their representatives;
III.To organize its administration and activities;
IV. To formulate its action program;
V. To form such organizations as they deem convenient, and
VI. They shall not be subject to dissolution, suspension or cancellation by administrative means.
Article added DOF 01-05-2019
Article 358 - The members of the unions, federations and confederations have the rights of free affiliation and participation within them, which imply the following guarantees:
I. No one may be forced to join or not to join a union, federation or confederation. Any stipulation that deviates in any way from this provision shall be deemed not to have been made;
II. The procedures for the election of its officers shall safeguard the full exercise of the personal, free, direct and secret vote of the members, as well as shall comply with democratic rules and gender equality, in terms of Article 371 of this Law. The term of office of the board of directors may not be indefinite or of such a duration as to hinder the democratic participation of the members, nor may it be detrimental to the right to vote and be voted for;
III. Sanctions imposed by unions, federations and confederations on their members shall be in accordance with the provisions of the Law and the bylaws; for such purpose, the rights of hearing and due process of the involved party shall be complied with.
IV. The officers of the unions, federations and confederations shall render a complete and detailed account of the administration of their assets, in terms of Article 373 of this Law.
Paragraph with reformed fractions DOF 01-05-2019
Any stipulation that establishes a conventional fine in case of separation from the union or that deviates in any way from the provision contained in the preceding paragraph shall be deemed not to have been made.
Article 359 .- Trade unions have the right to draw up their statutes and rules, freely elect their representatives, organize their administration and activities and formulate their program of action.
Article 360 .- Workers' unions may be:
I . Guilds, those formed by workers of the same profession, trade or specialty;
II . Company, those formed by workers who render their services in the same company;
III . Industrial, those formed by workers who render their services in two or more companies of the same industrial branch;
IV . National of industry, those formed by workers rendering their services in one or more companies of the same industrial branch, installed in two or more Federal Entities; and
V . Of various trades, those formed by workers of different professions. These unions may only be formed when in the municipality in question the number of workers of the same profession is less than twenty.
The above classification is for illustrative purposes only and shall not prevent workers from organizing themselves in the manner they choose.
Paragraph added DOF 01-05-2019
Article 361 .- Employer unions may be:
I. Those formed by employers of one or several branches of activities; and
II. National, those formed by employers of one or several branches of activities of different Federal Entities.
Article 362 . Workers over fifteen years of age may be members of trade unions.
Article amended DOF 12-06-2015
Article 363 - Workers of trust may not join the unions of other workers. The statutes of the unions may determine the status and rights of their members, who are promoted to a position of trust.
Article 364 - Labor unions must be constituted with a minimum of twenty workers or at least three employers. In the case of labor unions, when a controversy arises before the Courts regarding their incorporation, in order to determine the minimum number, consideration shall be given to those whose employment relationship has been rescinded or terminated within sixty calendar days prior to the date of such incorporation.
Federations and confederations shall be formed by at least two trade union organizations.
Article amended DOF 01-05-2019
Article 364 Bis .- In the registration of unions, federations and confederations, as well as in the updating of union directives, the principles of autonomy, equity, democracy, legality, transparency, certainty, gratuitousness, immediacy, impartiality and respect for union freedom and its guarantees shall be observed.
In the case of updating the union directive, the Registration Authority shall issue it within ten days after the request is made, and shall proceed in such a way as not to leave the union in a state of defenselessness.
In matters of union registration and updating, the will of the workers and the collective interest shall prevail over formal aspects.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Article 365 - Trade unions must register with the Federal Center for Labor Conciliation and Registration, for which purpose they shall submit an original and a copy:
Amended paragraph DOF 01-05-2019
I. Authorized copy of the minutes of the constitutive assembly;
II. An authorized list or lists with the number, names, CURP and addresses of its members, which shall also contain:
a) In the case of those made up of workers, the name and address of the employers, companies or establishments where the services are rendered.
b) In the case of those formed by employers, the name and addresses of the companies where there are workers.
Reformed fraction DOF 01-05-2019
III. Authorized copy of the bylaws, covering the requirements established in article 371 of this Law, and
Reformed fraction DOF 01-05-2019
IV. Authorized copy of the minutes of the meeting at which the board of directors was elected.
The documents referred to in the preceding sections shall be authorized through the signature of the Secretary General or homologous, in terms of Article 376 of this Law, except as provided in the bylaws.
Amended paragraph DOF 01-05-2019
Article 365 Bis .- The Federal Center for Labor Conciliation and Registration shall make public, for consultation by any person, duly updated, the information on the records of the unions. Likewise, it shall issue copies of the documents contained in the registration files that are requested, in terms of Article 8 of the Constitution and the provisions of the General Law on Transparency and Access to Public Information.
Amended paragraph DOF 01-05-2019
The full text of the union registration documents, the toma de nota, the bylaws, the minutes of assemblies and all documents contained in the union registration file must be available on the websites of the Federal Center for Labor Conciliation and Registration (Centro Federal de Conciliación y Registro Laboral).
Amended paragraph DOF 01-05-2019
Union records shall contain at least the following data:
I. Address;
II. Registration number;
III. Name of the union;
IV. Name of the members of the Executive Committee;
V. Effective date of the Executive Committee;
VI. Number of members;
Reformed fraction DOF 01-05-2019
VII. Labor union to which they belong, if applicable.
VIII. List of members.
Fraction added DOF 01-05-2019
With respect to the documents contained in the registration file of the associations, only the addresses and CURP of the workers indicated in the membership lists will be classified as confidential information, in terms of the last paragraph of Article 78 of the General Law of Transparency and Access to Public Information.
Paragraph added DOF 01-05-2019
The indexes should be updated every three months.
The unions, federations and confederations may request from the Federal Center for Labor Conciliation and Registration certified or simple copies of the documents contained in their respective files; they will also be issued to any person who so requests, in terms of the applicable legislation on access to information.
Paragraph added DOF 01-05-2019
Article added DOF 30-11-2012
Article 366 - Registration may be refused only:
I. If the union does not intend the purpose provided for in Article 356;
II. If it was not constituted with the number of members set forth in Article 364; and
III. If the documents referred to in Article 365 are not exhibited.
Section amended DOF 30-11-2012
When the applicant does not comply with any of the above requirements, in order to safeguard the right of association, the Registration Authority will warn him within the following five days to correct his request, specifying the terms in which he must do so.
Paragraph added DOF 01-05-2019
Once the requirements established for the registration of labor unions have been met, the Registration Authority may not deny registration.
Amended paragraph DOF 01-05-2019
If the Registration Authority does not resolve within a term of twenty days, the applicants may request it to issue a resolution, and if it does not do so within the three days following the filing of the application, the registration shall be deemed to have been made for all legal purposes, and the authority shall be obliged, within the following three days, to issue the respective certificate.
Amended paragraph DOF 30-11-2012, 01-05-2019
Article 367 .- The following is repealed
Article repealed DOF 01-05-2019
Article 368 - The registration of the union and its officers, granted by the Federal Center for Labor Conciliation and Registration, shall be effective before all authorities.
Erratum to the article DOF 05-06-1970. Amended DOF 01-05-2019
Article 369 - The registration of trade unions, federations and confederations may only be cancelled:
Amended paragraph DOF 01-05-2019
I. In case of dissolution; and
II. For no longer having the legal requirements.
III. It will be considered that a union fails to comply with its object or purpose when its leaders, attorneys-in-fact or legal representatives incur in acts of extortion against employers, demanding payment in money or in kind to desist from a strike call or to refrain from initiating or continuing a claim of ownership of a collective bargaining agreement. Consequently, this proven conduct may serve as a basis for the cancellation of the union registration through the courts, regardless of the liabilities that may arise from the commission of such criminal conduct.
Section added DOF 01-05-2019
The Courts will decide on the cancellation of its registration.
Amended paragraph DOF 01-05-2019
Article 370 - Unions are not subject to dissolution, suspension or cancellation of their registration, by administrative means.
Article 371 . The statutes of trade unions shall contain:
I. A name that distinguishes it from others;
II. Address;
III. Object;
IV. Duration. In the absence of this provision, the union shall be deemed to be constituted for an indefinite term;
V. Conditions for admission of members;
VI. Obligations and rights of the associates;
VII. Grounds and procedures for expulsion and disciplinary corrections. In cases of expulsion, the following rules shall be observed:
a) The assembly of workers shall meet for the sole purpose of hearing the expulsion.
b) In the case of unions integrated by sections, the expulsion procedure shall be carried out before the assembly of the corresponding section, but the expulsion agreement shall be submitted to the decision of the workers of each of the sections that make up the union.
c) The employee concerned shall be heard in defense, in accordance with the provisions contained in the bylaws.
d) The assembly shall hear the evidence that serves as the basis for the proceeding and the evidence offered by the affected party.
e) Workers may not be represented or cast their vote in writing.
f) Expulsion must be approved by a two-thirds majority of the total membership of the union.
g) Expulsion may only be decreed in cases expressly set forth in the bylaws, duly verified and exactly applicable to the case;
VIII. Manner of calling a meeting, time of holding the ordinary meetings and quorum required for the meeting. In the event that the board does not call the meetings provided for in the bylaws in a timely manner, the workers representing at least thirty-three percent of the total members of the union or section may request the board to call the meeting, and if it does not do so within a term of ten days, the applicants may call the meeting, in which case, in order for the meeting to be held and adopt resolutions, two-thirds of the total members of the union or section must be present.
Resolutions shall be adopted by at least fifty-one percent of the total membership of the union or section;
Erratum to the paragraph DOF 30-04-1970
IX. Procedure for the election of the union officers and union sections, which shall be carried out through the exercise of direct, personal, free, direct and secret voting.
For this purpose, the bylaws shall observe the following rules:
a) The notice of election shall be issued with the autographed signature of the persons empowered to do so, specifying the date, time, place of the process and other statutory requirements;
b) The notice shall be published in the union premises and in the places of greatest affluence of members in the work center, at least ten days in advance;
c) The place determined for the holding of the electoral process, as well as the documentation and materials to be prepared for its realization, shall guarantee that the voting is carried out in a secure, direct, personal, free and secret manner;
d) A complete and updated list of the members of the union entitled to vote shall be drawn up, which shall be published and made known to them at least three days prior to the election;
e) Establish a procedure to ensure the identification of members entitled to vote; and
f) The documentation, material and ballots for the election for the integration of the internal bodies of the unions referred to in this subsection shall contain at least the following data and requirements:
1.- Municipality and federal entity in which the vote is to be held;
2.- Position for which the candidate or candidates are being nominated;
3.- Emblem and color of each of the slate of candidates participating in the election in question;
4.- The full name of the candidate or candidates to be elected, and
Ballots shall be validated on the reverse side with the signatures of at least two members of the Electoral Commission agreed upon by the union for such purposes.
The election procedure carried out by the members of a union with respect to the General Secretary or his equivalent at the national, state, sectional, local or municipal level, shall be carried out independently from the election of delegates to union congresses or conventions, complying with the requirements referred to in this subsection.
By virtue of the fact that these requirements are essential to express the free will of the union members, if they are not met, the election procedure shall be invalid, whether at the general or sectional level, as the case may be;
Reformed fraction DOF 30-11-2012, 01-05-2019
IX Bis. In the integration of the union leadership, proportional representation based on gender shall be established;
Fraction added DOF 01-05-2019
IX Ter. Rules for the integration and operation of a collegiate decision-making body, which shall be responsible for organizing and qualifying the election procedures of the union's internal bodies;
Fraction added DOF 01-05-2019
X. Term of office of the union officers and of the sectional representations. In the case of reelection, the assembly shall have the power to decide by means of a personal, free, direct and secret vote the term of office and the number of times the union officers may be reelected. The term of office and, if applicable, the reelection, shall respect the guarantees referred to in Article 358, Section II of this Law;
Reformed fraction DOF 01-05-2019
XI. Rules for the administration, acquisition and disposition of the union's assets and patrimony;
XII. Form of payment and amount of union dues;
XIII. Time and form of presentation of the complete and detailed account of the administration of the union assets and sanctions to its officers in case of noncompliance.
Amended paragraph DOF 01-05-2019
For such purposes, internal instances and procedures must be established to ensure the resolution of disputes among members regarding the management of union funds.
Section amended DOF 30-11-2012
XIV. Rules for the liquidation of the union's assets; and
XIV Bis. Procedure for carrying out the consultation of the workers by means of a personal, free and secret vote for the approval of the content of the initial collective bargaining agreements and their revisions. To such effect, the bylaws must observe the procedure contemplated in Article 390 Ter, Section II of this Law, and
Fraction added DOF 01-05-2019
XV. Other rules approved by the assembly.
Article 371 Bis .- Elections of union officers shall be subject to a system of verification of compliance with the requirements set forth in Section IX of Article 371 of this Law, in accordance with the following:
I. The unions may request the assistance of the Federal Center for Labor Conciliation and Registration or the Federal Labor Inspection of the Ministry of Labor and Social Welfare, for the purpose of certifying compliance with the aforementioned requirements. At the conclusion of the election, the authority performing the verification must draw up a record of the result of the election and the manner in which it was carried out, a copy of which will be delivered to the requesting union;
II. The request shall be made by the union officers or by at least thirty percent of the union's members, and
III. The Federal Center for Labor Conciliation and Registration may carry out this system of verification of the election of union officers in order to comply with the constitutional principles of certainty, reliability and legality, and those set forth in Article 364 Bis of this Law. In case of reasonable doubt as to the veracity of the documentation submitted, the Center may call and organize a recount to consult by means of a personal, free, direct and secret vote of the workers as to the sense of their decision.
Article added DOF 01-05-2019
Article 372 . Foreign workers may not be part of the board of directors of trade unions.
Amended paragraph DOF 12-06-2015
I. It is repealed.
Section repealed DOF 12-06-2015
II. It is repealed.
Section repealed DOF 12-06-2015
Article 373 - The union officers, under the terms set forth in its bylaws, shall render to the assembly at least every six months, a complete and detailed account of the administration of the union assets. The rendering of accounts shall include the situation of the income from union dues and other assets, as well as their destination, and minutes of such meeting shall be taken.
The minutes of the meeting rendering an account of the administration of the union assets must be delivered within the following ten days to the Federal Center for Labor Conciliation and Registration for its deposit and registration in the union registration file; this obligation may be fulfilled electronically.
The above information shall be delivered in writing to each member of the union in full, leaving a record of its receipt.
The obligations referred to in the preceding paragraphs are not dispensable.
At any time any employee shall have the right to request information from the board or the Registration Authority regarding the administration of the union's assets.
In the event that the workers have not received the information on the administration of the union assets, or deem the existence of irregularities in the management of the union funds, they may resort to the internal instances and procedures set forth in the bylaws, in terms of Article 371, Section XIII of this Law. If the existence of the aforementioned irregularities is proven, the person or persons responsible for such irregularities shall be sanctioned, following the investigation and resolution procedure established in the bylaws; if the bylaws do not provide for effective sanctions proportional to the seriousness of the conduct or omissions incurred, those responsible may be sanctioned by the competent union bodies with the suspension or removal from office, depending on the seriousness of the irregularity committed, without prejudice to the exercise of the other legal actions that may be applicable.
Notwithstanding the foregoing, if the corresponding information or clarifications are not provided, the employees may file a claim for compliance with such obligations before the corresponding court.
The employee may also go to the Registration Authority to denounce the above omission so that said authority may require the union to deliver the complete information on the administration of the union assets, warning the general and financial secretaries or counterparts in terms of Article 731 of this Law.
The exercise of the actions referred to in the preceding paragraphs shall in no way imply the loss of union rights, nor shall it be cause for the expulsion or dismissal of the non-conforming employee.
Article amended DOF 30-11-2012, 01-05-2019
Article 374 - Legally constituted unions, federations and confederations are legal persons and have the capacity to:
Amended paragraph DOF 01-05-2019
I . Acquire movable property;
II . To acquire the real property destined immediately and directly to the purpose of its institution; and
III . To defend their rights before all authorities and to exercise the corresponding actions.
IV. Establish mechanisms to promote the development and strengthening of the economy of its affiliates, and
Fraction added DOF 01-05-2019
V. Establish and manage cooperative societies and savings banks for its members, as well as any other analogous figure.
Fraction added DOF 01-05-2019
Article 375 .- The unions represent their members in the defense of the individual rights that correspond to them, without prejudice to the right of the workers to act or intervene directly, ceasing then, at the request of the worker, the intervention of the union.
Article 376 - The representation of the union shall be exercised by its General Secretary or by the person designated by its officers, unless otherwise provided in the bylaws.
The members of the union officers who are dismissed by the employer or who separate for causes attributable to the employer, shall continue to exercise their functions except as provided in the bylaws.
Amended paragraph DOF 01-05-2019
Article 377 . - The obligations of the unions are:
I. Provide the reports requested by the labor authorities, provided that they refer exclusively to their performance as unions;
II. Communicate to the Registration Authority, within a term of ten days, the changes in its board of directors and the amendments to the bylaws, attaching in duplicate an authorized copy of the respective minutes, and
Reformed fraction DOF 01-05-2019
III. Inform the same authority at least every three months, at least, of the registrations and cancellations of its members.
The obligations referred to in this article may be fulfilled through electronic means, under the terms determined by the Registration Authority.
Paragraph added DOF 30-11-2012. Amended DOF 01-05-2019
Article 378 .- Trade unions are prohibited:
I. Intervene in religious matters; and
II. Exercising the profession of merchants for profit.
III. Participate in contribution evasion schemes or non-compliance with employer obligations with respect to workers;
Fraction added DOF 01-05-2019
IV. Exercising acts of violence, discrimination, harassment or sexual harassment against its members, the employer, its representatives or its assets, or against third parties;
Fraction added DOF 01-05-2019
V. Participate in acts of simulation assuming the character of employer, with the purpose that the real employer evades his responsibilities;
Fraction added DOF 01-05-2019
VI. To record or use records indicating that votes or consultations with the workers have taken place without these having been carried out;
Fraction added DOF 01-05-2019
VII. Obstructing the participation of workers in the procedures for the election of their union officers, placing conditions without legal basis or any type of undue obstacle to exercise the right to vote and be voted for, and
Fraction added DOF 01-05-2019
VIII. Committing acts of extortion or obtaining gifts from the employer, outside of the collective bargaining agreement.
Fraction added DOF 01-05-2019
The hypotheses contained in sections IV, VI and VII of this article are considered violations of the fundamental rights to freedom of association and collective bargaining.
Paragraph added DOF 01-05-2019
Article 379 - Unions shall be dissolved:
I. By a vote of two thirds of the members of the Board of Directors; and
II. Upon expiration of the term established in the bylaws.
Article 380 - In the event of dissolution of the union, the assets shall be applied in the manner determined by its bylaws. In the absence of express provision, it shall pass to the federation or confederation to which it belongs, and if they do not exist, to the Mexican Social Security Institute.
Article 381 - Trade unions may form federations and confederations, which shall be governed by the provisions of this chapter, as applicable.
Article 382 - The members of the federations or confederations may withdraw from them at any time, even if there is an agreement to the contrary.
Article 383 .- The bylaws of federations and confederations, regardless of the applicable requirements of Article 371, shall contain:
I . Name and address and those of its constituent members;
II . Conditions of membership of new members; and
III . The manner in which its members shall be represented on the board and at meetings.
Article 384 - Federations and confederations must register with the Registration Authority.
Amended paragraph DOF 01-05-2019
The provisions of the final paragraph of article 366 are applicable to federations and confederations.
Article 385 - For the purposes of the preceding article, the federations and confederations shall submit in duplicate:
I. Authorized copy of the minutes of the constitutive assembly;
II. A list with the name and address of its members;
III. Authorized copy of the bylaws; and
IV. Authorized copy of the minutes of the meeting at which the board of directors was elected.
The documentation shall be authorized in accordance with the provisions of the final paragraph of Article 365.
CHAPTER III
Collective bargaining agreement
Article 386 - Collective bargaining agreement is the agreement entered into between one or more workers' unions and one or more employers, or one or more employers' unions, for the purpose of establishing the conditions under which work is to be performed in one or more enterprises or establishments.
Article 386 Bis .- The support of the workers by means of a personal, free and secret vote constitutes a guarantee for the protection of the freedom of collective bargaining and their legitimate interests. The demonstration of such support in accordance with the procedures established in Articles 390 Bis and 390 Ter, is of public order and social interest, therefore it is a requirement for the validity of collective bargaining agreements. The authorities, unions and employers will cooperate so that the consultation procedures are organized in such a way that the labor activities of the work centers are not affected.
Article added DOF 01-05-2019
Article 387 - The employer who employs workers who are members of a union shall be obliged to enter into a collective bargaining agreement with such union, upon request; in order to comply with the principles of representativeness in the union organizations and certainty in the signing, registration and deposit of the collective bargaining agreements, the requesting union must first have the Certificate of Representativeness issued by the Federal Center for Labor Conciliation and Registration, as referred to in Article 390 Bis.
If the employer refuses to sign the contract, the workers may exercise their right to strike as set forth in Article 450; the Certificate of Representation certifies that the union has the representation of the workers, and therefore it must be attached to the notice to strike as a requirement in terms of Article 920 of this Law.
The Certificate of Representativeness referred to in Article 390 Bis will be valid for six months from the date on which it is issued. In the event that a strike breaks out at the work center, the validity of said certificate will be extended until the conflict is concluded, and therefore, during its validity, no other request will be processed, nor will any other union or unions be admitted as part of the procedure.
Article amended DOF 01-05-2019
Article 388 .- If within the same company there are several unions, the following rules shall be observed:
I. If company or industrial unions, or both, concur, the collective bargaining agreement shall be entered into with the union that obtains the highest number of votes of the workers within the company;
Reformed fraction DOF 01-05-2019
II . If trade unions concur, the collective bargaining agreement shall be entered into with all the majority unions representing the professions, provided they agree. Otherwise, each union shall enter into a collective bargaining agreement for its own profession; and
III. If trade unions and company or industry unions concur, the former may enter into a collective bargaining agreement for their profession, provided that the number of workers in their favor is greater than the number of workers of the same profession who vote for the company or industry union.
Reformed fraction DOF 01-05-2019
The vote of the workers will be in accordance with the procedure contemplated in Article 390 Bis. The union or unions that in accordance with the provisions of this chapter obtain the majority of workers, as the case may be, will obtain the corresponding Certificate of Representativeness in order to request the execution and signature of the collective bargaining agreement in terms of Article 387.
Paragraph added DOF 01-05-2019
Article 389 - The loss of the majority referred to in the preceding article, declared by the Courts, after consulting the workers by means of a personal, free, direct and secret vote, produces the loss of the ownership of the collective bargaining agreement. For such effect, the union must promote the special collective procedure contemplated in Article 897 and subsequent articles of this Law before the competent Court.
Article amended DOF 01-05-2019
Article 390 - The collective bargaining agreement must be executed in writing, under penalty of nullity. It shall be drawn up in triplicate, one copy shall be delivered to each of the parties and the other copy shall be deposited with the Federal Center for Labor Conciliation and Registration, before which each of the parties must indicate an address. Said center must assign them an electronic mailbox.
Amended paragraph DOF 01-05-2019
The contract shall be effective from the date and time of presentation of the document, unless the parties have agreed on a different date.
For the registration of an initial collective bargaining agreement, the following documentation shall be submitted to the Federal Center for Labor Conciliation and Registration:
a) The documentation with which the contracting parties accredit their personality;
b) The collective bargaining agreement;
c) The Certificate of Representativeness referred to in Article 390 Bis of this Law, and
d) The scope of application of the collective bargaining agreement.
Paragraph with subparagraphs added DOF 01-05-2019
Once the above documentation has been submitted, the Federal Center for Labor Conciliation and Registration must resolve on the registration of the collective bargaining agreement within the following thirty days, such resolution will be notified to the parties.
Paragraph added DOF 01-05-2019
Article 390 Bis .- In order to request the execution of the initial collective bargaining agreement, it will be indispensable for the union to obtain from the Federal Center for Labor Conciliation and Registration the Certificate of Representativeness, in order to guarantee the principles of representativeness in union organizations and certainty in the signing, registration and deposit of collective bargaining agreements. This certificate will be issued in accordance with the following:
I. The request to obtain the Certificate of Representativeness shall be filed by one or more unions before the Federal Center for Labor Conciliation and Registration. Said request shall be made in writing and shall contain the name of the requesting party, as well as the address where the corresponding notifications will be made; likewise, the address and name or identification data of the employer or work center must be indicated, as well as the activity to which it is dedicated. Additionally, the request must be accompanied by a list showing that the requesting union has the support of at least thirty percent of the workers covered by the collective bargaining agreement; such list must include the name, CURP, date of hiring and autographic signature of the workers supporting the requesting union.
The Federal Center for Labor Conciliation and Registration will keep the list and the annexes exhibited by the applicant in secret and will take care under its strictest responsibility of the confidentiality of the list and the annexes.
If the mentioned data is not provided, the Registration Authority will warn the applicant within the following three days to correct the request, which must be done within the following three days after being notified.
The fact that the work center operates informally or under simulation schemes will not affect workers in the exercise of their freedom of collective bargaining and the defense of their interests;
II. The Federal Center for Labor Conciliation and Registration, within a term not to exceed three days from the filing of the application, shall publish on its website the notice of application for the Certificate of Representation, It will post such notice in the work center and will request the employer to place it inside the work center in the places of greatest affluence in order to inform the workers and any other union that wishes to obtain the Certificate of Representative status, so that the latter may promote its adhesion to the request, for which purpose the rules set forth in Article 388 of this Law will apply; said adhesive request may be filed in writing before the Federal Center for Labor Conciliation and Registration within ten days following the publication of the request notice, indicating the name of the adherent party, as well as its domicile to hear and receive notifications, and must be accompanied by the list that proves that it has the support of at least thirty percent of the workers covered by the collective bargaining agreement. It will not be an impediment for the adhesive application to be admitted if the names of the workers appear in two or more lists submitted by the unions;
III. The Federal Center for Labor Conciliation and Registration will decide whether the request for the Certificate of Representativeness is admissible; if it is admissible, it will issue the corresponding certificate. If only one union requests the certificate, its representativeness will be deemed accredited when it has the support of at least thirty percent of the workers covered by the collective bargaining agreement. In this case, the Center will request from the pertinent authorities and agencies the information necessary to verify that the workers contemplated in the list submitted by the requesting union represent at least thirty percent of the workers in the service of the employer from whom the signing of the collective bargaining agreement is requested.
If more than one union contests, the right to negotiate and sign the collective bargaining agreement will correspond to the union that obtains the highest number of votes in accordance with the rules set forth in Article 388 of this Law. In any case, the number of workers voting must be at least thirty percent of the workers covered by the collective bargaining agreement for which signature is requested. For the foregoing, the following consultation procedure must be observed:
a) The Federal Center for Labor Conciliation and Registration will validate that the disputing unions accredit the support of at least thirty percent of the workers covered by the collective bargaining agreement, in which case it will proceed to collect from the corresponding authorities or agencies the information or elements necessary to prepare a list, which will consist of a list of the workers of the work center that will be consulted by means of a personal, free, direct and secret vote, excluding workers in positions of trust or those who enter after the filing of the request. The workers who have been dismissed from work during the three months prior or subsequent to the filing of the application, with the exception of those who have terminated their employment relationship, unless it is sub iudice, will be part of the list.
If deemed necessary, the Federal Center for Labor Conciliation and Registration may request the support of the Labor Inspection Office or any other public servant authorized by the labor authorities for such purpose. If so requested by the requesting party, they must go to the work center to prepare the list in question, with the information or elements available at the time. The list that will serve as a basis for the consultation of the workers must be prepared by the Federal Center for Labor Conciliation and Registration no later than ten days following the filing of a second request for a certificate. The employer may not intervene in this procedure;
b) Once the list that will serve as the basis for the consultation of the workers has been formed, the Federal Center for Labor Conciliation and Registration will issue the corresponding call, indicating the place, day and hour in which the vote is to be held; the call will be issued at least ten days prior to the vote, but not more than fifteen days. Said Center must guarantee that the place designated for voting is accessible to the workers and meets the necessary conditions for them to cast their vote in a free, peaceful, agile and safe manner, without being able to be coerced in any way.
The notice will be notified to the requesting party and will be published electronically on the website of the Federal Center for Labor Conciliation and Registration (Centro Federal de Conciliación y Registro Laboral). It will also be posted in the work center in order to make it known to the workers who will participate in the vote;
c) Each requesting party may previously accredit before the Registration Authority two representatives for each voting place, who must be allowed to be present during the voting, specifically in the installation and accreditation of voters, as well as in the counting and tallying of votes, without being allowed to be in the assigned space where the workers cast their vote.
No person not involved in the procedure may be present at the voting, unless the registration authority has accredited him/her as an observer of the voting. Said authority shall take care and provide the necessary measures so that no unauthorized person may participate or intervene in the voting procedure;
d) The vote of the workers shall be made personally, freely, directly and secretly. For such purpose, the Registration Authority shall previously order to make as many ballots as workers have been accredited pursuant to this Article, which shall be duly numbered, sealed and authorized with the signature of the official commissioned by such authority; the ballots shall contain sufficient boxes of the same size, according to the number of requesting unions, in which the name of the union or unions participating in the vote shall appear;
e) At the time, date and place indicated in the call, the consultation will begin with the presence of the parties attending the same; prior to the entrance of the workers, the official commissioned by the Registration Authority will install the necessary partitions for the casting of the vote of the workers in secret, as well as the transparent ballot box or ballot boxes in which the votes will be deposited, verifying that they are empty. Afterwards, upon identification with a valid official document, the workers with the right to vote will be admitted and each one will be provided with a ballot to cast their vote.
During the voting procedure, no worker may wear a color, decals, emblems or any element that distinguishes him/her as a member or sympathizer of any of the petitioning unions;
f) The name of the voter shall not appear on the ballot, nor shall any sign or data be recorded on the list that would make it possible to identify the folio of the ballot delivered to the voter. The official commissioned by the Registration Authority shall provide the worker with his ballot, who shall go to the partition placed to mark it in absolute secrecy.
Once the worker has marked his ballot, he shall fold it to avoid showing the direction of his vote and shall deposit it in the ballot box placed for such purpose, and shall leave the voting place;
g ) Once the voting is concluded, the authorized officer of the Registration Authority shall proceed to count the votes, opening each ballot box successively, removing each ballot one by one, examining them to corroborate their authenticity and exhibiting them to the representatives of the parties. The uncrossed ballots and those marked in more than one box shall be considered invalid, and the ballots shall be placed separately according to the direction of each vote, while the invalid ballots shall be placed separately;
h) Thereupon, the authorized officer shall proceed to count the votes and announce the result in a loud voice;
i) In the event of acts of coercion or intimidation to prevent the workers from exercising their vote in full freedom, or if they are attempted to obstruct or prevent them in any way from accessing the place of the proceeding, the authorized official shall request the assistance of the public force and shall take the measures he deems appropriate to hold the voting under the conditions established in this Law; if the existence of any illegal act is presumed, he shall file the corresponding complaint;
j) At the conclusion of the consultation, the authorized officer shall draw up minutes of the same and shall request the representatives of the parties to sign them. The refusal of the latter to sign shall not affect the validity of the record, and
k) The Federal Center for Labor Conciliation and Registration shall decide whether the request for the Certificate of Representativeness is admissible; if it is admissible, it shall issue the corresponding certificate.
Article added DOF 01-05-2019
Article 390 Ter .- For the registration of an initial collective bargaining agreement or a revision agreement, the Federal Center for Labor Conciliation and Registration shall verify that its content is approved by the majority of the workers covered thereby through a personal, free and secret vote. The procedure for consultation with the workers will be carried out in accordance with the following:
I. Once the terms of the initial collective bargaining agreement or the respective revision agreement have been agreed with the employer, the union representing the workers will give notice to the Federal Center for Labor Conciliation and Registration, in writing or electronically, that it will submit the approval of the content of the agreement to a consultation of the workers. The notice must be given at least ten days prior to the consultation.
The notice referred to in the preceding paragraph will indicate the day, time and place where the workers will be consulted by means of a personal, free and secret vote, and must attach a copy of the contract or agreement negotiated and signed by the parties. Likewise, the union must issue the corresponding call, indicating the place, day and hour in which the vote is to be held; the call must be issued at least ten days prior to the vote, but not more than fifteen days;
II. The consultation procedure to be carried out with the workers shall cover the following requirements:
a) The union shall promptly make available to the workers a printed or electronic copy of the initial collective bargaining agreement or revision agreement to be submitted for consultation;
b) Voting shall take place on the day, at the time and place indicated in the notice of meeting;
c) It shall be ensured that the place designated for voting is accessible to the workers and meets the necessary conditions for them to cast their vote freely, peacefully, swiftly and securely, without being coerced in any way;
d) The employer may not intervene in the consultation procedure;
e) The result of the vote shall be published by the union leadership in visible and easily accessible places in the work center and in the corresponding union premises within a period of no more than two days from the date on which the consultation takes place;
f) The union shall give notice of the result of the vote to the Federal Center for Labor Conciliation and Registration within three working days following the date on which the consultation takes place, in order for said Center to publish it on its Internet site.
The notice referred to in the preceding paragraph shall be made under oath. In case of inconsistencies in relation to substantive facts of the process, the Federal Center for Labor Conciliation and Registration will declare the consultation null and void and will order the reinstatement of the same;
g) The voting records will be kept for five years to evidence compliance with this obligation, for purposes of verification by the labor or registry authority. The promoting union shall state under oath that it complied with this obligation, and
h) The Federal Center for Labor Conciliation and Registration may verify that the consultation procedure is carried out in accordance with the aforementioned requirements;
III. If the majority of the workers support the content of the agreement, the following shall apply:
a) For initial collective bargaining agreements, the union shall proceed to file an application for registration with the Registration Authority in accordance with the provisions of Article 390 of this Law; and
b) For agreements for the revision or modification of the collective bargaining agreement, the provisions of Article 399 Ter shall apply;
IV. In the event that the initial collective bargaining agreement or revision agreement does not have the majority support of the workers covered by it, the union may:
a) Exercise their right to strike, if they have filed the corresponding notice, and
b) Extend or extend the pre-strike period with the purpose of continuing with the negotiation and submitting the agreement to new consultation, observing the provisions of Section V of Article 927 of this Law.
In the consultation procedure provided for in this article, the personal, free and secret vote of the workers shall be exercised individually and directly.
Article added DOF 01-05-2019
Article 391 - The collective bargaining agreement shall contain:
I . The names and addresses of the contracting parties;
II . The companies and establishments covered;
III . Its duration or the expression of being for an indefinite period of time or for a specific work;
IV . Working days;
V . Days of rest and vacations;
VI . The amount of salaries;
Reformed fraction DOF 28-04-1978
VII . The clauses related to the training of workers in the company or establishments it comprises;
Section added DOF 28-04-1978
VIII . Provisions on the initial training that must be given to those who are going to work in the company or establishment;
Section added DOF 28-04-1978
IX . The bases on the integration and operation of the Commissions that must be integrated in accordance with this Law; and,
Section added DOF 28-04-1978
X . Such other stipulations as may be agreed upon by the parties.
Section amended DOF 28-04-1978
Collective bargaining agreements may not contain a separation exclusion clause, understood as the one that establishes that those workers who cease to belong to the union due to resignation or expulsion from the union, may be separated from their employment without liability for the employer.
Paragraph added DOF 01-05-2019
The Centro Federal de Conciliación y Registro Laboral shall issue, upon written request and payment of the corresponding fees, a certified copy of the most recent text of the collective bargaining agreement and/or tabulators that have been registered.
Paragraph added DOF 01-05-2019
At the request of the parties, the Federal Center for Labor Conciliation and Registration, within three days after it is filed, will issue the Certificate of Registration of the Collective Labor Agreement which will contain:
I. Registration file number or folio;
II. The contracting parties;
III. Address and, if applicable, the electronic mailbox of each of the parties;
IV. Scope of the Contract;
V. Date of last revision, and
VI. Term of the collective bargaining agreement and its tabulator.
Paragraph with added fractions DOF 01-05-2019
Article 391 Bis .- The Registration Authority shall make public, for consultation by any person, the information of the collective bargaining agreements deposited before it. Likewise, it shall issue copies of such documents , in terms of the provisions of the General Law of Transparency and Access to Public Information.
Preferably, the full text of the public versions of the collective bargaining agreements should be available free of charge on the Internet site of the Registration Authority.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Article 392 .- Collective bargaining agreements may provide for the organization of joint commissions for the performance of certain social and economic functions. Their resolutions shall be enforced by the Courts, in those cases in which the parties declare them mandatory.
Article amended DOF 01-05-2019
Article 393 - An agreement that lacks the determination of wages shall not produce the effects of a collective bargaining agreement. If the stipulations on working hours, rest days and vacations are missing, the legal provisions shall apply.
Article 394 - The collective bargaining agreement may not be entered into under conditions less favorable to the workers than those contained in contracts in force in the company or establishment.
Article 395 - In the collective bargaining agreement, it may be established that the employer shall exclusively admit as workers those who are members of the contracting union. This clause and any others that establish privileges in its favor, may not be applied to the detriment of the workers who are not members of the union and who already render their services in the company or establishment prior to the date on which the union requests the execution or revision of the collective bargaining agreement and the inclusion therein of the exclusion clause. The union sanction imposed on the employee may not affect his or her permanence in the job or his or her working conditions.
Article amended DOF 30-11-2012, 01-05-2019
Article 396 - The stipulations of the collective bargaining agreement extend to all persons working in the company or establishment, even if they are not members of the union that entered into it, with the limitation set forth in Article 184.
Article 397 - The collective bargaining agreement for a specific or undetermined period of time, or for a specific work, shall be totally or partially reviewable, in accordance with the provisions of Article 399.
Article 398 - The following rules shall be observed in the revision of the collective bargaining agreement:
I . If entered into by a single labor union or by a single employer, any of the parties may request its review;
II . If entered into by several labor unions, the review shall be made provided that the petitioners represent at least fifty-one percent of the totality of the members of the unions; and
III . If it was entered into by several employers, the review will be made provided that the applicants have at least fifty-one percent of the totality of the workers affected by the contract.
Article 399 - The request for review shall be made at least sixty calendar days in advance:
Amended paragraph DOF 01-05-2019
I . Upon expiration of the fixed-term collective bargaining agreement, if it is no longer than two years;
II . After two years have elapsed, if the fixed-term contract is for a longer term; and
III . After two years have elapsed, in the case of a contract for an indefinite period of time or for a specific work.
For the computation of this term, the provisions of the contract shall be taken into account and, in the absence thereof, the date of the deposit.
Article 399 Bis .- Without prejudice to the provisions of Article 399, collective bargaining agreements shall be reviewable each year with respect to daily cash wages.
The request for this review must be made at least thirty calendar days prior to the expiration of one year after the conclusion, revision or extension of the collective bargaining agreement.
Amended paragraph DOF 01-05-2019
Article added DOF 30-09-1974
Article 399 Ter .- The agreement for the revision or modification of the collective bargaining agreement must be executed before the Registration Authority, the Court or the competent Conciliation Center, as the case may be. Once approved by the authority, it shall become legally effective.
For the purposes of updating the registration file of the collective bargaining agreement and its legal publicity, the competent Conciliation Center or the Court, under its strictest responsibility and within the following three days, shall send an authorized copy of the agreement to the Registration Authority.
Article added DOF 01-05-2019
Article 400 .- If none of the parties requested the review under the terms of Article 399 or did not exercise the right to strike, the collective bargaining agreement shall be extended for a period equal to its duration or shall continue for an indefinite term.
Article 400 Bis .- Every two years, in the contractual revision that corresponds in accordance with the provisions of Article 399, the agreement for the revision of the collective bargaining agreement shall be submitted to the approval of the majority of the workers governed by the same through a personal, free and secret vote, in accordance with the consultation procedure contemplated in Article 390 Ter of this Law.
Such contract revisions must be filed with the Federal Center for Labor Conciliation and Registration, which may verify that the content of the collective bargaining agreement has been made known to the employees.
Article added DOF 01-05-2019
Article 401 - The collective bargaining agreement terminates:
I. By mutual consent, with the prior approval of the majority of the workers in accordance with the procedure set forth in Article 390 Ter of this Law;
Reformed fraction DOF 01-05-2019
II . For completion of the work; and
III . In the cases of Chapter VIII of this Title, due to the closing of the company or establishment, provided that in the latter case, the collective bargaining agreement applies exclusively in the establishment.
Article 402 - If, after signing a collective bargaining agreement, an employer separates from the union that entered into it, the agreement shall nevertheless govern the relations of that employer with the union or unions of its workers.
Article 403 - In cases of dissolution of the workers' union holding the collective bargaining agreement or termination thereof, the working conditions shall continue in force in the company or establishment.
CHAPTER IV
Contract Law
Article 404 - Contract-law is the agreement entered into between one or several labor unions and several employers, or one or several employer unions, for the purpose of establishing the conditions under which work must be performed in a particular branch of industry, and declared mandatory in one or several Federal Entities, in one or several economic zones covering one or more of such Entities, or in the entire national territory.
Article 405 - Law-contracts may be entered into for industries of federal or local jurisdiction.
Article 406 - Unions representing at least two thirds of the unionized workers in at least one branch of industry in one or more Federal Entities, in one or more economic zones, covering one or more of such Entities or in the entire national territory may request the execution of a contract-law.
Article 407 .- The request shall be submitted to the Federal Center for Labor Conciliation and Registration.
Article amended DOF 09-04-2012, 01-05-2019
Article 408 - The applicants shall justify that they satisfy the majority requirement mentioned in Article 406, accompanying the Proof of Representativeness obtained in accordance with the procedure established in Article 390 Bis, or with the list of partners if they have entered into a collective bargaining agreement or are administrators of the labor agreement.
Article amended DOF 01-05-2019
Article 409 .- The Federal Center for Labor Conciliation and Registration, after verifying the majority requirement, if in its judgment it is opportune and beneficial to the industry to enter into the contract-law, shall call for a convention of the labor unions and the employers that may be affected.
Article amended DOF 09-04-2012, 01-05-2019
Article 410 - The call shall be published in the Official Gazette of the Federation or in the official newspaper of the Federal Entity and in such newspapers or by such other means as may be deemed appropriate, and shall indicate the place where the convention is to be held and the date and time of the inaugural meeting. The date of the meeting shall be set within a period of not less than thirty days.
Article 411 - The convention shall be presided over by the head of the Federal Center for Labor Conciliation and Registration or by the representative designated for such purpose.
Amended paragraph DOF 09-04-2012, 01-05-2019
The convention shall formulate its own rules of procedure and set up such committees as it deems appropriate.
Article 412 .- The contract-law shall contain:
I . The names and addresses of the workers' unions and of the employers who attended the convention;
II . The Federal Entity or Entities, the zone or zones it covers or the expression to govern the entire national territory;
III. Its term, which may not exceed two years;
Reformed fraction DOF 01-05-2019
IV . The working conditions indicated in article 391, sections IV, V, VI and IX;
Reformed fraction DOF 28-04-1978
V . The rules according to which the plans and programs for the implementation of training and instruction in the branch of industry in question shall be formulated; and,
Section added DOF 28-04-1978
VI . Such other stipulations as may be agreed upon by the parties.
Section amended DOF 28-04-1978
Article 413 - The clauses referred to in Article 395 may be established in the contract-law. Their application shall be the responsibility of the union administering the contract-law in each company.
Article 414 - The agreement must be approved by the majority of the workers represented in the Convention, as well as by the majority of the employers who have the same majority of workers in their service.
Once the agreement is approved under the terms of the preceding paragraph, the President of the Republic, the Governor of the State or the Head of Government of Mexico City will publish it in the Official Gazette of the Federation or in the official newspaper of the Federal Entity, declaring it a contract-law in the branch of industry considered, for all companies or establishments that exist or will be established in the future in the Federal Entity or Entities, in the zone or zones it covers or in the entire national territory.
Article amended DOF 01-05-2019
Article 415 .- If the collective bargaining agreement has been entered into by a majority of two thirds of the unionized workers of a certain branch of industry, in one or several Federal Entities, in one or several economic zones, or in the entire national territory, it may be elevated to the category of contract-law, subject to compliance with the following requirements:
I. The request shall be filed by the workers' unions or by the employers before the Federal Center for Labor Conciliation and Registration, in accordance with the provisions of Article 407;
Reformed fraction DOF 09-04-2012, 01-05-2019
II. The labor unions and the employers shall prove that they satisfy the majority requirement set forth in Article 406;
III. The petitioners shall attach to their request a copy of the contract and shall indicate their registration data;
Reformed fraction DOF 01-05-2019
IV. The Federal Center for Labor Conciliation and Registration, after verifying the majority requirement, will order its publication in the Official Gazette of the Federation or in the official newspaper of the Federal Entity, and will set a term of no less than fifteen days for oppositions to be formulated;
Reformed fraction DOF 01-05-2019
V. If no opposition is formulated within the term indicated in the call, the President of the Republic, the Governor of the State or the Head of Government of Mexico City, shall declare the contract-law binding, in accordance with the provisions of Article 414, and
Reformed fraction DOF 01-05-2019
VI. If within the term indicated in the call for applications, the following rules shall be observed:
a) The workers and the employers shall have a term of fifteen days to present their observations in writing, accompanied by the evidence that justifies them.
b) The President of the Republic, the Governor of the State or the Head of Government of Mexico City, taking into consideration the information in the file, may declare the contract-law binding.
Section amended DOF 01-05-2019
Article 416 - The contract-law shall become effective as of the date of its publication in the Official Gazette of the Federation or in the official newspaper of the Federal Entity, unless the convention establishes a different date.
Once the contract-law is published, its application will be mandatory for the entire industrial branch it covers; consequently, collective bargaining agreements entered into previously will be suspended, except as provided in Article 417, and the corresponding annotation will be made by the Federal Center for Labor Conciliation and Registration.
Paragraph added DOF 01-05-2019
When there is a collective bargaining agreement in force in any branch of industry, the Federal Center for Labor Conciliation and Registration will not process the filing of any collective bargaining agreement in that same branch of industry.
Paragraph added DOF 01-05-2019
Article 417 - The contract-law shall apply notwithstanding any provision to the contrary contained in the collective bargaining agreement that the company has entered into, except in those points in which these stipulations are more favorable to the worker.
Article 418 .- In each company, the administration of the contract-law shall correspond to the union that represents within it the largest number of workers in accordance with the provisions of Article 408. The loss of the majority declared by the Courts produces that of the administration.
Article amended DOF 01-05-2019
Article 419 - The following rules shall be observed in the revision of the law-contract:
I . Workers' unions or employers representing the majorities indicated in Article 406 may request the review;
II. The request shall be filed with the Federal Center for Labor Conciliation and Registration, at least ninety calendar days prior to the expiration of the contract-law, at least;
Reformed fraction DOF 09-04-2012, 01-05-2019
III . The authority receiving the request, after verifying the majority requirement, shall summon the labor unions and the affected employers to a convention, which shall be governed by the provisions of article 411; and
IV. If the labor unions and the employers reach an agreement that complies with the provisions of the first paragraph of Article 414, the head of the Federal Center for Labor Conciliation and Registration will communicate it to the head of the Ministry of Labor and Social Welfare for its publication in the Official Gazette of the Federation or to the Governor of the Federal Entity or the Head of Government of Mexico City for publication in the official newspaper of the Federal Entity, as the case may be. The amendments will become effective as of the date of their publication, unless the convention establishes a different date, and
Reformed fraction DOF 09-04-2012, 01-05-2019
V. If at the conclusion of the review procedure, the labor unions and the employers do not reach an agreement, the contract-law shall be deemed to be extended for all legal purposes.
Fraction added DOF 01-05-2019
Article 419 Bis .- The law-contracts shall be reviewable every year with respect to cash wages per daily installment.
The request for this review must be made at least sixty calendar days prior to the expiration of one year from the effective date of the conclusion, revision or extension of the legal contract.
Amended paragraph DOF 01-05-2019
Article added DOF 30-09-1974
Article 420 .- If none of the parties requested the revision or did not exercise the right to strike, the contract-law shall be extended for a period equal to that fixed for its duration.
Article 421 .- The contract-law shall terminate only by mutual consent of the parties representing the majority referred to in Article 406, after consultation by personal, free and secret vote of the workers.
Amended paragraph DOF 01-05-2019
I. Repealed.
Section repealed DOF 01-05-2019
II. Repealed.
Section repealed DOF 01-05-2019
CHAPTER V
Internal labor regulations
Article 422 - Internal work regulations are the set of mandatory provisions for workers and employers in the development of work in a company or establishment.
The technical and administrative rules formulated directly by the companies for the execution of the works are not subject to the regulations.
Article 423 .- The regulations shall contain:
I . Hours of entry and exit of workers, time allotted for meals and rest periods during the workday;
II . Place and time at which the workday should begin and end;
III . Days and hours set for cleaning establishments, machinery, apparatus and working tools;
IV . Days and places of payment;
V . Rules for the use of the seats or chairs referred to in article 132, section V;
VI . Rules for preventing occupational hazards and instructions for rendering first aid;
VII . Unhealthy and dangerous work that must not be performed by minors and the protection that pregnant workers must have;
Reformed fraction DOF 31-12-1974
VIII . Time and manner in which workers must submit to medical examinations, prior or periodic, and to the prophylactic measures dictated by the authorities;
IX . Permits and licenses;
X . Disciplinary provisions and procedures for its application. Suspension from work, as a disciplinary measure, may not exceed eight days. The employee shall have the right to be heard before the sanction is applied; and
XI . Other necessary and convenient norms according to the nature of each company or establishment, in order to achieve the greatest safety and regularity in the development of the work.
Article 424 - The following rules shall be observed in the formation of the regulations:
I . It shall be formulated by a joint commission of representatives of the workers and the employer;
II. If the parties agree, either of them, within eight days of signing, shall deposit it with the Federal Center for Labor Conciliation and Registration;
Reformed fraction DOF 01-05-2019
III . Provisions contrary to this Law, its regulations, and collective bargaining agreements and law-contracts shall not produce any legal effect.
IV. The workers or the employer, at any time, may request the Federal Courts to correct the omissions of the regulation or to review its provisions contrary to this Law and other labor standards, in accordance with the provisions contained in the special collective procedure established in article 897 and subsequent articles of this Law.
Reformed fraction DOF 01-05-2019
Article 424 Bis .- The Federal Center for Labor Conciliation and Registration shall make public, for consultation by any person, the full text of the internal labor regulations deposited with said Registration Authority. Likewise, it shall issue copies of such documents, in terms of the provisions of the General Law of Transparency and Access to Public Information.
The full text of the internal labor regulations must be available free of charge on the Internet sites of the Federal Center for Labor Conciliation and Registration.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Article 425 - The regulation shall take effect from the date of its deposit. It shall be printed and distributed among the workers and shall be posted in the most visible places of the establishment.
CHAPTER VI
Collective modification of working conditions
Article 426 - The workers' unions or the employers may request from the Courts the modification of the working conditions contained in the collective bargaining agreements or in the law-contracts:
Amended paragraph DOF 01-05-2019
I. When there are economic circumstances that justify it; and
II. When the increase in the cost of living causes an imbalance between capital and labor.
The request shall comply with the provisions of Articles 398 and 419, Section I, and shall be processed in accordance with the provisions for collective conflicts of an economic nature.
CHAPTER VII
Collective suspension of labor relations
Article 427 - The following are causes for temporary suspension of labor relations in an enterprise or establishment:
I. Force majeure or fortuitous event not attributable to the employer, or his physical or mental incapacity or death, which produces as a necessary, immediate and direct consequence, the suspension of the work;
II. Lack of raw material, not attributable to the employer;
III. Excess production in relation to its economic conditions and market circumstances;
IV. The temporary, notorious and manifest unaffordability of the operation;
V. Lack of funds and the impossibility of obtaining them for the normal continuation of the work, if fully proven by the employer; and
VI. Lack of payment by the State of the amounts that it is obliged to deliver to the companies with which it has contracted works or services, provided that such amounts are indispensable; and
Section amended DOF 30-11-2012
VII. The suspension of labors or works, declared by the competent sanitary authority, in cases of sanitary contingency.
Section added DOF 30-11-2012
Article 428 - The suspension may affect all or part of an enterprise or establishment. The ranking of the workers shall be taken into account so that those with the least seniority shall be suspended.
Article 429 - In the cases indicated in article 427, the following rules shall be observed:
I. In the case of Section I, the employer or his representative shall give notice of the suspension to the Court, so that the Court, after following the procedure set forth in the Special Collective Procedure established in Article 897 and subsequent sections of this Law, may approve or disapprove it;
Reformed fraction DOF 30-11-2012, 01-05-2019
II. In the case of items III to V, the employer, prior to the suspension, must obtain the authorization of the Tribunal, in accordance with the provisions for collective labor disputes of an economic nature;
Reformed fraction DOF 01-05-2019
III.In the case of fractions II and VI, the employer, prior to the suspension, must obtain the authorization of the Court, in accordance with the provisions contained in the special collective procedure established in article 897 and subsequent articles of this Law; and
Reformed fraction DOF 30-11-2012, 01-05-2019
IV. In the case of Section VII, the employer shall not require the approval or authorization of the Court and shall be obligated to pay its workers an indemnity equivalent to one day of the general minimum wage in force for each day that the suspension lasts, which may not exceed one month.
Section added DOF 30-11-2012. Amended DOF 01-05-2019
Article 430 .- The Court, with the exception of the cases referred to in Section VII of Article 427, when sanctioning or authorizing the suspension, shall fix the compensation to be paid to the workers, taking into consideration, among other circumstances, the probable time of suspension of the work and the possibility of their finding new employment, without exceeding the amount of one month's salary.
Article amended DOF 30-11-2012, 01-05-2019
Article 431 - The union and the workers may request every six months the Court to verify whether the causes that originated the suspension still exist. If the Court determines that they do not subsist, it shall set a term not to exceed thirty days for the resumption of the work. If the employer does not resume the work, the workers will have the right to the indemnity indicated in Article 50.
Article amended DOF 01-05-2019
Article 432 .- The employer shall announce in a timely manner the date of resumption of work. He shall give notice to the union, and shall call by the means that are appropriate, in the judgment of the Court, the workers who rendered their services in the company when the suspension was decreed, and shall be obliged to replace them in the positions they occupied previously, provided that they appear within the term set by the same employer, which may not be less than thirty days, counted from the date of the last call.
Amended paragraph DOF 01-05-2019
If the employer does not comply with the obligations set forth in the preceding paragraph, the workers may exercise the actions referred to in Article 48.
The provisions of this article shall not be applicable in the case referred to in section VII of article 427. In this case, the workers shall be obliged to resume their work as soon as the contingency is over.
Paragraph added DOF 30-11-2012
CHAPTER VIII
Collective termination of employment relationships
Article 433 .- The termination of labor relations as a consequence of the closing of companies or establishments or the definitive reduction of their work, shall be subject to the provisions of the following articles.
Article 434 - The following are causes for termination of employment relationships:
I. Force majeure or fortuitous event not attributable to the employer, or his physical or mental incapacity or death, which produces as a necessary, immediate and direct consequence, the termination of the work;
II. The notorious and manifest unaffordability of the operation;
III. The depletion of the subject matter of an extractive industry;
IV. The cases of article 38; and
V. The legally declared insolvency or bankruptcy, if the competent authority or the creditors resolve the definitive closing of the company or the definitive reduction of its work.
Article 435 - In the cases indicated in the preceding article, the following rules shall be observed:
I. In the case of sections I and V, notice of the termination shall be given to the Tribunal, so that the Tribunal, after following the special collective procedure established in Article 897 and subsequent articles of this Law, may approve or disapprove it;
Reformed fraction DOF 30-11-2012, 01-05-2019
II.In the case of Section III, the employer, prior to the termination, must obtain the authorization of the Court, in accordance with the provisions contained in the special collective procedure established in Article 897 and subsequent sections of this Law, and
Reformed fraction DOF 30-11-2012, 01-05-2019
III. In the case of Section II, the employer, prior to the termination, must obtain the authorization of the Tribunal, in accordance with the provisions for collective labor disputes of an economic nature.
Reformed fraction DOF 01-05-2019
Article 436 .- In the cases of termination of the work referred to in Article 434, except for Section IV, the workers shall be entitled to an indemnity of three months' salary, and to receive the seniority bonus referred to in Article 162.
Article 437 - In the case of a reduction in the number of jobs in a company or establishment, consideration shall be given to the workers' classification, so that those with the least seniority may be readjusted.
Article 438 .- If the employer resumes the activities of his company or creates a similar one, he shall have the obligations set forth in Article 154.
The provisions of the preceding paragraph are applicable, in the event that the work of the company declared in a state of insolvency or bankruptcy is resumed.
Article 439 - In the case of the implementation of new machinery or work procedures, resulting in the reduction of personnel, in the absence of an agreement, the employer must obtain the authorization of the Court, in accordance with the provisions of the special collective procedure established in Article 897 and subsequent articles of this Law. The readjusted workers will be entitled to an indemnity of four months' salary, plus twenty days for each year of services rendered or the amount stipulated in the employment contracts if greater, and to the seniority premium referred to in Article 162.
Article amended DOF 30-11-2012, 01-05-2019
TITLE EIGHT
Strikes
CHAPTER I
General Provisions
Article 440 - Strike is the temporary suspension of work carried out by a coalition of workers.
Article 441 - For the purposes of this Title, labor unions are permanent coalitions.
Article 442 - The strike may cover an enterprise or one or several of its establishments.
Article 443 - The strike must be limited to the mere act of suspension of work.
Article 444 - A legally existing strike is that which satisfies the requirements and pursues the objectives indicated in Article 450.
Article 445 - The strike is unlawful:
I . When the majority of the strikers carry out violent acts against persons or property; and
II . In case of war, when the workers belong to establishments or services that depend on the Government.
Article 446 - A justified strike is one whose reasons are attributable to the employer.
Article 447 - A strike is a legal cause for suspension of the effects of labor relations for the entire time it lasts.
Article 448 .- The exercise of the right to strike suspends the processing of collective disputes of an economic nature pending before the Court, and that of any applications filed, unless the workers submit the dispute to the decision of the Court.
Amended paragraph DOF 01-05-2019
The provisions of the preceding paragraph are not applicable when the purpose of the strike is that set forth in Article 450, Section VI.
Article 449 .- The Court and the corresponding civil authorities shall enforce the right to strike, giving the workers the necessary guarantees and providing them with the assistance they request to suspend work.
Article amended DOF 01-05-2019
CHAPTER II
Strike objectives and procedures
Article 450 .- The purpose of the strike shall be:
I . To achieve a balance between the various factors of production, harmonizing the rights of labor with those of capital;
II . Obtain from the employer or employers the execution of the collective bargaining agreement and demand its revision at the end of its term, in accordance with the provisions of Chapter III of Title Seven;
III . Obtain from the employers the execution of the contract-law and demand its revision at the end of its term, in accordance with the provisions of Chapter IV of Title Seven;
IV . To demand compliance with the collective bargaining agreement or the contract law in the companies or establishments in which it has been violated;
V . To demand compliance with the legal provisions on profit sharing;
VI . To support a strike that has as its object any of those listed in the preceding sections; and
VII . To demand the revision of the contractual salaries referred to in Articles 399 bis and 419 bis.
Fraction added DOF 30-09-1974
Article 451 .- To suspend the works it is required:
I . That the purpose of the strike is one or some of those set forth in the preceding article;
II. That the suspension is carried out by the majority of the workers of the company or establishment. The determination of the majority referred to in this section may only be promoted as a cause for requesting the declaration of non-existence of the strike, in accordance with the provisions of Article 930, and in no case as a matter prior to the suspension of the work, and
Reformed fraction DOF 01-05-2019
III. That the requirements set forth in Article 920 of this Law are previously complied with.
Reformed fraction DOF 01-05-2019
Article 452 .- (Repealed).
Article repealed DOF 04-01-1980
Article 453 .- (Repealed).
Article repealed DOF 04-01-1980
Article 454 .- (Repealed).
Article repealed DOF 04-01-1980
Article 455 .- (Repealed).
Article repealed DOF 04-01-1980
Article 456 .- (Repealed).
Article repealed DOF 04-01-1980
Article 457 .- (Repealed).
Article repealed DOF 04-01-1980
Article 458 .- (Repealed).
Article repealed DOF 04-01-1980
Article 459 - The strike is legally nonexistent if:
I. The suspension of work is carried out by a number of workers less than that established in article 451, section II;
II. It has not had as its object any of those established in article 450; and
III. The requirements set forth in Article 920 were not complied with.
Reformed fraction DOF 01-05-2019
A strike may not be declared non-existent for causes other than those indicated in the preceding sections.
Article 460 .- (Repealed).
Article repealed DOF 04-01-1980
Article 461 .- (Repealed).
Article repealed DOF 04-01-1980
Article 462 .- (Repealed).
Article repealed DOF 04-01-1980
Article 463 .- (Repealed).
Article repealed DOF 04-01-1980
Article 464 .- (Repealed).
Article repealed DOF 04-01-1980
Article 465 .- (Repealed).
Article repealed DOF 04-01-1980
Article 466 .- Striking workers shall continue to provide the following services:
I . Vessels, aircraft, trains, buses and other transport vehicles that are en route shall be driven to their destination point; and
II . In hospitals, sanatoriums, clinics and other similar establishments, the care of patients confined at the time of suspension of work shall continue until they can be transferred to another establishment.
Article 467 .- (Repealed).
Article repealed DOF 04-01-1980
Article 468 .- (Repealed).
Article repealed DOF 04-01-1980
Article 469 .- The strike shall terminate:
I . By agreement between the striking workers and the employers;
II . If the employer complies, at any time, with the petitions contained in the notice to strike and covers the wages that the workers have ceased to receive;
III . By arbitration award of the person or commission freely chosen by the parties; and
IV. By judgment of the Court if the workers or employers submit the conflict to its decision, in terms of the provisions of Article 937 of this Law.
Reformed fraction DOF 01-05-2019
Article 470 .- (Repealed).
Article repealed DOF 04-01-1980
Article 471 .- (Repealed).
Article repealed DOF 04-01-1980
TITLE NINE
Occupational Risks
Article 472 .- The provisions of this Title apply to all employment relationships, including special jobs, with the limitation set forth in Article 352.
Article 473 - Occupational risks are accidents and diseases to which workers are exposed in the course of or in connection with their work.
Article 474 .- Work accident is any organic injury or functional disturbance, immediate or subsequent, death or disappearance resulting from a criminal act, suddenly produced in the course of or in connection with work, regardless of the place and time in which it is rendered.
Amended paragraph DOF 22-06-2018
Included in the above definition are accidents that occur when the worker moves directly from his home to the place of work and from the place of work to the place of work.
Article 475 . - Occupational disease is any pathological condition derived from the continuous action of a cause that has its origin or reason in the work or in the environment in which the worker is obliged to render his services.
Article 475 Bis .- The employer is responsible for safety and hygiene and the prevention of occupational hazards, in accordance with the provisions of this Law, its regulations and the applicable official Mexican standards.
It is the obligation of workers to observe the preventive safety and hygiene measures established by the regulations and official Mexican standards issued by the competent authorities, as well as those indicated by the employers for the prevention of occupational hazards.
Article added DOF 30-11-2012
Article 476 . - Those determined by this Law and the update made by the Secretariat of Labor and Social Welfare shall be considered occupational diseases.
Article amended DOF 30-11-2012, 01-05-2019
Article 477 .- When risks are realized they may produce:
I . Temporary disability;
II . Partial permanent disability;
III. Total permanent disability;
Section amended DOF 22-06-2018
IV. Death, and
Section amended DOF 22-06-2018
V. Disappearance derived from a criminal act.
Section added DOF 22-06-2018
Article 478 - Temporary disability is the loss of faculties or aptitudes that partially or totally prevents a person from performing his work for some time.
Article 479 - Partial permanent disability is the diminution of the faculties or aptitudes of a person to work.
Article 480 - Total permanent disability is the loss of faculties or aptitudes of a person that makes it impossible for him/her to perform any work for the rest of his/her life.
Article 481 - The existence of previous conditions such as idiosyncrasies, tares, dyscrasias, intoxications, or chronic diseases, is not a cause to reduce the degree of disability, nor the benefits that correspond to the worker.
Article 482 .- The subsequent consequences of occupational hazards shall be taken into consideration to determine the degree of disability.
Article 483 - Compensation for occupational hazards resulting in disability shall be paid directly to the worker.
In cases of mental incapacity, proven before the Court, the indemnity shall be paid to the person or persons, of those indicated in Article 501, in whose care he/she remains; in cases of death of the worker, the provisions of Article 115 shall be observed.
Amended paragraph DOF 01-05-2019
Article 484 - In order to determine the indemnities referred to in this Title, the daily salary received by the worker at the time of the risk and the subsequent increases corresponding to the employment he/she performed shall be taken as a basis, until the degree of disability is determined, that of the date on which the death occurs or that which he/she received at the time of his/her separation from the company.
Article 485 - The amount taken as a basis for the payment of indemnities may not be less than the minimum wage.
Article 486 .- In order to determine the indemnities referred to in this title, if the salary received by the worker exceeds twice the minimum salary of the geographical area of application to which the place where the work is rendered corresponds, that amount shall be considered as the maximum salary. If the work is rendered in places of different geographical areas of application, the maximum salary shall be double the average of the respective minimum salaries.
Article amended DOF 21-01-1988
Article 487 .- Workers who suffer an occupational hazard shall be entitled to:
I . Medical and surgical assistance;
II . Rehabilitation;
III . Hospitalization, when the case requires it;
IV . Medications and healing materials;
V . Necessary prosthetic and orthopedic appliances; and
VI . The compensation set forth in this Title.
Article 488 - The employer is exempted from the obligations set forth in the preceding article, in the following cases and in the following manner:
I. If the accident occurs while the worker is intoxicated;
II. If the accident occurs while the worker is under the influence of any narcotic or enervating drug, unless there is a medical prescription and the worker has informed the employer of the fact and has presented the prescription signed by the doctor;
III. If the worker intentionally causes an injury to himself or herself or in agreement with another person; and
IV. If the disability is the result of any quarrel or suicide attempt.
The employer is in any case obliged to provide first aid and to take care of the worker's transportation to his home or to a medical center.
Article 489 .- It does not release the employer from liability:
I . That the worker has explicitly or implicitly assumed the work risks;
II . That the accident occurs due to clumsiness or negligence on the part of the worker; and
III . That the accident is caused by imprudence or negligence of a co-worker or third party.
Article 490 - In cases of inexcusable fault of the employer, the indemnity may be increased by up to twenty-five percent, at the discretion of the Court. There is inexcusable fault on the part of the employer:
Amended paragraph DOF 01-05-2019
I. If it does not comply with the legal and regulatory provisions and those contained in the official Mexican standards on safety, health and working environment;
Section amended DOF 30-11-2012
II. If having had previous accidents, it does not adopt the appropriate measures to avoid their repetition;
III. If it does not adopt the preventive measures recommended by the commissions created by the workers and employers, or by the Labor authorities;
IV. If the workers make the employer aware of the danger they are in and the latter does not adopt adequate measures to avoid it; and
V. If there are analogous circumstances of the same seriousness as those mentioned in the preceding paragraphs.
Article 491 .- If the risk causes the worker a temporary disability, the indemnity shall consist of the full payment of the salary that he/she ceases to receive while the inability to work subsists. This payment shall be made from the first day of the incapacity.
If three months after the beginning of an incapacity the worker is not able to return to work, he himself or the employer may request, in view of the respective medical certificates, the opinions rendered and the relevant evidence, a decision as to whether he should continue to undergo the same medical treatment and enjoy the same indemnity or whether he should be declared permanently incapacitated with the indemnity to which he is entitled. These examinations may be repeated every three months. The worker will receive his salary until his permanent disability is declared and the compensation to which he is entitled is determined.
Article 492 - If the risk produces a partial permanent disability to the worker, the indemnity shall consist of the payment of the percentage established in the table for the valuation of disabilities, calculated on the amount that would have been paid if the disability had been total permanent disability. The corresponding percentage will be taken between the maximum and minimum established, taking into consideration the age of the worker, the importance of the disability and the greater or lesser aptitude to exercise remunerated activities, similar to his profession or trade. It will also be taken into consideration whether the employer has taken care of the worker's professional re-education.
Article 493 - If the partial disability consists of the absolute loss of the worker's faculties or aptitudes to perform his profession, the Court may increase the indemnity up to the amount that would correspond for total permanent disability, taking into consideration the importance of the profession and the possibility of performing a profession of similar category, susceptible of producing a similar income.
Article amended DOF 01-05-2019
Article 494 - The employer shall not be obliged to pay an amount greater than that corresponding to the total permanent disability even if more than two disabilities are combined.
Article 495 .- If the risk produces total permanent disability to the worker, the indemnity shall consist of an amount equivalent to the amount of one thousand ninety-five days of salary.
Article 496 - The indemnities to be received by the worker in cases of partial or total permanent disability shall be paid in full, without any deduction being made from the wages received during the period of temporary disability.
Article 497 - Within two years following the year in which the degree of disability was established, the worker or the employer may request a review of the degree, if a subsequent aggravation or attenuation is proven.
Article 498 .- The employer is obliged to reinstate in his employment the worker who suffered an occupational hazard, if he is qualified, provided that he reports within one year from the date on which his incapacity was determined.
The provisions of the preceding paragraph are not applicable if the worker received compensation for total permanent disability.
Article 499 .- If a worker victim of a risk is unable to perform his work, but is able to perform some other work, the employer shall be obliged to provide it, in accordance with the provisions of the collective bargaining agreement.
Article 500 - When the risk results in the death or disappearance derived from a criminal act of the worker, the indemnity shall include:
Amended paragraph DOF 22-06-2018
I . Two months' salary for funeral expenses; and
II . The payment of the amount fixed in Article 502.
Article 501 - They shall be entitled to receive compensation in cases of death or disappearance resulting from a criminal act:
Amended paragraph DOF 31-12-1974, 22-06-2018, 01-05-2019
I. The widow or widower, children under eighteen years of age and those over this age if they have a disability of fifty percent or more, as well as children up to twenty-five years of age who are studying in any school of the national educational system; in no case will the investigation of economic dependence be carried out, given that these claimants have the presumption in their favor of economic dependence;
Reformed fraction DOF 01-05-2019
II. The ascendants will concur with the persons mentioned in the previous fraction without the need to carry out an economic investigation, unless it is proven that they were not economically dependent on the worker;
Reformed fraction DOF 01-05-2019
III. In the absence of a surviving spouse, the person with whom the worker lived as if he/she were his/her spouse during the five years immediately preceding his/her death, or with whom he/she had children, will concur with the persons indicated in the two previous fractions, without the need to make an economic investigation, as long as both had remained free of marriage during the cohabitation;
Reformed fraction DOF 31-12-1974, 31-12-1975, 01-05-2019
IV. The persons who were economically dependent on the worker will concur with those who are contemplated in any of the hypotheses of the previous fractions, having to prove the economic dependency, and
Reformed fraction DOF 31-12-1974, 31-12-1975, 01-05-2019
V . In the absence of the persons mentioned in the previous fractions, the Mexican Social Security Institute.
Article 502 .- In case of death or disappearance derived from a delinquent act of the worker, the indemnity that corresponds to the persons referred to in the preceding article shall be the amount equivalent to the amount of five thousand days of salary, without deducting the indemnity that the worker received during the time he/she was subject to the temporary disability regime.
Article amended DOF 30-11-2012, 22-06-2018
Article 503 - For the payment of indemnity in cases of death or disappearance derived from criminal acts, due to occupational hazards, the following rules shall be observed:
I . The Labor Inspectorate that receives notice of the death or disappearance due to criminal acts, or the Court before which the claim for payment of the indemnity is initiated, shall order an investigation to be carried out within seventy-two hours in order to find out which persons were economically dependent on the worker and shall order a notice to be posted in a visible place in the establishment where the worker rendered his services, summoning the beneficiaries to appear before the Court of knowledge, within a term of thirty calendar days, to exercise their rights;
II . If the residence of the worker at the place of his death or when the disappearance due to criminal acts occurred was less than six months, a summons shall be issued to the Court or to the Labor Inspector of the place of the last residence, so that the investigation may be carried out and the notice mentioned in the preceding section may be posted;
III. The Court or the Labor Inspector, independently of the notice referred to in Section I, may use whatever publicity means they deem convenient to summon the beneficiaries;
IV . The Labor Inspector, once the investigation is concluded, shall forward the file to the Court;
V . Once the requirements set forth in the preceding sections have been met and the nature of the risk has been proven, the Tribunal shall proceed in accordance with the provisions of Article 893 of the Law, observing the special procedure;
VI. The Tribunal will appreciate the relationship of husband, wife, children and ascendants, without subjecting itself to the legal evidence that accredits the marriage or kinship, but may not fail to recognize what is recorded in the Civil Registry records, and
VII . The payment made in compliance with the Court's decision releases the employer from liability. The persons who present themselves to deduct their rights after the date on which the payment has been verified, may only deduct their action against the beneficiaries who received it.
Article amended DOF 30-11-2012, 22-06-2018, 01-05-2019
Article 504 - Employers have the following special obligations:
I. To keep in the workplace the necessary medicines and healing material for first aid and to train personnel to provide them;
II. When it has more than one hundred workers in its service, establish an infirmary, equipped with the necessary medicines and healing material for emergency medical and surgical care. It shall be staffed by competent personnel, under the direction of a surgeon. If, in the judgment of the latter, due medical and surgical attention cannot be provided, the worker shall be transferred to the town or hospital where he/she can be treated;
III. When they have more than three hundred workers at their service, install a hospital, with the necessary medical and auxiliary personnel;
IV. With the prior agreement of the workers, the employers may enter into contracts with sanatoriums or hospitals located in the place where the establishment is located or at a distance that allows for the quick and convenient transportation of the workers, so that they may provide the services referred to in the two preceding sections;
V. Give written notice or by electronic means to the Ministry of Labor and Social Welfare, the Labor Inspector and the Court, within 72 hours, of the accidents that occur, providing the following data and elements:
Amended paragraph DOF 30-11-2012, 01-05-2019
a) Name and address of the company;
b) Name and address of the employee; as well as his position or category and the amount of his salary;
c) Place and time of the accident, with a brief description of the facts;
d) Name and address of the persons who witnessed the accident; and,
e) Place where medical care is or has been provided to the injured person.
The Ministry of Labor and Social Welfare and the Mexican Social Security Institute shall exchange information on a permanent basis regarding the notices of occupational accidents submitted by employers, as well as other statistical data necessary for the exercise of their respective legal powers.
Paragraph added DOF 30-11-2012
Reformed fraction DOF 28-04-1978
VI. As soon as it becomes aware of the death of a worker due to occupational hazards, give written notice to the authorities mentioned in the preceding section, providing, in addition to the data and elements mentioned in said section, the name and address of the persons who may be entitled to the corresponding indemnity.
Reformed fraction DOF 28-04-1978
VII. (Repealed).
Erratum to section DOF 1970-04-30. Repealed DOF 28-04-1978.
Article 505 - The company physicians shall be appointed by the employers. The workers may oppose the appointment, stating the reasons on which they are based. In the event that the parties do not reach an agreement, the Court shall resolve the matter.
Erratum to the article DOF 30-04-1970. Amended DOF 01-05-2019
Article 506 .- Company physicians are obliged:
I . Upon completion of the risk, to certify whether the worker is able to resume work;
II . Upon completion of medical care, to certify whether the worker is able to resume work;
III . To issue an opinion on the degree of incapacity; and
IV . In case of death, to issue a death certificate.
Erratum to the section DOF 30-04-1970
Article 507 - The worker who refuses with just cause to receive medical and surgical care provided by the employer shall not lose the rights granted by this Title.
Article 508 - The cause of death due to occupational hazard may be verified with the data resulting from the autopsy, when performed, or by any other means that allows determining it.
If the autopsy is performed, the alleged beneficiaries may designate a physician to witness it. They may also designate a physician to perform the autopsy, giving notice to the authority.
The employer may appoint a physician to witness the autopsy.
Article 509 .- In each enterprise or establishment, the safety and hygiene commissions deemed necessary shall be organized, composed of an equal number of representatives of the workers and the employer, to investigate the causes of accidents and illnesses, propose measures to prevent them and oversee their compliance.
Article 510 - The commissions referred to in the preceding article shall be performed free of charge during working hours.
Article 511 - The Labor Inspectors have the following special powers and duties:
I . Monitor compliance with legal and regulatory standards on prevention of occupational hazards and safety of life and health of workers;
II . To record in special minutes the violations that they discover; and
III . To collaborate with the workers and the employer in the dissemination of the norms on risk prevention, hygiene and health.
Article 512 .- The regulations of this Law and the instructions issued by the labor authorities based on them shall establish the necessary measures to prevent work risks and ensure that work is performed under conditions that ensure the life and health of the workers.
In cases in which there is a high risk involving the loss of life or the health of the worker is seriously compromised, considering, above all, the nature of the work, the regulatory or normative provisions shall consider the use of technology and work tools that are innovative and that contribute to the safety work in the workplace.
Paragraph added DOF 28-04-2022
Article amended DOF 28-04-1978
Article 512-A . With the purpose of contributing to the design of national policy on safety, health and the working environment, proposing reforms and additions to the regulations and official Mexican standards on the subject, as well as studying and recommending preventive measures to reduce risks in workplaces, the National Consultative Commission on Safety and Health at Work will be organized.
Said commission will be integrated by representatives of the Secretaries of Labor and Social Welfare, Health, Interior, Environment and Natural Resources, the Mexican Institute of Social Security, as well as by those designated by the national organizations of workers and employers called by the head of the Ministry of Labor and Social Welfare, who will be the President of said Commission.
The Commission must maintain permanent communication with the civil protection authorities, in order to design actions that contribute to reduce or eliminate the loss of life, damage to productive plant, destruction of material goods, damage to nature and the interruption of the essential functions of society, in the event of a disaster caused by natural or human agents.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 512-B . In each federative entity a State Advisory Commission on Occupational Safety and Health will be constituted, whose purpose will be to assist in the definition of state policy on safety, health and the working environment, to propose reforms and additions to the regulations and official Mexican standards on the subject, as well as to study and propose preventive measures to reduce the risks in the work centers established in its jurisdiction.
Amended paragraph DOF 30-11-2012
These State Consultative Commissions will be presided over by the State Executives and the Chief of Government of Mexico City and will include representatives of the Ministries of Labor and Social Welfare, Health, Interior, Environment and Natural Resources, the Mexican Social Security Institute, as well as those designated by the workers' and employers' organizations they call upon.
Amended paragraph DOF 30-11-2012, 01-05-2019
The representative of the Ministry of Labor and Social Welfare before the respective State Advisory Commission shall act as Secretary of the same.
Article added DOF 28-04-1978
Article 512-C .- The organization of the National Consultative Commission for Safety and Health at Work and that of the State and Mexico City Consultative Commissions for Safety and Health at Work, shall be indicated in the regulations issued in matters of safety, health and the working environment.
Amended paragraph DOF 30-11-2012, 01-05-2019
The internal functioning of said Committees shall be established in the Internal Regulations issued by each Committee.
Article added DOF 28-04-1978
Article 512-D . Employers must carry out the modifications ordered by the labor authorities in order to adjust their establishments, installations or equipment to the provisions of this Law, its regulations or the official Mexican standards on occupational safety and health issued by the competent authorities. If after the term granted for such purpose, the modifications have not been made, the Secretary of Labor and Social Welfare will proceed to sanction the offending employer, with a warning of a greater sanction in case of not complying with the order within the new term granted.
Article added DOF 28-04-1978. Amended DOF 30-11-2012
Article 512-D Bis . In the case of the restriction of access or limitation in the operation in the detected risk areas referred to in article 541, section VI Bis of this Law, the Ministry of Labor and Social Welfare, after analyzing the report referred to in said precept and practicing the diligences that it considers pertinent, will decide within the following 72 hours whether to lift the restriction decreed or extend its duration until the irregularities that motivated the suspension of activities are corrected, regardless of whether the irregularities are corrected or not, will decide within the following 72 hours whether to lift the restriction decreed or extend its duration, until the irregularities that motivated the suspension of activities are corrected, independently of the imposition of the corresponding economic sanction for non-compliance with the provisions on safety and hygiene in the workplace.
Within the term referred to in the preceding paragraph, the employer may state to the Secretary what it deems appropriate and offer the evidence it deems pertinent, which will be taken into account by the authority at the time of its decision.
Article added DOF 30-11-2012
Article 512-D Ter . In the event that the competent health authorities have determined the suspension of work due to a declaration of health contingency, the Ministry of Labor and Social Welfare shall order the necessary measures to avoid affecting the health of workers, without prejudice to the imposition of the corresponding sanctions and the exercise of the powers of other authorities.
Article added DOF 30-11-2012
Article 512-E . The Ministry of Labor and Social Welfare shall establish the necessary coordination with the Ministry of Health and the Mexican Social Security Institute for the elaboration of programs and the development of campaigns aimed at preventing occupational accidents and diseases.
Article added DOF 28-04-1978. Amended DOF 09-04-2012
Article 512-F . The authorities of the federative entities will assist those of the federal order in the promotion, application and surveillance of compliance with safety, health and work environment standards, when dealing with companies or establishments that, in the other aspects derived from labor relations, are subject to local jurisdiction.
Amended paragraph DOF 30-11-2012
Such assistance shall be rendered under the terms of Articles 527-A and 529.
Article added DOF 28-04-1978
Article 512-G . In the event that the workplaces are regulated by specialized laws or standards on safety and health matters, whose supervision corresponds to authorities other than labor authorities, the Ministry of Labor and Social Welfare or the labor authorities of the federal entities, according to their area of competence, shall be auxiliary to the former.
Article added DOF 30-11-2012
Article 513 - The Ministry of Labor and Social Welfare shall update the tables of occupational diseases and evaluation of permanent disabilities resulting from occupational hazards, which shall be published in the Official Gazette of the Federation and shall be of general observance throughout the national territory, for this purpose said agency shall hear the opinion of the National Advisory Commission on Occupational Safety and Health, of the Ministry of Health, of the Ministry of the Environment and Natural Resources, as well as of specialists in the matter.
Amended paragraph DOF 30-11-2012, 01-05-2019
TABLE OF OCCUPATIONAL DISEASES
Pneumoconiosis and bronchopulmonary diseases caused by inhalation of dusts and fumes of animal, vegetable or mineral origin.
1. Conditions due to inhalation of wool dusts.
Textile industry workers and other handlers of this product.
2. Conditions due to inhalation of feather, horn, bone, horsehair, hair and silk dusts.
Mattress makers, manufacturers of ornaments and haberdashery items, hair cutters and combers, manufacture of brushes, paintbrushes, brushes. Dairy workers, butchers, meat packers.
3. Conditions due to the inhalation of wood dusts.
Carpenters, woodworkers, cabinetmakers and paper industry workers.
4. Tabacosis:
Conditions due to inhalation of tobacco dusts.
Tobacco industry workers.
5. Bagasse: conditions due to the inhalation of bagasse dust, as in the sugar industry.
Tolveros, sifters and baggers, workers in the paper and fertilizer industry.
6. Suberosis: conditions due to the inhalation of cork dust.
Cork workers.
7. Diseases due to inhalation of cereal, flour, hay, straw, jute, ixtle and henequen dust.
Loaders, loaders, longshoremen, harvesters, farmers, threshers, hatters (straw hatters), packers, millers, bakers, workers in the hard fiber industries, furniture manufacturers, paper industry.
8. Byssinosis.
Cotton yarn and fabric workers and other handlers of this product.
9. Cannabiosis: conditions caused by inhalation of hemp powder.
Hemp industry workers.
10. Linosis: conditions produced by the inhalation of flax dust.
Workers in the flax industry.
11. Printers' asthma (due to gum Arabic).
12. Anthracosis.
Miners (coal miners), charcoal makers, blacksmiths, smelters, smelters, stokers, chimney sweeps and other workers exposed to inhalation of coal, graphite and anthracite coal dusts.
13. Siderosis.
Miners (iron miners), smelters, polishers, welders, filers, turners and iron oxide manipulators.
14. Calcicosis.
Workers handling calcium salts, such as calcium carbonate and calcium sulfate, and in the gypsum industry.
15. Baritosis.
Workers handling barium compounds, painters, paper industry and laboratories.
16. Stanosis.
Workers in tin mines, furnaces and metal or oxide smelters.
17. Silicatosis.
Workers exposed to dusty silicate dust (fuller's earth, clays, kaolin).
18. Conditions due to the inhalation of synthetic abrasives:
Emery, carborundum, alloxite, used in the preparation of grinding wheels, abrasive papers and polishers.
19. Silicosis.
Miners, stonemasons, sandblasters, potters, stone and rock workers, tunnels, roads and dams, sandblasters, ceramics, cement, foundries, chemical industry and refractory products containing silica.
20. Asbetosis or asbestosis.
Miners (asbestos miners), stonemasons, in the textile industry, paper industry, cement, heat and electricity insulating coating material.
21. Berylliosis or gluciniosis.
Conditions due to inhalation of beryllium or glucinium dusts.
Miners (from beryllium mines), workers manufacturing and handling alloys for X-ray apparatus, electrical and aeronautical industry, welding, furnace bricks, fluorescent lamps and atomic industry.
22. Conditions due to inhalation of cadmium dusts.
Miners, foundry workers, alloy preparation, in dentistry, photo-electrical, telephone, dyes, glass, accumulators and welders.
23. Conditions due to inhalation of vanadium dusts.
Miners, oil workers, smelters, workers in the steel, chemical, photographic, pharmaceutical and insecticide industries and during the cleaning of furnaces fed with mineral oils.
24. Conditions due to inhalation of uranium dust.
Miners (from uranium mines), when exposed to the action of hexa-fluoride, separated from the ore.
25. Conditions due to inhalation of manganese dusts (manganese pneumonia).
Miners (from manganese mines), workers in manganese-steel manufacturing, manganese steel welding and other applications.
26. Conditions due to inhalation of cobalt dust.
Workers exposed to the aspiration of finely divided metal dusts, or mixed with tungsten carbide.
27. Talcosis or steatosis.
Chemical and cosmetic industry workers who handle talc or steatite.
28. Aluminosis or aluminum lung.
Aluminum smelters, sprayers and polishers, painters and pyrotechnicians; in its mixed form, by inhalation of alumina and silica (Shaver's disease), in bauxite smelters and abrasives workers.
29. Conditions due to inhalation of mica dust.
Manufacture of refractory glass, insulators, eyeglasses, decorative papers, illuminated signs, varnishes, enamels, lubricants, explosives and ceramics.
30. Affections due to inhalation of diatomaceous earth (diatomaceous earth, diatomite, tripoli, kieselguhr).
Workers handling silicic products in amorphous state, derived from marine animal skeletons, in factories producing filtering spark plugs, insulators and absorbent powders.
Diseases of the respiratory tract caused by inhalation of gases and fumes
Conditions caused by inorganic or organic chemical substances that have a simple asphyxiating action, or irritating to the upper respiratory tract, or irritating to the lungs.
31. Asphyxiation by azote or nitrogen.
Workers involved in oxidation processes in confined environments, tank cleaning and repair, ammonia and calcium cyanamide production.
32. By carbon dioxide or carbon dioxide.
Workers exposed during combustion or fermentation of carbon compounds, gasification of mineral waters and preparation of carbonic snow, pitmen and latriners.
33. For methane, ethane, propane and butane.
Workers in the oil industry, coal fields, liquid gas, coke ovens and petrochemical industry.
34. By acetylene.
Workers dedicated to its production and purification, handling of carbide lamps, welders in the chemical and petrochemical industries.
35. Upper respiratory tract irritant action of ammonia.
Workers in the production of this substance and its compounds, coal distillation, petroleum refineries and petrochemical industry, chemical operations, ice making and refrigerators, preparation of fertilizers for agriculture, latriners, pitmen, stampers, tanneries and stables.
36. By sulfur dioxide.
Workers in sulfur combustion, preparation of gaseous and liquid sulfur dioxide, sulfuric acid manufacture, dyeing, bleaching, food preservation and fumigators, refrigeration, colored paper, printers and miners (sulfur mines).
37. For formaldehyde and formaldehyde.
Workers in the manufacture of synthetic resins, food industry, photographic, fur, textile, chemical, polishing, dyeing, laboratory work, conservation of anatomical pieces and embalmers.
38. By aldehydes, acridine, acrolein, furfural, methyl acetate, methyl formate, selenium compounds, styrene and sulfur chloride.
Workers in the chemical and petrochemical industry and handling of these compounds.
39. Irritant action on the lungs, due to chlorine.
Workers in the preparation of chlorine and chlorinated compounds, bleaching and disinfection, in the textile and paper industry, water sterilization and manufacture of chemical products.
40. By fossogen or carbonyl chloride.
Workers in the manufacture of dyes and other synthetic chemical products, combat gases, fire extinguishers.
41. By azo oxides or nitrous vapors.
Workers in the manufacture and handling of nitric acid and nitrates, stamping, engraving, chemical and pharmaceutical industries, petrochemical, explosives, synthetic dyes, welding, nitrate fertilizers and silos.
42. By sulfuric anhydride.
Sulfuric acid manufacturing, petroleum refinery and chemical synthesis workers.
43. For ozone.
Workers who use this agent in peroxide production and in the refining of oils, fats, flour, starch, sugar and textiles, in water bleaching and sterilization, in the electrical industry and in welding.
44. For bromine.
Workers who handle bromine as a disinfectant, in chemical laboratories, metallurgy, chemical-pharmaceutical industry, photography and dyes.
45. By fluorine and its compounds.
Workers who handle these substances in the glass industry, engraving, silk coloring, wood varnishing, bleaching, welding and as waterproofing agents for cement; preparation of hydrofluoric acid, aluminum and beryllium metallurgy, superphosphates and compounds, preparation of insecticides and rodenticides.
46. By methyl sulfate.
Workers handling this compound in various industrial operations.
47. Bronchial asthma due to alkaloids and dichlorinated diethyl ether, polyisocyanates and toluene di-isocyanate.
Workers in the chemical, pharmaceutical, pulp and paper, plastics and lacquer industries.
Dermatosis
Skin diseases (excluding those due to ionizing radiation), caused by mechanical, physical, inorganic or organic chemical, or biological agents; acting as primary irritants, or sensitizers, or causing chemical burns; generally presenting as erythematous, edematous, vesicular, eczematous or crusty.
48. Dermatosis due to the action of heat.
Blacksmiths, smelters, boilermakers, stokers, furnace workers, glass workers, bakers.
49. Dermatosis due to exposure to low temperatures.
Workers in cold storage, manufacture and handling of ice and refrigerated products.
50. Dermatosis due to the action of sunlight and ultraviolet rays.
Outdoor workers, salt workers, film artists, welders, glaziers, physiotherapists, etc.
51. Dermatoses produced by hydrochloric, sulfuric, nitric, hydrofluoric, fluorosilicic, chlorosulfonic acids.
Workers in the manufacture of chlorine and chlorinated organic products (chlorine acne); fatty acids, bleaching, chemical industry, handling and preparation of sulfuric acid; manufacture, handling and use of hydrofluoric acid, in the petroleum and petrochemical industries, glass engraving, ceramics, laboratory, etc.
52. Dermatosis due to the action of caustic soda, caustic potash and sodium carbonate.
Workers engaged in the production and handling of these alkalis.
53. Dermatosis, skin ulcerations and perforation of the nasal septum due to the action of chromates and bichromates.
Workers in factories producing chrome dyes, wallpaper, crayons, colored pencils, fuses, explosives, pyroxylated gunpowder for hunting, Swedish matches; in the textile, pulp and paper, tanneries, dyeing, photography, photoengraving and electrolytic chrome plating industries.
54. Dermatosis and arsenical keratosis, perforation of the nasal septum.
Workers in arsenic plants, dye industry, paint, colored paper, dyeing, tannery, ceramics, insecticides, rodenticides, household preparations and other arsenic handlers.
55. Dermatosis due to the action of nickel and selenium oxychloride.
Foundry and handling workers.
56. Dermatosis due to the action of lime, or calcium oxide.
Workers in lime handling, bleaching powder preparation, gypsum, cement, chemical industry and masons.
57. Dermatoses due to the action of organic substances: acetic acid, oxalic acid, formic acid, phenol and derivatives, cresol, dimethyl sulfate, methyl bromide, ethylene oxide, mercury fulminate, tetryl, trinitrotoluene phthalic anhydride, kerosenes, tar, pitch, dinitro-benzene.
Workers involved in the manufacture and use of these substances (photosensitizing action of the last three).
58. Dermatosis due to benzol and other organic solvents.
Workers in the textile, pulp and paper, dyeing, glass, chemical, fertilizer, cement, linoleum, etc. industries.
59. Dermatosis due to the action of greasing oils, cutting oils (oil button or elaioconiosis), crude oil.
Workers who use these products in greasing, lubrication and degreasing tasks in the oil, petrochemical and derivative industries.
60. Dermatosis due to the action of hydrocarbon derivatives: hexamethylene-tetramine, formaldehyde, calcium cyanamide, anilines, paraphenylene-diamine, dinitrochlorobenzene, etc., in workers who use and handle these substances.
61. Calluses, fissures and cracks due to mechanical action:
Loaders, packers, stevedores, wheelwrights, spinners, combers and handlers of fibers, hemp, wool, linen, etc.cane harvesters, vanilla workers, gardeners, marble workers, blacksmiths, coopers, metal cutters, miners, stonecutters, tailors, laundresses, cooks, seamstresses, ironers, hairdressers, shoemakers, scribes, draughtsmen, glaziers, carpenters, cabinetmakers, bakers, hatmakers, engravers, polishers, musicians, etc.
62. Dermatoses due to biological agents.
Bakers, wheat and flour spice merchants, hairdressers, tanners, shipyard workers handling parasitized cereals, penicillin and other medicinal compounds, etc.
63. Other dermatoses. Contact dermatoses.
Handlers of paints, vegetable dyes, metallic salts, cooks, dishwashers, laundrymen, miners, spice workers, photographers, stonemasons, cabinetmakers, varnishers, rag degreasers, fullers, oil and gasoline handlers, bleachers of fabrics by means of sulfur vapors, spinners and wool collectors, doctors, nurses and laboratorians.
64. Nail and peringual lesions.
Onychodystrophy, onycholysis and paronychia due to exposure to solvents, humidity and trauma. Activities that involve the risk of exposure to these agents.
65. Other skin conditions of reactional type not included in the previous groups, produced by organic chemical agents (melanodermias, acromias, leucomelanodermias, lichen planus).
Activities involving the risk of exposure to these agents.
Occupational ophthalmopathies
(Diseases of the ocular apparatus caused by dust and other physical, chemical and biological agents)
66. Blepharoconiosis (mineral, vegetable or animal dusts).
Workers exposed to the action of these dusts: stonemasons, plasterers, miners, potters, grinders, sharpeners, polishers, cement makers, coal workers, manufacturers of aluminum and copper objects, mercury handlers, bakers, wool makers, mattress makers, furriers, etc.
67. Palpebral contact dermatitis and palpebral eczema (dusts, gases and vapors of various origins).
Workers in the chemical-pharmaceutical industry, antibiotics and beauty products; petrochemical industry, plastics, rubber products and paraphenylene-diamine derivatives, tar, asphalts, solvents and varnishes, vanilla industry, champignon cultivation, carpenters, etc.
68. Conjunctivitis and kerato-conjunctivitis: (due to physical agents (heat); chemical or allergenic: ammonia, sulfurous anhydride, formaldehyde, formaldehyde, chlorine and derivatives, nitrous vapors, sulfuric acid, ozone, hydrogen sulfide, cellulosic solvents and varnishes, tetrachloroethane, methyl alcohol, viscose, wool, feather, hairs, pollens, cotton, wheat, peanuts, hops, tobacco, mustard, vanilla, medicinal products, etc.) Blacksmiths, smelters, furnace workers, laminators, tinsmiths, bakers, pitmen, latrine workers, workers of artificial fibers from cellulose and other workers exposed to the action of hydrogen sulfide (hydrogen sulfide) and other mentioned agents.
69. Conjunctivitis and kerato-conjunctivitis due to radiation (actinic, infrared, short wave and X-rays). Salt workers, cinematographic artists, welders, glaziers, workers of mercury incandescent lamps and those exposed to solar ultraviolet; workers of arc lamps, mercury vapors, furnaces, autogenous welding, metallurgy, glaziery, etc.; radiologists and other workers in the manufacture and handling of X-ray apparatus and other sources of radiant energy.
70. Pterygium. Due to permanent conjunctival irritation by mechanical factors (dust); physical (infra-red rays, heat).
Blacksmiths, smelters, furnace workers, rolling mills, tinsmiths, and all workers with activities involving the risk of exposure to these agents.
71. Keratoconiosis:
Incrustation of hard particles in the cornea: (marble, stone, abrasive powders or metals).
All activities involving the risk of exposure to these agents.
72. Ocular arthrosis (silver salts).
Chiselers, goldsmiths, polishers, silversmiths, glass bead makers, chemists.
73. Cataract due to radiation (infra-red rays, caloric, short wave, X-rays).
Glassmakers, blacksmiths, smelters, X-ray cabinet technicians and workers, atomic energy technicians and workers.
74. Toxic cataract (Naphthalene and its derivatives).
All activities involving the risk of exposure to these agents.
75. Oculomotor paralysis (Intoxication by carbon sulfide, lead).
All activities involving the risk of exposure to these agents.
76. Internal ophthalmoplegia (carbon sulfide poisoning).
All activities involving the risk of exposure to these agents.
77. Retinitis, neuro-retinitis and chorio-retinitis (naphthalene, benzol poisoning).
All activities involving the risk of exposure to these agents.
78. Neuritis and lesion of the trigeminal sensory branch: (trichloroethylene intoxication).
All activities involving the risk of exposure to this agent.
79. Optic neuritis and amblyopia or toxic amaurosis: (lead poisoning, carbon sulfide, benzol, trichloroethylene, carbon oxide, methyl alcohol, nicotine, mercury).
All activities involving the risk of exposure to these agents.
80. Conjunctivitis due to pathogenic germs.
Physicians and nurses in connection with the practice of their profession.
81. Ophthalmia and electric cataract.
Workers in electric welding, electric furnaces or exposed to arc flash during the production, transport and distribution of electricity.
Intoxications
Diseases caused by absorption of toxic dusts, fumes, liquids, gases or vapors of chemical, organic or inorganic origin, through the respiratory, digestive or cutaneous tract.
82. Phosphorism and phosphorus hydrogen poisoning.
Workers in the manufacture of phosphorus compounds or white phosphorus derivatives, catalysis in the oil industry, manufacture of phosphor bronze, insecticides, rodenticides, parasiticides, phosphorus hydrogen, alloys and in pyrotechnics.
83. Saturnism or plumbic intoxication.
Workers in lead smelters, accumulator industry, ceramics, painters, plumbers, printers, manufacturers of canning boxes, toys, pipes, cable wrapping, soldering, varnishes, white lead, enamel and lacquers, pigments, insecticides and other handlers of lead and its compounds.
84. Hydrargirism or mercurialism.
Miners (mercury miners), metal and metal products handlers, manufacturers of thermometers, manometers, mercury vapor lamps, felt hats, brine electrolysis, seed preservation, fungicides, manufacture and handling of explosives and in the chemical-pharmaceutical industry.
85. Arsenicism and arsenic hydrogen poisoning.
Workers in arsenic plants, ore and metal smelters, the dye industry, paints, colored paper, dyeing, tanneries, ceramics, insecticides, rodenticides, other household preparations and other arsenic handlers.
86. Manganese.
Miners (in manganese mines), crushers and metal handlers, in the manufacture of steel, copper or aluminum alloys, in the manufacture of dry batteries, in bleaching, dyeing and discoloration of glass, welders.
87. Zinc smelters' fever or zinc welders' tremor.
Metal smelters and solderers, galvanizing or tinning, brass casting or soldering of galvanized metals.
88. Oxycarbonism.
Workers in contact with coal gas, lean gas, water gas, blast furnaces, internal combustion engines, furnaces and confined spaces, boilermakers, miners, firemen and in all cases of incomplete coal combustion.
89. Cyanic intoxication.
Workers who handle hydrocyanic acid, cyanide and compounds, in processing plants, in the extraction of gold and silver from their ores, smelters, photographers, soda manufacturers, textile, chemical, synthetic rubber, plastics, heat treatment of metals, fumigation, use of cyanogen and blue dyers.
90. Intoxication by methyl, ethyl, propyl and butyl alcohols.
Workers who use them as solvents in the manufacture of lacquers and varnishes, in the preparation of essences and dyeing materials and in the chemical and petrochemical industries.
91. Hydrocarbons from petroleum derivatives and hard coal.
Workers in the oil, petrochemical, coal, perfume manufacturing and other industries exposed to the absorption of these substances.
92. Toluene and xylene poisoning.
Workers who handle these solvents in the lacquer, pulp and paper, leather, photoengraving, benzoic acid, benzyl aldehyde, dyes, explosives (TNT), paints and varnishes industries.
93. Methyl chloride and methylene chloride intoxications.
Workers who use methyl chloride as a refrigerant or methylene chloride as a solvent, or in the paint industry.
94. Intoxications produced by chloroform, carbon tetrachloride and chloro-bromo-methanes.
Workers handling such substances as solvents, fumigants, refrigerants, fire extinguishers, etc.
95. Poisoning by methyl bromide and freons (fluorinated derivatives of halogenated hydrocarbons).
Workers who use them as refrigerators, insecticides and preparation of fire extinguishers.
96. Intoxication by di-chloroethane and tetra-chloroethane.
Workers who handle these substances as solvents of greases, oils, waxes, rubbers, resins, gums, lacquer dilution, wool degreasing and chemical industry.
97. Intoxication by hexa-chloroethane.
Workers who use it to degrease aluminum and other metals.
98. Intoxication by vinyl chloride or monochloroethylene.
Workers in the manufacture of plastic materials and their use as refrigerators.
99. Intoxication by glycol mono-chlorohydrin.
Workers exposed during the manufacture of ethylene oxide and glycols, lacquer composition and handling of fertilizers and fertilizers.
100. Intoxications by tri-chloroethylene and per-chloroethylene.
Workers who use these solvents in metallurgy, dyeing, degreasing of metal and wool articles, manufacture of bitumen and paints.
101. Chlorinated insecticides poisoning.
Workers who manufacture or handle chlorinated aromatic derivatives such as dichlorodiphenyltrichloroethane (DDT), aldrin, dieldrin and similar.
102. Poisoning by chlorinated naphthalenes and chlorinated diphenyls.
Workers who use them as electrical insulators.
103. Sulfo-carbonism.
Workers exposed during its production, or in the use of the solvent in the manufacture of rayon, cellophane, optical glass, cold vulcanization of rubber, as a pesticide and in the extraction of fats and oils.
104. Sulfhydrism or hydrogen sulfide intoxication.
Workers in the production of this substance, miners, cistern workers, bricklayers, oven, pipe, retort and gasometer cleaners, gas lighting workers, vintners and in the rayon industry.
105. Intoxication by diethylene dioxide (dioxan).
Workers who use this solvent in the industry of lacquers, varnishes, paints, inks, wax resins and plastics; preparation of tissues in histology.
106. Benzolism.
Workers who use benzol as a solvent in the pulp and paper industry, fabric waterproofing, nitrocellulose manufacturing, petrochemical industry, clothing, lacquer, glass, graphic arts, textiles, ceramics, paints, photoengraving, footwear industry, dyeing, etc.
107. Intoxication by tetra-hydro-furan.
Textile industry workers, who use it as a solvent.
108. Intoxications by aniline (anilism) and compounds.
Workers in the chemical industry, dyes, inks and pharmaceuticals.
109. Poisoning by nitro-benzene, toluidines and xylidines.
Workers in the dyes, paints, lacquers and aniline manufacturing industry.
110. Intoxication by trinitro-toluene and nitroglycerin.
Workers in the industry and handling of explosives.
111. Intoxication by tetra-ethyl lead.
Workers involved in the manufacture and handling of this antiknock agent, fuel preparation, cleaning and welding of containers containing it.
112. Intoxication by organic-phosphorous insecticides.
Workers involved in the production and handling of hexaethyl tetra-phosphate (TPHE), tetraethyl pyrophosphate (PPTE), parathion and derivatives.
113. Intoxications by dinitrophenol, dinitro-orthocresol, phenol and pentachlorophenol.
Workers who use these compounds as fungicides and insecticides, in the manufacture of dyes, resins and wood preservation.
114. Intoxications by benzidine, naphthylamine alpha, naphthylamine beta and para-diphenylamine.
Workers who handle these substances in the pulp and dye manufacturing industry.
115. Poisoning by carbamates, dithiocarbamates, chlorophenoxyhydroxycoumarin derivatives, thallium, insecticides of vegetable origin.
Manufacture, formulation, packaging, transportation and application of pesticides in general.
116. Intoxications by pyridine, chlorpromazine and chemotherapeutics in general.
Workers in charge of the manufacture, formulation and packaging of these substances in the chemical-pharmaceutical industry.
117. Diseases produced by high power fuels.
(Boron hydrides, liquid oxygen, etc.).
Technicians and workers exposed in the preparation, control and handling of these products.
Infections, parasitosis, mycosis and virosis
Generalized or localized diseases caused by bacteria, parasites, fungi and viruses.
118. Anthrax.
Shepherds, liverymen, stable hands, veterinarians, tanners, furriers, wool carders, rag pickers, mane, bristle, horn, meat and bones handlers of cattle, horses, rams, goats, etc.
Workers at slaughterhouses and packers.
119. I die.
Horse grooms, stable hands, horse handlers, veterinarians and veterinary nurses.
120. Tuberculosis.
Doctors, nurses, amphitheater waiters, shavers, biological and diagnostic laboratory personnel, laundry personnel in sanatoriums, veterinarians, veterinary nurses, butchers and miners, when silicosis is previously present.
121. Brucellosis.
Veterinarians, shepherds, butchers, cattle breeders, milkers, milkmen, milkmen, laboratory technicians, goat and cow milk processing plant personnel, doctors, nurses, veterinary nurses.
122. Syphilis.
Glass blowers (primary oral accident); doctors, nurses, amphitheater waiters (primary hand accident).
123. Tetanus.
Horse grooms, butchers, stable hands, livestock caretakers, veterinarians, agricultural industry personnel, gardeners.
124. Cutaneous mycetoma and actinomycosis.
Farm workers, bakers, wheat, barley, oats and rye millers.
125. Hookworm disease.
Miners, brick makers, potters, earthworkers, gardeners, sand makers and tile makers.
126. Leishmaniasis.
Chicleros, huleros, vanilleros, lumberjacks of tropical regions.
127. Onchocerciasis.
Agricultural workers in coffee plantations.
128. Sporotrichosis.
Farmers, flower growers, soil and plant packers, grass and fur workers.
129. Candidasis or moniliasis.
Fruit vendors and workers who keep their hands or feet constantly wet.
130. Histoplasmosis.
Guano extraction and handling workers.
131. Aspergillosis.
Animal breeders, fur cleaners and agricultural workers exposed to the fungus.
132. Coccidioidomycosis.
Guano extraction and handling workers from non-infested and non-endemic areas who are contracted to work in infested or endemic areas.
133. Malaria.
Workers and farmers from non-infested and non-endemic areas who are hired to work in infested or endemic areas.
134. Ricketsiosis (exanthematous typhus and other similar).
Physicians, nurses, cleaning personnel in infectious disease services and laboratories, whenever the causative agent is identified in the patient and in the workplace.
135. Spirochetosis (Leptospirosis and similar).
Work performed in sewers, mines, slaughterhouses, de-silting, laboratories and animal care.
Viruses (hepatitis, enterovirosis, rabies, psittacosis, virus pneumonias, infectious mononucleosis, poliomyelitis and others) .
Physicians, nurses and cleaning personnel in hospitals and sanatoriums, laboratory and clinical analysis personnel, blood bank personnel, whenever the causal agent is identified in the patient and in the workplace.
137. Erysipeloid.
Workers in contact with animals or their carcasses, animal hair, leather and other materials, old rags and other waste, hospital laundry personnel, personnel handling soiled or contaminated clothing.
138. Toxoplasmosis.
Trace workers.
Diseases caused by contact with biological products
139. Synthetic hormones; diseases produced by synthetic hormones with specific activity, estrogenic, androgenic, etc.
Personnel of industries that synthesize hormone products.
140. Diseases caused by exposure to antibiotics.
(Penicillin, streptomycin and other similar broad- or medium-spectrum drugs).
Workers in charge of the manufacture, formulation and packaging of these substances in the chemical-pharmaceutical industry.
Diseases caused by mechanical factors and variations in the natural elements of the working environment.
141. Bursitis and hygromas.
Workers in which repeated pressure is exerted, such as miners (coal and manganese mines), loaders, stevedores, longshoremen and others in which pressure is exerted on certain joints (knees, elbows, shoulders).
142. Osteoarthrosis and angioneurotic disorders (dead finger).
Workers using pneumatic hammers, mechanical drills and similar tools, drillers, riveters, stone cutters, laminators, blacksmiths, coppersmiths, foundry polishers, workers using hammers in shoe factories, etc.
143. Retraction of the palmar aponeurosis or of the tendons of the fingers of the hands.
Cordwainers, burnishers, engravers.
144. Deformations.
Workers who adopt awkward postures, shoemakers, turners, rice harvesters, loaders, tailors, stone carvers, miners, seamstresses, draftsmen, carpenters, typists, ballet dancers, etc.
145. Atrophic rhinitis, atrophic pharyngitis, atrophic laryngitis and high temperature allergies.
Workers in foundries, furnaces, forges, glass, boilers, rolling mills, etc.
146. Freezing.
Workers exposed to the action of freezing temperatures, refrigeration plants, ice factories, etc.
147. Sudden decompression sickness, oxygen intoxication and traumatic aeroembolism. Late osteoarthrosis of the shoulder and hip.
Workers who work breathing air at higher than atmospheric pressure: divers, underwater work and other similar work.
148. Aviators' disease, aeroembolism, otitis and baro-traumatic sinusitis.
Aeronauts subjected to a rarefied air atmosphere during flight at high altitudes.
149. Pulmonary emphysema.
Musicians of wind instruments, glassblowers.
150. Cutaneous-vascular complex of the leg due to prolonged and constant standing, or prolonged walking carrying heavy packages.
Typists, dentists, operating room nurses, hairdressers, letter carriers, salesmen, waiters, policemen and other similar activities.
Diseases caused by ionizing and electromagnetic radiation (except cancer)
151. Workers in the atomic industry, uranium and other radioactive metal mines (arsenic, nickel, cobalt, strontium, asbestos, beryllium, radium), processing and metallurgy, nuclear reactors, use of radio-elements (gamma, gamma and betatherapy, isotopes), use of radiation generators (X-ray workers and technicians), radio, sonar, laser beams, masser, etc.; who present:
a) on skin, erythema, thermal burns or necrosis;
b) in eyes, cataracts;
c) in blood, alterations of the hematopoietic organs, with leukopenia, thrombocytopenia or anemia;
d) in bone tissue, sclerosis or necrosis;
e) in sexual glands, testicular alterations with disorders in sperm production and sterility; ovarian alterations with ovarian modifications and hormonal dysfunctions;
f) genetic effects due to mutations of chromosomes or genes;
g) early aging with shortening of the average life span.
Cancer
Malignant neoplastic diseases due to the action of carcinogens, industrial carcinogens of physical, inorganic or organic chemical origin, or radiation, of diverse localization.
152. Skin cancer: workers exposed to the action of ultraviolet rays in the open air (farmers, sailors, fishermen, laborers); to X-rays, radioactive isotopes, radium and other radioelements; arsenic and its compounds; pitchblende, coal distillation products, tar, pitch, asphalt, benzopyrene and dibenzoanthracene (cancer of the scrotum of chimney sweeps), creosote; oil shale distillation products (lubricating shale oils, kerosene oils), petroleum products (fuel oils, greasing oils, kerosene oils, petroleum pitch).
153. Bronchopulmonary cancer.
Miners (uranium and nickel mines).
Workers exposed to asbestos (pleural mesothelioma); workers handling chromate, arsenic, beryllium dusts.
154. Cancer of ethmoid, nasal cavities;
Workers employed in nickel refining.
155. Miscellaneous cancers.
Carcinomas (and papillomatosis) of the bladder in aromatic amine workers; leukemias and osteosarcomas due to radiation exposure; benzenic leukosis.
Endogenous diseases
Conditions derived from industrial fatigue.
156. Hearing loss and deafness: workers exposed to noise and trepidation, such as rolling mills, metal crushers, weavers, weavers, coners and trocileurs, blacksmiths, riveters, telegraphers, radio telegraphers, telephonists, aviators, weapons and ammunition testers.
157. Cramps: workers exposed to repetition of movements, such as telegraphists, radio-telegraphists, violinists, pianists, typists, scribes, secretaries, typists, operation of adding machines, etc.
158. Chronic laryngitis with knots in the vocal cords: teachers, singers, announcers, theater actors, etc.
159. Tendo-synovitis crepitans of the wrist: laborers, bricklayers, trowelers, fitters, turners.
160. Miners' nystagmus (coal mines).
161. Neurosis:
Airline pilots, telephone operators and other similar activities.
Article 514 - The tables referred to in the preceding article shall be revised whenever it is deemed necessary and convenient for the country, when there are studies and research that justify it.
The Secretary of Labor and Social Welfare must take into account the progress and advances in occupational medicine and for such purpose may be assisted by the technicians and medical specialists required for such purpose, informing the Legislative Branch.
Amended paragraph DOF 01-05-2019
Erratum to the article DOF 30-04-1970, 05-06-1970. Amended DOF 30-11-2012
Article 515 .- The Secretary of Labor and Social Welfare shall carry out the necessary investigations and studies, so that the President of the Republic may initiate before the Legislative Branch the periodic adjustment of the tables referred to in Articles 513 and 514 to the progress of Occupational Medicine.
Article amended DOF 30-11-2012
TITLE TEN
Prescription
Article 516 - Labor actions are subject to the statute of limitations of one year, counted from the day following the date on which the obligation becomes due, with the exceptions set forth in the following articles.
Article 517 - The statute of limitations is one month:
I . The actions of the employers to dismiss workers, to discipline their faults and to make discounts in their salaries; and
II . Actions by workers to separate from work.
In the cases of Section I, the statute of limitations runs from the day following the date on which the cause of separation or fault becomes known, respectively, from the moment in which the errors committed, or the losses or damages attributable to the employee are ascertained, or from the date on which the debt becomes due and payable.
In the cases of section II, the statute of limitations runs from the date on which the cause of separation becomes known.
Article 518 - The statute of limitations for actions of workers who are separated from work shall expire in two months.
The statute of limitations runs from the day following the date of separation.
This term shall be suspended as of the date of filing of the request for conciliation referred to in Article 684-B of this Law, and shall be resumed on the next day in which any of the hypotheses set forth in Article 521, Section III of this Law are met.
Paragraph added DOF 01-05-2019
With respect to the exercise of the jurisdictional actions referred to in the first paragraph, the provisions of Section III of Article 521 of this Law shall apply.
Paragraph added DOF 01-05-2019
Article 519 - The statute of limitations is two years:
I. Workers' actions to claim payment of workers' compensation for occupational hazards;
II. The actions of the beneficiaries in cases of death due to occupational hazards; and
III. The actions to request the execution of the sentence of the Court and of the agreements entered into before it.
Reformed fraction DOF 01-05-2019
The statute of limitations runs, respectively, from the moment in which the degree of incapacity for work is determined; from the date of the death of the worker, and from the day following the date on which the judgment is notified or the agreement is approved. When the judgment imposes the obligation to reinstate, the employer may request the Court to set a term of no more than thirty days for the employee to return to work, warning him/her that if he/she does not do so, the employer may terminate the employment relationship.
Amended paragraph DOF 01-05-2019
Article 520 - The statute of limitations cannot begin or run:
I. Against mentally incompetent persons, except when their guardianship has been discerned in accordance with the law; and
II. Against workers incorporated into the military service in time of war.
Article 521 - The statute of limitations is interrupted:
I. By the sole filing of the claim or any other motion before the Tribunal, regardless of the date of notification. If the plaintiff omitted to exhaust the conciliation procedure not being exempted from doing so, the Tribunal, without establishing jurisdiction over the matter, will refer it to the competent Conciliation Authority so that it may initiate the conciliation procedure established in Title Thirteen Bis of this Law. It is not an obstacle for the interruption that the Tribunal is incompetent;
Reformed fraction DOF 30-11-2012, 01-05-2019
II. If the person in whose favor the prescription runs recognizes the right of the person against whom it prescribes, by word, in writing or by undoubted facts.
III. By the filing of the request for conciliation referred to in Article 684-B of this Law. The interruption of the statute of limitations shall cease as of the day following the day on which the Conciliation Center issues the certificate of non-conciliation or, as the case may be, the file is closed due to lack of interest of the party. It is not an obstacle for the interruption that the Conciliating Authority before which it was promoted is incompetent.
Fraction added DOF 01-05-2019
Article 522 - For the purposes of prescription, months shall be regulated by the number of days corresponding to them. The first day shall be counted as complete, even if it is not, but the last day must be complete, and when it is a holiday, the prescription shall not be considered complete until the first useful day following is completed.
TITLE ELEVEN
Labor and Social Services Authorities
CHAPTER I
General Provisions
Article 523 - The application of labor regulations is the responsibility of the respective jurisdictions:
I. To the Secretary of Labor and Social Welfare;
II. To the Ministries of Finance and Public Credit and Public Education;
II Bis. The Federal Center for Labor Conciliation and Registration;
Fraction added DOF 01-05-2019
II Ter. To the Conciliation Centers in local matters;
Fraction added DOF 01-05-2019
III. To the authorities of the Federal Entities, and their Labor Directorates or Departments;
IV. To the Procuraduría de la Defensa del Trabajo;
V. To the National Employment Service;
Reformed fraction DOF 28-04-1978, 30-11-2012
VI. To the Labor Inspection;
VII. To the National Minimum Wage Commission;
Reformed fraction DOF 21-01-1988
VIII. To the National Commission for the Participation of Workers in the Profits of the Companies;
IX. Repealed;
Section repealed DOF 30-11-2012
X. To the Courts of the Federal Judiciary, and
Reformed fraction DOF 01-05-2019
XI. To the Courts of the Federal Entities.
Reformed fraction DOF 01-05-2019
XII. Repealed.
Section repealed DOF 01-05-2019
Article 524 - The Secretariat of Labor and Social Welfare and the Labor Departments and Directorates shall have the powers assigned to them by their organic laws and labor regulations.
Article 525 . (Repealed).
Article repealed DOF 30-11-2012
Article 525 Bis .- The Judicial Branch of the Federation and the local judicial branches shall establish, subject to the applicable budgetary provisions, a judicial career service for the entry, promotion, permanence, performance evaluation, separation and retirement of their public servants.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Article 526 - The Ministry of Finance and Public Credit is responsible for the intervention indicated in Title Three, Chapter VIII, and the Ministry of Public Education is responsible for overseeing compliance with the obligations imposed by this Law on employers in educational matters and for intervening in coordination with the Ministry of Labor and Social Welfare in the training and education of workers, in accordance with the provisions of Chapter IV of this Title.
Article amended DOF 28-04-1978
CHAPTER II
Constitutional competence of the labor authorities
Article 527 .- The application of labor standards corresponds to the federal authorities, when it concerns:
I. Industrial and service branches:
Amended paragraph DOF 30-11-2012
1. Textile;
2. Electrical;
3. Cinematographic;
4. Pulp mill;
5. Sugar;
6. Mining;
7. Metallurgy and iron and steel, including the exploitation of basic minerals, their processing and smelting, as well as the production of metallic iron and steel in all its forms and alloys and rolled products thereof;
8. Hydrocarbons;
9. Petrochemicals;
10. Cement;
11. Calera;
12. Automotive, including mechanical or electrical auto parts;
13. Chemistry, including pharmaceutical chemistry and drugs;
14. Cellulose and paper;
15. Vegetable oils and fats;
16. Producer of food, covering exclusively the manufacture of food that is packaged, canned or packaged or intended for that purpose;
17. Manufacturer of beverages that are packaged or canned or that are intended for that purpose;
18. Railroad;
19. Basic lumber comprising sawmill production and the manufacture of plywood or wood agglutinates;
20. Glassworks, exclusively for the manufacture of flat, smooth or worked glass or glass containers;
Amended paragraph DOF 30-11-2012
21. Tobacco processing, which includes the processing or manufacture of tobacco products; and
Amended paragraph DOF 30-11-2012
22. Banking and credit services.
Item added DOF 30-11-2012
II. Companies:
1. Those that are administered directly or decentralized by the Federal Government;
2. Those acting under a contract or federal concession and related industries. For the purposes of this provision, those companies whose purpose is the administration and exploitation of public services or State assets on a regular and continuous basis, for the satisfaction of the collective interest, through any administrative act issued by the federal government, are considered to be acting under federal concession, and
Amended paragraph DOF 30-11-2012
3. Those that execute works in federal zones or that are under federal jurisdiction, in territorial waters or in those included in the exclusive economic zone of the Nation.
The federal authorities will also be responsible for the compliance with the employer's obligations in the areas of training and education of their workers and health and safety in the workplace.
Amended paragraph DOF 01-05-2019
The Registration Authority will only be responsible for the acts and procedures related to the registration of all collective bargaining agreements, internal labor regulations and unions.
Paragraph added DOF 01-05-2019
Article amended DOF 07-02-1975, 28-04-1978
Article 527-A .- In the application of the labor norms referring to the training and instruction of workers and those relating to safety and hygiene at work, the authorities of the Federation shall be assisted by the local authorities, in the case of companies or establishments which, in the other aspects derived from labor relations, are subject to the jurisdiction of the latter.
Article added DOF 28-04-1978
Article 528 - For the purposes of item 2 of Section II of Article 527, related companies are those permanently and directly related for the production of specific products or for the unitary rendering of services.
Article amended DOF 28-04-1978
Article 529 - In the cases not provided for in Articles 527 and 528, the application of the labor standards corresponds to the authorities of the Federal Entities.
Pursuant to the provisions of Article 527-A, the authorities of the Federal Entities shall:
I. To make available to the Federal Executive Branch competent to apply this Law, the information requested by them in order to be in a position to fulfill their functions;
II. Participate in the integration and operation of the respective State Advisory Council of the National Employment Service;
Section amended DOF 30-11-2012
III. Participate in the integration and operation of the corresponding State Advisory Commission on Occupational Safety and Health;
Section amended DOF 30-11-2012
IV. To report to the Secretary of Labor and Social Welfare the violations committed by employers in matters of safety and hygiene and training and to intervene in the execution of the measures adopted to sanction such violations and to correct irregularities in the companies or establishments subject to local jurisdiction;
V. To cooperate with the corresponding National Productivity and Training Committees;
Section amended DOF 30-11-2012
VI. To assist in the completion of the procedures related to labor skills certificates; and,
VII. Upon general determination or specific request of the federal authorities, to adopt such other measures as may be necessary to assist them in the aspects concerning such determination or request.
Article amended DOF 28-04-1978
CHAPTER III
Labor Defense Attorney's Office
Article 530 - The Labor Defense Attorney's Office has the following functions:
I. Represent or advise workers and their unions, whenever they request it, before any authority, in matters related to the application of labor standards;
II . To file the appropriate ordinary and extraordinary appeals, for the defense of the worker or union; and
III . Propose amicable solutions to the interested parties for the settlement of their conflicts and record the results in authorized minutes.
IV. To assist the Conciliation Centers in providing information and orientation to the workers who come to such instances; and
Fraction added DOF 01-05-2019
V. Assist in conciliation hearings to persons who request it.
Fraction added DOF 01-05-2019
Article 530 Bis .- Repealed.
Article added DOF 30-11-2012. Repealed DOF 01-05-2019
Article 531 - The Office of the Attorney General for the Defense of Labor shall be composed of an Attorney General and the number of Assistant Attorneys deemed necessary for the defense of the interests of the workers. The appointments shall be made by the Secretary of Labor and Social Welfare, by the Governors of the States or by the Head of Government of Mexico City.
Article amended DOF 23-12-1974, 09-04-2012, 01-05-2019
Article 532 - The Attorney General shall satisfy the following requirements:
I . Be Mexican, of legal age and in full exercise of his or her rights;
II . To have a legally issued law degree and a professional practice of not less than three years;
III . To have distinguished oneself in studies of labor and social security law;
IV . Not to be a minister of worship; and
Section amended DOF 30-11-2012
V . Not having been convicted of an intentional crime punishable by corporal punishment.
Article 533 . The Auxiliary Attorneys shall satisfy the requirements set forth in Sections I, IV and V of the preceding Article and shall have a law degree or a law degree and have obtained the patent to practice the profession.
Article amended DOF 30-11-2012
Article 533 Bis . The legal personnel of the Attorney General's Office is prevented from acting as attorney-in-fact, advisor or employer's attorney in private labor matters, as long as they are public servants in the service of the Attorney General's Office.
Article added DOF 30-11-2012
Article 534 - The services rendered by the Labor Defense Attorney's Office shall be free of charge.
Article 535 - The Authorities are obliged to provide the Labor Defense Attorney's Office with the data and reports it may request for the better performance of its functions.
Article 536 .- The regulations shall determine the powers, the manner of its exercise and the duties of the Labor Defense Attorney's Office.
Chapter IV
From the National Employment Service
Title of the Chapter amended DOF 28-04-1978, 30-11-2012
Article 537 . The National Employment Service shall have the following objectives:
I . To study and promote the operation of public policies that support the generation of employment;
II . Promote and design mechanisms to follow up on the placement of workers;
III . Organize, promote and supervise policies, strategies and programs aimed at the training and education of workers;
IV . To register the certificates of labor skills;
V . Link job and vocational training with the demand of the productive sector;
VI. Design, conduct and evaluate specific programs to generate employment opportunities for young people and groups in vulnerable situations; and
VII . To coordinate with the competent authorities the system of standardization and certification of labor competence.
Article amended DOF 28-04-1978, 30-11-2012
Article 538 . The National Employment Service shall be under the responsibility of the Ministry of Labor and Social Welfare, through the administrative units thereof, which are responsible for the corresponding functions, under the terms of its Internal Regulations.
Article amended DOF 28-04-1978, 30-12-1983, 30-11-2012
Article 539 - In accordance with the provisions of the preceding article and for the purposes of Article 537, the following activities correspond to the Secretariat of Labor and Social Welfare:
Amended paragraph DOF 30-12-1983
I . In the area of employment promotion:
a) Conduct studies to determine the causes of unemployment and underemployment of rural and urban labor;
b ) Permanently analyze the labor market, through the generation and processing of information that follows up on the dynamics of employment, unemployment and underemployment in the country;
Section amended DOF 30-11-2012
c ) To formulate and permanently update the National System of Occupations, in coordination with the Ministry of Public Education and other competent authorities;
Section amended DOF 30-11-2012
d ) Promote articulation among labor market actors to improve employment opportunities;
Section amended DOF 30-11-2012
e ) To prepare reports and formulate programs to promote employment in the country, as well as to ensure their implementation;
Section amended DOF 30-11-2012
f ) Orient vocational training towards the areas with the greatest demand for labor;
Section amended DOF 30-11-2012
g ) Propose the execution of agreements on employment matters, between the Federation and the Federal States; and,
h ) In general, to carry out all those that the Laws and regulations entrust to the Secretary of Labor and Social Welfare in this matter.
Section amended DOF 30-11-2012
II. In the matter of placement of workers:
a) Orient job seekers to the vacancies offered by employers based on their training and skills;
Section amended DOF 30-11-2012
b) Authorize and register, as the case may be, the operation of private agencies engaged in the placement of persons;
c ) Oversee that the private entities referred to in the preceding paragraph comply with the obligations imposed on them by this law, its regulations and the administrative provisions of the labor authorities;
d ) To intervene, in coordination with the Ministries of the Interior, Economy and Foreign Affairs, within the scope of their respective competencies, in the hiring of nationals who are going to render their services abroad;
Section amended DOF 30-11-2012
e ) To propose the execution of agreements on the placement of workers, between the Federation and the Federal Entities; and,
f ) In general, to carry out all those that the Laws and regulations entrust to the Secretary of Labor and Social Welfare in this matter.
Section amended DOF 30-11-2012
III. In the matter of training of workers:
a ) (repealed).
Subsection repealed DOF 30-11-2012
b) To issue calls for the formation of National Training, Education and Productivity Committees in the industrial branches or activities in which it deems it convenient, as well as to establish the bases for the integration and operation of such committees;
Section amended DOF 30-11-2012
c) Study and, as the case may be, suggest, in relation to each industrial branch or activity, the issuance of suitable general criteria for training and training plans and programs, hearing the opinion of the corresponding National Training, Training and Productivity Committee;
Section amended DOF 30-11-2012
d) Authorize and register, under the terms of Article 153-C, institutions, schools or specialized organizations, as well as independent instructors who wish to provide education, training or training to workers; supervise their correct performance; and, if applicable, revoke the authorization and cancel the registration granted;
Section amended DOF 30-11-2012
e ) (repealed).
Subsection repealed DOF 30-11-2012
f) Study and suggest the establishment of general systems to enable, train or train workers, in accordance with the conventional adhesion procedure referred to in Article 153-B;
g ) To rule on the penalties to be imposed for violations of the rules contained in Chapter III Bis of Title Four;
h ) Establish coordination with the Ministry of Public Education to suggest, promote and organize plans or programs for job training and education and, if appropriate, for the issuance of certificates, in accordance with the provisions of this Law, the educational ordinances and other provisions in force; and
Section amended DOF 30-11-2012
i ) In general, to carry out all those that the laws and regulations entrust to the Ministry of Labor and Social Welfare in this matter.
lV. In the matter of registration of labor skills certificates:
a ) Establish registers of certificates relating to trained or skilled workers, within each of the industrial branches or activities; and
b) In general, to carry out all those that the laws and regulations confer to the Secretary of Labor and Social Welfare in this matter.
V . In terms of linking labor and vocational training with the strategic demand of the productive sector, propose and implement mechanisms to link vocational training with those priority areas for regional and national development, as well as with those that present higher rates of demand.
Section added DOF 30-11-2012
VI. In matters of standardization and certification of labor competence, jointly with the Ministry of Public Education and other competent federal authorities:
a) Determine the general guidelines applicable throughout the Republic for the definition of those knowledge, abilities or skills susceptible of certification, as well as the corresponding evaluation procedures. In order to establish such guidelines, procedures shall be established to consider the needs, proposals and opinions of the different productive sectors; and
b ) Establish a certification system, applicable to the entire Republic, according to which it is possible to accredit knowledge, abilities or skills, intermediate or terminal, in a partial and cumulative manner, required by an individual for the execution of a productive activity, regardless of the manner in which they have been acquired.
Section added DOF 30-11-2012
Article amended DOF 28-04-1978
Article 539-A . For the fulfillment of its functions, in relation to companies or establishments belonging to industrial branches or activities under federal jurisdiction, the Ministry of Labor and Social Welfare shall be advised by a Consultative Council of the National Employment Service, composed of representatives of the public sector, of the national workers' organizations and of the national employers' organizations, at the rate of five members for each of them, with their respective alternates.
Erratum to paragraph DOF 13-04-1984. Amended DOF 30-11-2012
Representatives of the Ministry of Labor and Social Welfare, the Ministry of Public Education, the Ministry of Economy, the Ministry of Energy and the Mexican Social Security Institute will participate on behalf of the Public Sector.
Amended paragraph DOF 09-04-2012
The representatives of the labor organizations and of the employers shall be appointed in accordance with the bases issued by the Secretary of Labor and Social Welfare.
Amended paragraph DOF 30-11-2012
The Secretary of Labor and Social Welfare may invite to participate in the Advisory Council of the National Employment Service, with the right to speak but not to vote, five persons who, due to their background and experience, may make contributions on the subject.
Paragraph added DOF 30-11-2012
The Advisory Council will be presided over by the Secretary of Labor and Social Welfare, the secretary of the same will be the official determined by the head of the Secretariat itself, and its operation will be governed by the regulations issued by the Council itself.
Amended paragraph DOF 30-11-2012
Article added DOF 28-04-1978. Amended DOF 30-12-1983
Article 539-B .- In the case of companies or establishments subject to local jurisdiction and for the performance of the activities referred to in Sections III and IV of Article 539, the Ministry of Labor and Social Welfare shall be advised by State and Mexico City Advisory Councils of the National Employment Service.
Amended paragraph DOF 01-05-2019
The State and Mexico City Consultative Councils of the National Employment Service will be formed by the Governor of the corresponding Federal Entity or by the Head of Government of Mexico City, who will preside; two representatives of the Ministry of Labor and Social Welfare, the Ministry of Public Education and the Mexican Social Security Institute; three representatives of the local workers' organizations and three representatives of the employers' organizations of the Entity. The representative of the Ministry of Labor and Social Welfare will act as Secretary of the Council.
Amended paragraph DOF 01-05-2019
The Secretary of Labor and Social Welfare and the Governor of the corresponding Federal Entity or the Head of Government of Mexico City will jointly issue the bases according to which the representatives of the workers and of the employers must be appointed in the aforementioned Advisory Councils and will formulate, for such purpose, the invitations that may be required.
Amended paragraph DOF 01-05-2019
The Secretary of Labor and Social Welfare and the Governor of the Federal Entity or the Head of Government of Mexico City, may invite to participate in the State and Mexico City Advisory Councils of the National Employment Service, respectively, three persons with the right to speak, but not to vote, who due to their background and experience can make contributions in the matter.
Amended paragraph DOF 01-05-2019
The Advisory Councils shall be subject to the regulations issued for such purpose by each one of them.
Article added DOF 28-04-1978. Amended DOF 30-12-1983. Erratum DOF 13-04-1984. Amended DOF 30-11-2012
Article 539-C .- The state labor authorities shall assist the Secretariat of Labor and Social Welfare in the performance of its functions, in accordance with the provisions of Articles 527-A and 529.
Article added DOF 28-04-1978. Amended DOF 30-12-1983
Article 539-D .- The service for the placement of workers shall invariably be free of charge for them and shall be provided, according to the regime of application of this Law, by the Secretariat of Labor and Social Welfare or by the competent bodies of the Federal Entities, in accordance with the provisions of Section II of Article 539, in both cases.
Article added DOF 28-04-1978. Amended DOF 30-12-1983
Article 539-E .- Other official agencies, educational institutions, trade union or employers' organizations, charitable institutions and other non-profit civil associations may participate in the provision of the service referred to in the preceding article. In these cases, they shall inform the Ministry of Labor and Social Welfare for purposes of registration and control and so that it may be in a position to coordinate actions in this matter.
Article added DOF 28-04-1978. Amended DOF 30-12-1983
Article 539-F - Authorizations for the operation of placement agencies, for profit-making purposes, may only be granted exceptionally, for the hiring of workers to perform special jobs.
Such authorizations will be granted upon request of the interested party, when in the opinion of the Ministry of Labor and Social Welfare the rendering of the service by private individuals is justified and once the requirements established for such purpose are satisfied. In these cases, in accordance with the provisions of Article 539-D, the service must be free of charge for the workers and the rates according to which they are rendered must be previously established by the Ministry of Labor and Social Welfare.
Article added DOF 28-04-1978
CHAPTER V
Labor inspection
Article 540 - The Labor Inspection has the following functions:
I. To monitor compliance with labor standards;
II. Provide technical information and advice to workers and employers on the most effective way to comply with labor standards;
III. Bring to the attention of the authorities the deficiencies and violations of labor standards observed in companies and establishments;
IV. To carry out studies and collect data requested by the authorities and those it deems convenient to ensure the harmony of the relations between workers and employers; and
V. Any other powers conferred by law.
Article 541 - The Labor Inspectors have the following duties and powers:
I. To oversee compliance with labor regulations, especially those that establish the rights and obligations of workers and employers, those that regulate the work of women and minors, and those that determine the preventive measures for occupational hazards, safety and hygiene;
II. Visit companies and establishments during working hours, day or night, with prior identification;
III . Interrogate, alone or before witnesses, workers and employers on any matter related to the application of labor standards;
IV . To demand the presentation of books, records or other documents required by labor regulations;
V. Repealed.
Section repealed DOF 01-05-2019
V Bis. To assist the corresponding Conciliation Centers and Courts, carrying out the diligences that may be requested in the matter of labor standards;
Fraction added DOF 01-05-2019
VI . To arrange for the elimination of proven defects in work facilities and methods of work when they constitute a violation of work standards or a danger to the safety or health of workers;
Section amended DOF 30-11-2012
VI Bis. To order, after consultation with the General Directorate of Federal Labor Inspection, the adoption of safety measures of immediate application in case of imminent danger to the life, health or integrity of persons. In this case, if so authorized, the Inspectors must decree the restriction of access or limit the operation in the detected risk areas. In this case, they must give a copy of the determination to the employer for the appropriate legal effects.
Within 24 hours thereafter, the Labor Inspectors, under their strictest responsibility, shall submit a detailed written report to the Secretariat of Labor and Social Welfare, with a copy thereof to the employer.
Section added DOF 30-11-2012
VI Ter. In the case of the Federal Labor Inspection, to assist the Federal Center for Labor Conciliation and Registration and the Federal Court, in the proceedings requested in matters of freedom of association, election of leaders and representativeness in collective bargaining;
Fraction added DOF 01-05-2019
VII. To examine the substances and materials used in the enterprises and establishments when hazardous works are involved; and
VIII. Any others conferred by law.
Labor Inspectors shall promptly comply with the instructions received from their hierarchical superiors in relation to the exercise of their duties.
Article 542 - The Labor Inspectors have the following obligations:
I. Identify themselves with duly authorized credentials, before workers and employers;
II. Periodically inspect companies and establishments;
Reformed fraction DOF 02-07-2019
III. Carry out extraordinary inspections when required by their superiors or when they receive a complaint regarding violations of labor standards;
IV . Draw up the minutes of each inspection carried out, with the participation of the workers and the employer, recording the deficiencies and violations of labor standards, deliver a copy to the parties involved and forward it to the appropriate authority; and
V . Any other duties imposed by law.
The inspection will be carried out with special attention to migrant domestic workers, persons belonging to a vulnerable group, as well as domestic workers under eighteen years of age.
Paragraph added DOF 02-07-2019
Article 543 - The facts certified by the Labor Inspectors in the minutes they draw up in the exercise of their functions, shall be deemed to be true until proven otherwise.
Article 544 - Labor Inspectors are prohibited:
I. Having direct or indirect interest in the companies or establishments subject to its supervision;
II . Disclose industrial or trade secrets and manufacturing and operating procedures that they learn in the course of their duties; and
III. Represent or sponsor workers or employers in labor disputes.
Article 545 .- The Labor Inspection shall be integrated with a General Director and with the number of Inspectors, men and women, deemed necessary for the fulfillment of the functions mentioned in Article 540. The appointments shall be made by the Secretariat of Labor and Social Welfare and by the Governments of the Federal Entities.
Article 546 - To be a Labor Inspector is required:
I. Be Mexican, of legal age, and in full exercise of his or her rights;
II. To have completed high school or its equivalent;
Section amended DOF 30-11-2012
III. Not to belong to workers' or employers' organizations;
IV. Demonstrate sufficient knowledge of labor and social security law and have the necessary technical preparation for the exercise of their functions;
V. Not be a minister of worship; and
Section amended DOF 30-11-2012
VI. Not to have been convicted of an intentional crime punishable by corporal punishment.
Article 547 - Special causes of responsibility of labor inspectors:
I. Failure to perform the inspections referred to in Article 542, Sections II and III;
II. To state false facts in the minutes they take;
III. Violation of the prohibitions referred to in Article 544;
IV. Directly or indirectly receiving any gift from workers or employers;
V. Failure to comply with orders received from his or her superior officer; and
VI. Failure to report to the Public Prosecutor's Office, the employer of an industrial, agricultural, mining, commercial or service business that omits to pay or has failed to pay the general minimum wage to a worker in its service.
Fraction added DOF 24-12-1974
Article 548 .- The penalties that may be imposed on Labor Inspectors, regardless of the provisions of the criminal laws, are:
I. Admonishment;
II. Suspension for up to three months; and
III . Dismissal.
Article 549 - The following rules shall be observed in the imposition of penalties:
I. The Director General shall conduct an investigation after hearing the interested party;
II. The Director General may impose the penalties set forth in sections I and II of the preceding article.
III. When in the opinion of the Director General the applicable sanction is dismissal, he/she shall inform the Secretary of Labor and Social Welfare, the Governor of the State or Territory or the Head of Government of Mexico City, for his/her decision.
Reformed fraction DOF 09-04-2012, 01-05-2019
Article 550 .- The regulations shall determine the powers, the manner of their exercise and the duties of the Labor Inspection.
CHAPTER VI
National Minimum Wage Commission
Article 551 .- The National Minimum Wage Commission shall operate with a Chairman, a Council of Representatives and a Technical Directorate.
Article 552 - The Chairman of the Commission shall be appointed by the President of the Republic and shall meet the following requirements:
I. Be Mexican, over thirty-five years of age and in full exercise of his rights;
II. Possess a legally issued degree in law or economics;
III. To have distinguished oneself in studies of labor and economic law;
IV. Not to be a minister of worship; and
Section amended DOF 30-11-2012
V. Not having been convicted of an intentional crime punishable by corporal punishment.
Article 553 - The Chairman of the National Minimum Wage Commission has the following duties and powers:
Amended paragraph DOF 21-01-1988
I. Submit to the Council of Representatives the annual work plan prepared by the Technical Directorate;
II. To meet with the Director and the Technical Advisors at least once a month; to oversee the development of the work plan to carry out the investigations and complementary studies it deems appropriate;
III. Periodically inform the Secretary of Labor and Social Welfare of the activities of the Commission;
IV. To call and preside over the meetings of the Council of Representatives;
V. To arrange for the organization and oversee the operation of the Advisory Committees of the National Commission;
Reformed fraction DOF 21-01-1988
VI. Chair the work of the Advisory Committees or designate, as the case may be, those who shall chair them;
Reformed fraction DOF 21-01-1988
VII. Any others conferred by law.
Article 554 .- The Council of Representatives shall be composed of:
I. With the representation of the government, composed of the President of the Commission, who will also be the President of the Council and who will have the vote of the government, and two advisors, with informative voice, appointed by the Secretary of Labor and Social Welfare;
II. With an equal number, not less than five nor more than fifteen, of proprietary and alternate representatives of the unionized workers and of the employers, appointed every four years, in accordance with the call issued for such purpose by the Secretary of Labor and Social Welfare. If the workers or the employers do not make the appointment of their representatives, it will be made by the same Ministry of Labor and Social Welfare, and must be made by the workers or employers; and
III. The Council of Representatives shall be constituted no later than July 1 of the corresponding year.
Article 555 - The advisory representatives referred to in Section I of the preceding article shall satisfy the following requirements:
I. Be Mexican citizens, over thirty years of age and in full exercise of their rights;
II. Possess a legally issued degree in law or economics;
III. Not to be a minister of worship; and
Reformed fraction DOF 30-11-2012
IV. Not having been convicted of an intentional crime punishable by corporal punishment.
Article 556 - The representatives of the workers and of the employers shall satisfy the following requirements:
I. Be Mexican nationals, over twenty-five years of age and in full exercise of their rights;
II. Not to be a minister of worship; and
Section amended DOF 30-11-2012
III. Not having been convicted of an intentional crime punishable by corporal punishment.
Article 557 - The Council of Representatives has the following duties and powers:
I. Determine, in the first session, its working method and the frequency of the sessions;
II . To approve annually the work plan of the Technical Directorate;
III. To hear the opinion formulated by the Technical Directorate and issue a resolution determining or modifying the geographic areas in which the minimum wages will apply. The resolution will be published in the Official Gazette of the Federation;
Reformed fraction DOF 21-01-1988
IV. To directly conduct and carry out the investigations and studies it deems convenient and to request the Technical Directorate to carry out complementary investigations and studies;
Reformed fraction DOF 21-01-1988
V. Appoint one or more commissions or technicians to conduct investigations or special studies;
VI . Approve the creation of consultative commissions of the National Commission and determine the basis for their integration and operation.
Reformed fraction DOF 21-01-1988
VII . To be informed of the opinions formulated by the consultative commissions at the end of their work;
Reformed fraction DOF 21-01-1988
VIII . To fix the general and professional minimum salaries; and
Reformed fraction DOF 21-01-1988
IX . Any others conferred by law.
Section added DOF 21-01-1988
Article 558 - The Technical Directorate shall be integrated:
I . With a Director, appointed by the Secretary of Labor and Social Welfare;
II . With the number of Technical Advisors to be appointed by the Secretariat; and
III . With an equal number, determined by the Ministry of Labor and Social Welfare of Auxiliary Technical Advisors, appointed by the representatives of the workers and employers. These advisors will enjoy, charged to the Federal Expenditure Budget, the same remuneration paid to those appointed by the Ministry of Labor and Social Welfare.
Article 559 - The designation of the Auxiliary Technical Advisor referred to in Section III of the preceding Article may be revoked at any time, at the request of fifty-one percent of the workers or employers who have made it. The request will be sent to the Secretary of Labor and Social Welfare, which after verifying the majority requirement, will make the corresponding declaration. The request must contain the name and domicile of the person who is to hold the office.
Article 560 - The Director, the Technical Advisors and the Assistant Technical Advisors shall meet the following requirements:
I . Be Mexican nationals, over twenty-five years of age and in full exercise of their rights;
II . Possess a legally issued degree in law or economics;
III . Not to be a minister of worship; and
Section amended DOF 30-11-2012
IV . Not having been convicted of an intentional crime punishable by corporal punishment.
Article 561 - The Technical Management has the following duties and powers:
I . To conduct the necessary and appropriate technical studies to determine the division of the Republic into geographic areas, formulate an opinion and propose it to the Council of Representatives;
II . To propose to the Council of Representatives modifications to the Division of the Republic in geographic areas and to the integration of the same; whenever there are circumstances that justify it;
III . To carry out the necessary and appropriate investigations and studies so that the Council of Representatives may set minimum wages;
IV . To suggest the fixing of minimum professional salaries;
V . Regularly publish price fluctuations and their impact on the cost of living for the main localities of the country;
VI . To resolve, upon order of the President, the consultations formulated to it in relation to price fluctuations and their repercussions on the purchasing power of salaries;
VII . To support the technical work and research of the Advisory Committees; and
VIII . Any others conferred by law.
Article amended DOF 30-09-1974, 21-01-1988
Article 562 .- In order to fulfill the powers referred to in section III of the preceding article, the Technical Directorate shall:
I . Practice and conduct the necessary and appropriate investigations and studies to determine, at least:
a) The general economic situation of the country.
b ) The most important changes that have been observed in the various economic activities.
c ) Variations in the cost of living per family.
d ) Labor market conditions and wage structures.
II . To carry out periodically the necessary investigations and studies to determine:
a ) The indispensable budget for the satisfaction of the following needs of each family, among others: material needs, such as housing, household goods, food, clothing and transportation; social and cultural needs, such as attending shows, practicing sports, attending training schools, libraries and other cultural centers; and those related to the education of children.
b ) The living and working conditions of minimum wage workers.
III . To request all kinds of reports and studies from official, federal and state institutions and from private institutions dealing with economic problems, such as social and economic research institutes, trade union organizations, chambers of commerce, chambers of industry and other similar institutions;
IV. Receive and consider the studies, reports and suggestions submitted by the workers and employers; and
V . Prepare a report of the investigations and studies it has carried out and of those presented by the workers and the employers and submit it to the consideration of the Council of Representatives.
Article amended DOF 21-01-1988
Article 563 - The Technical Director has the following duties and powers:
I . Coordinate the work of the advisors;
II . Periodically inform the President of the Commission and the Council of Representatives of the status of the work and suggest that complementary research and studies be carried out;
III . To act as Secretary of the Council of Representatives; and
IV . To arrange, prior agreement with the Chairman of the National Commission, the timely integration of the Technical Secretariats of the Advisory Committees; and
Section added DOF 21-01-1988
V . Any others conferred by law.
Section moved through DOF 21-01-1988
CHAPTER VII
Consultative Commissions of the National Minimum Wage Commission
Title of the Chapter amended DOF 21-01-1988
Article 564 .- The Chairman of the National Commission shall determine, in each case, the bases for the organization and operation of the Advisory Committees.
Article amended DOF 21-01-1988
Article 565 - The Advisory Committees shall be formed in accordance with the following provisions:
I. With a president;
II. With an equal number of representatives of the workers and of the employers, not less than three nor more than five, designated in accordance with the provisions of Chapter II of Title Thirteen of this Law;
III . With the technical advisors and specialists deemed convenient, designated by the Chairman of the National Commission; and
IV . With a Technical Secretariat.
Article amended DOF 21-01-1988
Article 566 - The representatives of the workers and of the employers shall satisfy the requirements set forth in Article 556.
Article amended DOF 21-01-1988
Article 567 - The Advisory Committees shall have the following duties and powers:
I . Determine at the first session its working method and the frequency of its meetings;
II. Approve the Work Plan formulated by the Technical Secretariat and request, as the case may be, the performance of complementary research and studies;
III . To practice and directly carry out the investigations it deems pertinent for the best fulfillment of its function;
IV . To directly request, when it deems it convenient, the reports and studies referred to in Article 562, Section III;
V. To request the opinion of workers' organizations, employers and in general of any public or private entity;
VI . Receive suggestions and studies submitted by workers, employers and in general any public or private entity;
VII . To obtain all the elements that they deem necessary and appropriate for the fulfillment of its purpose;
VIII . Issue a report with the opinions and recommendations it deems pertinent in relation to the matters within its competence; and
IX . Any others conferred by law.
Article amended DOF 21-01-1988
Article 568 - The Chairman of the Advisory Committee shall have the following duties and powers:
I . To call and preside over the meetings of the Commission;
II . Submit to the Consultative Commission the Work Plan formulated by the Technical Secretariat and oversee its development;
III. Periodically inform the President of the National Commission, if applicable, of the development of the work of the Consultative Commission and inform him/her of the termination of the same;
IV . To present to the Council of Representatives, through the President of the National Commission, the results of the work of the Advisory Commission; and
V. Any others conferred by law.
Article amended DOF 21-01-1988
Article 569 .- The Technical Secretariat of the Advisory Committee shall have the following duties and powers:
I. To carry out the investigations and studies foreseen in the Work Plan approved by the Advisory Committee and those subsequently entrusted to it;
II . Request all kinds of reports and studies from official agencies and institutions and public and private entities related to the subject matter of its work;
III. Receive and consider studies, reports and suggestions submitted by workers and employers;
IV . To bring all other elements that it deems necessary or appropriate;
V . Prepare the working documents and reports required by the Commission;
VI. Prepare a final report containing the results of the investigations and studies carried out and a summary of the suggestions and studies of the workers and employers and submit it to the consideration of the Advisory Committee; and
VII. Any others conferred by law.
Article amended DOF 21-01-1988
CHAPTER VIII
Proceedings before the National Minimum Wage Commission
Title of the Chapter amended DOF 21-01-1988
Article 570 - Minimum wages shall be fixed each year and shall become effective on January 1 of the following year.
Minimum wages may be revised at any time during their term provided that there are economic circumstances that justify it:
I. At the initiative of the Secretary of Labor and Social Welfare, who shall formulate a written request to the President of the National Minimum Wage Commission containing a statement of the facts that motivate it; or
II . At the request of labor unions, federations and confederations of workers or employers upon compliance with the following requirements:
a) The request must be submitted to the Ministry of Labor and Social Welfare by unions, federations and confederations representing at least fifty-one percent of the unionized workers, or by employers who have at least such percentage of workers in their service.
b) The application shall contain a statement of the grounds justifying it and may be accompanied by the corresponding studies and documents.
c ) The Secretary of Labor and Social Welfare, within five days following the date on which he receives the corresponding request and prior certification of the majority referred to in paragraph a) of this article, shall forward it to the President of the National Minimum Wage Commission with the accompanying studies and documents.
Article amended DOF 30-09-1974, 31-12-1982, 21-01-1988
Article 571 - The following rules shall be observed in fixing the minimum wages referred to in the first paragraph of Article 570:
I. Workers and employers shall have a term expiring on the last day of November to submit the studies they deem convenient;
II. The Technical Directorate shall submit to the consideration of the Council of Representatives, no later than the last day of November, the Report referred to in Section V of Article 562 of this Law;
III. The Council of Representatives, during the month of December and before the last working day of the same month, shall issue a resolution fixing the minimum wages, after studying the report of the Technical Directorate, and the opinions, studies and investigations presented by the workers and the employers. For such purpose, it may directly carry out the investigations and studies it deems convenient and request supplementary information from the Technical Directorate;
IV . The National Commission shall express in its resolution the grounds that justify it; and
V . Once the resolution has been issued, the President of the Commission shall order its publication in the Official Gazette of the Federation, which shall be made no later than December thirty-first.
Article amended DOF 30-09-1974, 31-12-1982, 21-01-1988
Article 572 .- (Repealed).
Article repealed DOF 21-01-1988
Article 573 - In the revision of minimum wages referred to in the second paragraph of Article 570 of the Law, the following procedures shall be observed:
I . The President of the National Commission, within three days following the date on which he has received the request from the Secretary of Labor and Social Welfare or, if applicable, the request submitted by the workers' organizations or employers, will convene the Council of Representatives to study the request and decide whether the grounds supporting it are sufficient to initiate the review process. If the resolution is in the affirmative, it will order the Technical Directorate to prepare a report considering the movement of prices and its repercussions on the purchasing power of the minimum wages; as well as the most significant data of the national economic situation so that the Council of Representatives may have the necessary information to review the minimum wages in force and fix, as the case may be, those to be established. If its resolution is negative, it will inform the Secretary of Labor and Social Welfare;
II. The Technical Directorate shall have a term of five days, as from the date on which it was instructed by the Chairman of the National Commission, to prepare the report referred to in the preceding section and submit it to the Council of Representatives through the Chairman of the Commission;
III . The Council of Representatives, within three days following the date on which it receives the report from the Technical Directorate, shall issue the corresponding resolution fixing, as the case may be, the minimum wages to be established;
IV . The resolution of the National Commission shall establish the date on which the new minimum wages to be set shall become effective, which may not be later than ten days from the date on which the resolution is issued; and
V . The President of the National Minimum Wage Commission shall order the publication of the Resolution in the Official Gazette of the Federation within three days following the date on which it was issued.
Article amended DOF 30-09-1974, 31-12-1982, 21-01-1988
Article 574 - The following rules shall be observed in the proceedings referred to in this Chapter:
Amended paragraph DOF 21-01-1988
I. In order for the Council of Representatives of the National Commission to meet, it shall be necessary that at least fifty-one percent of the total number of its members be present;
Reformed fraction DOF 21-01-1988
II. If one or more representatives of the workers or of the employers fail to attend a meeting, the alternates shall be called; if they do not attend the meeting for which they were called, the Chairman of the Commission shall inform the Secretary of Labor and Social Welfare so that he may designate the person or persons who shall integrate the Commission in substitution of the absentees;
III . Decisions shall be made by majority vote of the members present. In the event of a tie, the votes of those absent shall be added to the vote of the Chairman of the Commission; and
IV . Minutes shall be taken of each meeting, which shall be signed by the Chairman and the Secretary.
CHAPTER IX
National Commission for the participation of workers in company profits
Article 575 .- The National Commission for the Participation of Workers in the Profits of Companies shall be formed and shall function to determine the corresponding percentage and to proceed to its revision, in accordance with the provisions of this Chapter.
Article 576 - The Commission shall operate with a Chairman, a Council of Representatives and a Technical Directorate.
Article 577 - The Chairman of the Commission shall be appointed by the President of the Republic and must meet the requirements set forth in Article 552.
Article 578 .- The Chairman of the Commission has the following duties and powers:
I . Submit to the Council of Representatives the work plan of the Technical Directorate, which must include all necessary and appropriate studies and investigations to ascertain the general conditions of the national economy;
II. Meet with the Director and Technical Advisors at least once a month and monitor the development of the work plan;
III . Periodically inform the Secretary of Labor and Social Welfare of the activities of the Commission;
IV . To summon and preside over the meetings of the Council of Representatives; and
V . Any others conferred by law.
Article 579 .- The Council of Representatives shall be composed of:
I . With the representation of the government, composed of the Chairman of the Commission, who shall also be the Chairman of the Council and who shall have the vote of the government, and of two advisors, with informative voice, appointed by the Secretary of Labor and Social Welfare; and
II . With an equal number, not less than two nor more than five, of proprietary and alternate representatives of the unionized workers and of the employers, designated in accordance with the call issued for such purpose by the Ministry of Labor and Social Welfare. If the workers and employers do not make the designation of representatives, the same Ministry will make the corresponding designations, which must be made by workers or employers.
Article 580 - The advisory representatives referred to in Section I of the preceding Article shall satisfy the requirements set forth in Article 555.
The representatives of the workers and of the employers referred to in section II of the preceding article must satisfy the requirements set forth in article 556.
Article 581 - The Council of Representatives has the following duties and powers:
I . Determine, within fifteen days following its installation, its working methods and the frequency of its meetings,
II . Approve the work plan of the Technical Directorate and request it to carry out complementary research and studies;
III . To practice and directly carry out the investigations and studies it deems convenient for the best fulfillment of its function;
IV. To directly request, when it deems it convenient, the reports and studies referred to in Article 584, Section II;
V. To request the opinion of workers' and employers' associations;
VI. Receive suggestions and studies submitted by workers and employers;
VII . Appoint one or more commissions or technicians to conduct investigations and special studies;
VIII . To provide all other elements that it deems necessary or appropriate;
IX. Determine and review the percentage that should correspond to the workers in the profits of the companies; and
X . Any others conferred by law.
Article 582 - The Technical Directorate shall be integrated:
I . With a Director, appointed by the Secretary of Labor and Social Welfare;
II. With the number of technical advisors to be appointed by the Secretariat; and
III . With an equal number, determined by the Ministry of Labor and Social Welfare, of Auxiliary Technical Advisors, appointed by the representatives of the workers and the employers. These advisors will enjoy, charged to the Federal Expenditure Budget, the same remuneration paid to those appointed by the Secretariat.
Article 583 - The Director, the Technical Advisors and the Assistant Technical Advisors shall meet the requirements set forth in Article 560. The provisions of Article 559 shall apply to the Assistant Technical Advisors.
Article 584 - The Technical Management has the following duties and powers:
I . To conduct the investigations and studies provided for in the work plan approved by the Council of Representatives and those subsequently entrusted to it;
II . To request all kinds of reports and studies from official, federal or state institutions and from private institutions dealing with economic problems, such as social and economic research institutes, trade union organizations, chambers of commerce, chambers of industry and other similar institutions.
III. Receive and consider studies, reports and suggestions submitted by workers and employers;
IV . To bring all other elements that it deems necessary or appropriate;
V . Prepare a report, which must contain the results of the investigations and studies carried out and a summary of the suggestions and studies of the workers and employers and submit it to the consideration of the Council of Representatives; and
VI . Any others conferred by law.
Article 585 - The Technical Director has the following duties and powers:
I . Coordinate the work of the Advisors;
II . Periodically inform the President of the Commission and the Council of Representatives of the status of the work and suggest that complementary research and studies be carried out;
III. To act as Secretary of the Council of Representatives; and
IV . Any others conferred by law.
Article 586 - The following rules shall be observed in the operation of the Commission:
I. The President shall publish a notice in the Official Gazette, granting workers and employers a term of three months to submit suggestions and studies, accompanied by the corresponding evidence and documents;
II. The Commission shall have a term of eight months for the Technical Directorate to develop the work plan approved by the Council of Representatives and for the latter to fulfill the duties set forth in article 581, sections III to VIII;
III. The Council of Representatives shall issue the decision within the following month;
IV . The resolution shall express the grounds that justify it. The Council of Representatives shall take into consideration the provisions of article 118, the report of the Technical Directorate, the investigations and studies it may have carried out and the suggestions and studies presented by the workers and the employers;
V . The resolution shall fix the percentage that should correspond to the workers on the taxable income, without making any deduction or establishing differences between the companies; and
VI. The President shall order the publication of the resolution in the Official Gazette of the Federation within five days thereafter.
Article 587 - For the review of the percentage, the Commission shall meet:
I. By call issued by the Secretary of Labor and Social Welfare, when there are studies and investigations that justify it; and
II . At the request of labor unions, federations or confederations of workers or employers, upon compliance with the following requirements:
a ) The request must be submitted to the Ministry of Labor and Social Welfare by unions, federations or confederations representing at least fifty-one percent of the unionized workers, or by the employers who have such percentage of workers in their service.
b ) The request shall contain a statement of the causes and grounds that justify it and shall be accompanied by the corresponding studies and documents.
c ) The Secretary of Labor and Social Welfare, within ninety days thereafter, shall verify the majority requirement.
d ) Once said requirement has been verified, the same Secretariat, within the following thirty days, shall summon the workers and employers for the election of their representatives.
Article 588 - The following rules shall be observed in the review procedure:
I . The Council of Representatives shall study the request and decide whether the grounds supporting it are sufficient to initiate the review procedure. If its decision is negative, it shall inform the Secretary of Labor and Social Welfare and shall be dissolved; and
II . The powers and duties of the Chairman, the Council of Representatives and the Technical Directorate, as well as the operation of the Commission, shall be in accordance with the provisions of this Chapter.
Article 589 - Unions, federations and confederations of workers or employers may not file a new request for review until ten years have elapsed from the date on which the request was rejected or resolved.
Article 590 - In the proceedings referred to in this Chapter, the rules contained in Article 574 shall be observed.
CHAPTER IX BIS
From the Federal Center for Conciliation and Labor Registry
Chapter added DOF 01-05-2019
Article 590-A .- The Federal Center for Labor Conciliation and Registration has the following attributions:
I. To perform in federal matters the conciliatory function referred to in the fourth paragraph of section XX of Article 123 of the Constitution;
II. To keep the registry of all collective bargaining agreements, internal work regulations and union organizations, as well as all acts and procedures referred to in the fourth paragraph of section XX of Article 123 of the Constitution;
III. Establish the Professional Career Service and select its personnel through an open competition under equal conditions;
IV. Establish training and professional development plans incorporating a gender perspective and a human rights approach, and
V. Any others derived from this Law and the applicable regulations.
Article added DOF 01-05-2019
Article 590-B .- The Federal Center for Labor Conciliation and Registration shall be constituted and shall operate in accordance with the following guidelines:
It will be a Decentralized Public Agency of the Federal Government, domiciled in Mexico City and will have regional offices in accordance with the guidelines established by the Governing Body. It will have legal personality and its own assets, full technical, operational, budgetary, decision-making and management autonomy. It will be governed by the principles of certainty, independence, legality, impartiality, equality, reliability, efficiency, objectivity, professionalism, transparency and publicity.
It will be competent to substantiate the conciliation procedure that workers and employers must exhaust before going to court, as established in the fifth paragraph of section XX of Article 123, paragraph A, of the Political Constitution of the United Mexican States.
In addition, it will be competent to operate the registration of all collective bargaining agreements, internal labor regulations and union organizations, as well as all related administrative processes.
The head of the agency will be its General Director. The appointment must be made by a person with capacity and experience in the areas of competence of the decentralized agency, who in addition to the provisions of Article 123, paragraph A, section XX of the Constitution, must comply with the requirements established by the Law on the matter.
Article added DOF 01-05-2019
Article 590-C .- The General Director of the Federal Center for Labor Conciliation and Registration shall have the following powers:
I. To execute acts and grant all kinds of documents inherent to the purpose of the Agency;
II. To have the legal representation of the Centro Federal de Conciliación y Registro Laboral, as well as to exercise powers of dominion, administration, and lawsuits and collections, in accordance with the Law and the organic statute;
III. Grant general and special powers of attorney with the powers within their competence, including those requiring authorization or special clauses. For the granting and validity of these powers of attorney, the official communication issued to the representative by the Director General shall be sufficient. In order to be effective against third parties, general powers of attorney must be registered with the Public Registry of Property and Commerce in each State and Mexico City;
IV. Substitute and revoke general or special powers of attorney;
V. With the prior authorization of the Governing Board, to install the Delegations or state or regional offices that may be necessary for the full and timely fulfillment of the functions of the Decentralized Public Agency;
VI. Such others as may be required for the proper functioning of the Agency, without contravening the Law and the organic statute, and
VII. Any others derived from this Law, the organic statute and other applicable legal provisions.
The Director General shall exercise the powers referred to in Sections I, II and III under his own responsibility and within the limitations set forth in the organic statutes authorized by the Board of Directors.
Article added DOF 01-05-2019
Article 590-D .- The Governing Board of the Federal Center for Labor Conciliation and Registration shall be composed of:
a) The head of the Ministry of Labor and Social Welfare as proprietary member or his alternate, who shall act as Chairman of said Governing Board;
b) The head of the Ministry of Finance and Public Credit as proprietary member or his/her alternate;
c) The head of the National Institute of Transparency, Access to Information and Protection of Personal Data as proprietary member or his alternate;
d) The President of the National Institute of Statistics and Geography as a proprietary member or his alternate, and
e) The President of the National Electoral Institute as proprietary member or his alternate.
The alternates shall be appointed by the proprietary members and shall have an immediate hierarchy lower than that of the proprietary members in the public agency or body in question.
It shall validly meet with the attendance of at least half plus one of its members and provided that the representative of the Ministry of Labor and Social Welfare is present. The decisions of the Governing Board shall be made by majority vote of those attending its meetings; in case of a tie, the Chairman shall have the casting vote.
For the fulfillment of each and every one of the obligations of the Agency established in this Law, the Board of Governors shall meet with the frequency established in the Organic Statute, which shall not be less than four times a year.
The Board of Directors may agree to carry out all operations inherent to the purpose of the entity, subject to the provisions of this Law, and except for the powers set forth in Article 58 of the Federal Law of Parastatal Entities, may delegate its powers to the Chief Executive Officer at its discretion.
The Governing Board shall have the following non-delegable powers:
I.To establish, in accordance with the sectorial programs, the general policies and define the priorities to which the Agency shall be subject in relation to the rendering of the public services corresponding to it under the terms of this Law, on productivity, finances, research, technological development and general administration;
II. Approve the programs and budgets of the Agency, as well as their modifications, under the terms of the applicable legislation. With respect to budgets and financial programs, with the exception of those included in the Annual Expenditure Budget of the Federation, the approval of the Board of Directors shall be sufficient;
III. To issue the rules or general bases according to which, when necessary, the Director General may dispose of the fixed assets of the entity that do not correspond to the operations inherent to the purpose of the same;
IV.To approve annually, following a report from the Statutory Auditors and the opinion of the external auditors, the financial statements of the Agency and authorize their publication;
V. Approve the basic organizational structure of the Agency, and any modifications thereto. Approve, as the case may be, the organic statute of said organism, under the following criteria:
a) In the basic structure of the Agency, it must contemplate the installation and operation of its delegations in all the states, except Mexico City, since it has its headquarters and main legal domicile in that city;
b) It must have sufficient and adequate personnel, as well as a Specialized Counseling Office for workers to assist them in the conciliation process;
VI. Appoint and remove, at the proposal of the Director General, the public servants of the agency who occupy positions with the two administrative hierarchies lower than that of the Director General, approve the setting of their salaries and benefits, in accordance with the corresponding legal, budgetary and administrative provisions;
VII. Appoint and remove the Secretary, who may or may not be a member of the Board of Directors, at the proposal of its President, from among persons outside the entity; as well as appoint or remove the Assistant Secretary of the Board of Directors, who may or may not be a member of said body or of the entity, at the proposal of the General Director of the entity;
VIII. Analyze and approve, as the case may be, the periodic reports submitted by the Chief Executive Officer with the intervention of the Statutory Auditors, and
IX. The other powers expressly established in this Law.
Article added DOF 01-05-2019
CHAPTER IXB
Conciliation Centers of the Federal Entities and of Mexico City
Chapter added DOF 01-05-2019
Article 590-E .- The local Conciliation Centers have the following attributions:
I. To perform in local matters the conciliatory function referred to in the second paragraph of section XX of Article 123 of the Constitution;
II. To implement the Professional Career Service referred to in numeral three of article 590-A;
III. Train and professionalize him/her to perform the conciliatory functions referred to in the preceding paragraph, and
IV. Any others derived from this Law and its applicable regulations.
Article added DOF 01-05-2019
Article 590-F .- The Conciliation Centers of the Federal Entities and of Mexico City, in charge of conciliation prior to the jurisdictional lawsuit in the local order, established in section A of article 123, section XX, second paragraph of the Constitution, shall be integrated and shall operate under the terms determined by the local laws, based on the following guidelines:
Each Conciliation Center will be constituted as a Decentralized Public Body of the respective Federal Entity, which will have the number of delegations deemed necessary to constitute and will have legal personality and its own assets, as well as full technical, operational, budgetary, decision-making and management autonomy.
They will be competent to substantiate the conciliation procedure to which workers and employers must resort before filing a lawsuit before the Courts, as established in the second paragraph of section XX of article 123, paragraph A, of the Constitution.
Their actions will be governed by the principles of certainty, independence, legality, impartiality, equality, reliability, efficiency, objectivity, professionalism, transparency and publicity. Their integration and operation will be determined in their organic statutes and their respective regulations, issued by the Legislative Power of the respective Federal Entity or of Mexico City, as the case may be.
Each Center will have a Governing Body made up of the heads of the public agencies or bodies specified by local legislation and that safeguard the full exercise of technical, operational, budgetary, decision-making and management autonomy.
The conciliation it provides shall be in accordance with the procedure contemplated in this Law.
Article added DOF 01-05-2019
CHAPTER X
Federal Conciliation Boards
Chapter repealed DOF 30-11-2012
Article 591 . (Repealed).
Article repealed DOF 30-11-2012
Article 592 . (Repealed).
Article repealed DOF 30-11-2012
Article 593 . (Repealed).
Article repealed DOF 30-11-2012
Article 594 . (Repealed).
Article repealed DOF 30-11-2012
Article 595 . (Repealed).
Article repealed DOF 30-11-2012
Article 596 . (Repealed).
Article repealed DOF 30-11-2012
Article 597 . (Repealed).
Article repealed DOF 30-11-2012
Article 598 . (Repealed).
Article repealed DOF 30-11-2012
Article 599 . (Repealed).
Article repealed DOF 30-11-2012
Article 600 . (Repealed).
Article amended DOF 24-12-1974, 02-07-1976. Repealed DOF 30-11-2012
CHAPTER XI
Local conciliation boards
Chapter repealed DOF 30-11-2012
Article 601 . (Repealed).
Article amended DOF 23-12-1974. Repealed DOF 30-11-2012
Article 602 . (Repealed).
Article repealed DOF 30-11-2012
Article 603 . (Repealed).
Article repealed DOF 30-11-2012
CHAPTER XII
Jurisdiction of the Courts
Title of the Chapter amended DOF 01-05-2019
Article 604 - The Courts of the Judicial Power of the Federation or the Courts of the federative entities are responsible for the knowledge and resolution of labor disputes arising between workers and employers, only between the former or only between the latter, derived from labor relations or from facts related thereto.
In their actions, the investigating judges and secretaries shall observe the principles of legality, impartiality, transparency, autonomy and independence.
Article amended DOF 30-11-2012, 01-05-2019
Article 605 - The federal, state and Mexico City courts shall each be headed by a judge and shall have such clerks, officers and employees as may be deemed appropriate, determined and appointed in accordance with the Organic Law of the Federal Judiciary or the Organic Law of the Local Judiciary, as the case may be.
Article amended DOF 30-11-2012, 01-05-2019
Article 605 Bis .- It is repealed.
Article added DOF 30-11-2012. Repealed DOF 01-05-2019
Article 606 .- Repealed.
Article amended DOF 02-07-1976, 30-11-2012. Repealed DOF 01-05-2019
Article 607 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 608 .- Repealed.
Article repealed DOF 01-05-2019
Article 609 .- Repealed.
Article repealed DOF 01-05-2019
Article 610 .- During the processing of the trials and until the closure of their instruction, the judge in charge of the Tribunal shall be present at the development of the hearings. He may be assisted by an examining clerk to issue the agreements relating to the written stage of the proceedings, until before the preliminary hearing, who shall verify and, if applicable, certify that the personal notifications were duly made.
Amended paragraph DOF 30-11-2012, 01-05-2019
I. Repealed.
Section repealed DOF 01-05-2019
II. Repealed.
Section added DOF 30-11-2012. Repealed DOF 01-05-2019
III. Repealed.
Section repealed DOF 30-11-2012. Repealed DOF 01-05-2019
IV. Repealed.
Section amended and amended DOF 30-11-2012. Repealed DOF 01-05-2019
V. Repealed.
Section amended and amended DOF 30-11-2012. Repealed DOF 01-05-2019
VI. Repealed.
Section amended and amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 611 .- Repealed.
Article repealed DOF 01-05-2019
Article 612 .- Repealed.
Article amended DOF 23-01-1998, 30-11-2012. Repealed DOF 01-05-2019
Article 613 .- Repealed.
Article repealed DOF 01-05-2019
Article 614 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 615 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 616 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 617 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 618 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 619 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 620 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
CHAPTER XIII
Local conciliation and arbitration boards
Article 621 .- Repealed.
Article repealed DOF 01-05-2019
Article 622 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012. Repealed DOF 01-05-2019
Article 623 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012, 30-11-2012. Repealed DOF 01-05-2019
Article 624 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
TITLE TWELVE
Legal Staff of the Conciliation and Arbitration Boards
Article 625 .- Repealed.
Article amended DOF 09-04-2012, 30-11-2012. Repealed DOF 01-05-2019
Article 626 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 627 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 627-A .- It is repealed.
Article added DOF 30-11-2012. Repealed DOF 01-05-2019
Article 627-B .- Repealed.
Article added DOF 30-11-2012. Repealed DOF 01-05-2019
Article 627-C .- It is repealed.
Article added DOF 30-11-2012. Repealed DOF 01-05-2019
Article 628 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 629 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 630 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 631 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 632 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 633 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012. Repealed DOF 01-05-2019
Article 634 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 635 .- Repealed.
Article repealed DOF 01-05-2019
Article 636 .- Repealed.
Article repealed DOF 01-05-2019
Article 637 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012, 30-11-2012. Repealed DOF 01-05-2019
Article 638 .- Repealed.
Article repealed DOF 01-05-2019
Article 639 .- Repealed.
Article repealed DOF 01-05-2019
Article 640 .- Repealed.
Article repealed DOF 01-05-2019
Article 641 .- Repealed.
Article repealed DOF 01-05-2019
Article 641-A . Special misconduct of conciliating officials:
I . To hear a business for which they are prevented in accordance with the provisions of this Law;
II . Not to be present at the conciliation hearings assigned to them or at any stage of the trial, when the Board or any of its members consider the conciliatory function necessary, unless there is a justified cause;
III . Failure to attend to the parties in a timely manner and with due consideration;
IV . Unjustifiably delaying the conciliation of a business;
V . Failure to inform the Conciliation and Arbitration Boards to which they are assigned regarding the results achieved in the conciliation hearings entrusted to them, with the periodicity determined by them;
VI . Failure to inform the Conciliation and Arbitration Boards of its assignment of the agreements reached by the parties for the purpose of their approval, when applicable; and
VII . Any others established by law.
Article added DOF 30-11-2012
|
Note: The reform decree DOF 01-05-2019 did not repeal Article 641-A of this Law. |
Article 642 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 643 .- Repealed.
Article amended DOF 24-12-1974, 30-11-2012. Repealed DOF 01-05-2019
Article 644 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 645 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 646 .- Repealed.
Article amended DOF 30-11-2012. Repealed DOF 01-05-2019
Article 647 .- Repealed.
Article repealed DOF 01-05-2019
TITLE THREE
Workers' and Employers' Representatives
CHAPTER I
Procedures for the appointment of workers' and employers' representatives
Title of the Chapter amended DOF 01-05-2019
Article 648 - The representatives of the workers and of the employers before the National Minimum Wage Commission shall be elected in conventions, which shall be organized and shall operate every four years in accordance with the provisions of this Chapter.
Article amended DOF 30-11-2012, 01-05-2019
Article 649 .- Repealed.
Article repealed DOF 01-05-2019
Article 650 .- The Secretary of Labor and Social Welfare shall publish in the Official Gazette of the Federation and in the newspapers of major circulation, the call for the election of representatives.
Article amended DOF 23-12-1974, 09-04-2012, 01-05-2019
Article 651 .- Repealed.
Article repealed DOF 01-05-2019
Article 652 - The workers' representatives shall be elected in the conventions by the delegates previously designated, in accordance with the following rules:
I . They have the right to designate delegates to conventions:
a ) Duly registered labor unions.
b ) Free workers who have rendered services to an employer for a period of not less than six months during the year prior to the date of the call, when there are no registered unions;
II . The workers registered in the unions shall be considered members of the unions when:
a) Are rendering services to an employer.
b ) Had rendered services to an employer for a period of six months during the year prior to the date of the call;
III . The free workers referred to in section I, subsection b), shall designate a delegate in each company or establishment; and
IV . The credentials of the delegates shall be issued by the union leadership or by the one designated by the free workers.
Article 653 - The representatives of the employers shall be appointed in the conventions by the employers themselves or by their delegates, in accordance with the following rules:
I . Have the right to participate in the election:
a ) Duly registered employers' unions, whose members have workers in their service.
b ) Independent employers who have workers in their service;
II . The employers' unions shall designate a delegate;
III . Independent employers may attend the convention in person or be represented by means of a power of attorney signed by two witnesses and certified by the Labor Inspector.
IV . Delegate credentials shall be issued by the union officers.
Article 654 - For the purposes of the preceding articles, the workers and employers shall form the following lists:
I . The workers' unions shall form the roll of their members who satisfy the requirements of Article 652, Section I, subsection a);
II . The free workers shall form the roll of workers participating in the designation of the delegate;
III . The employers' unions shall draw up the lists of workers in the service of their members; and
IV . The independent employers shall form the lists of their workers.
Article 655 - The lists shall contain the following data:
I . Names and domiciles of the workers' and employers' unions;
II . Names, nationality, age, sex and company or establishment in which they render their services; and
III . Names of the employer or employers, domicile and branch of industry or activity in which they are engaged.
Article 656 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012. Repealed DOF 01-05-2019
Article 657 - The Labor Inspectors shall verify and certify the accuracy of the registers.
Article 658 - The credentials shall be registered before the Secretariat of Labor and Social Welfare or before the Labor Departments of the Federal Entities, pursuant to the provisions of Article 678 of this Law.
Amended paragraph DOF 01-05-2019
The registration authority shall certify, in view of the data of the Labor Inspector, the number of votes corresponding to each credential.
Article 659 .- Repealed.
Amended article DOF 1974-12-23. Repealed DOF 01-05-2019
Article 660 - The following rules shall be observed in the operation of the conventions:
I. For each branch of economic activity to be represented, a workers' convention and an employers' convention shall be held;
Reformed fraction DOF 01-05-2019
II . The delegates and independent patrons shall present themselves at the conventions with their credentials;
III . The conventions shall function with the number of delegates and independent patrons in attendance;
IV . The delegates and independent employers shall have in the conventions a number of votes equal to the number of workers certified on their credentials;
V. The conventions shall be installed by the Secretary of Labor and Social Welfare or his designee;
Reformed fraction DOF 23-12-1974, 09-04-2012, 01-05-2019
VI . Once the convention has been installed, the registration of credentials and the election of the presiding officers, which shall be composed of a Chairman, two Secretaries and two members, shall take part in the election, with the number of votes corresponding to them. The delegates and the independent patrons whose credentials have been registered shall take part in the election, with the number of votes corresponding to them. The computation shall be made by two of the attendants, specially designated;
VII . Once the Presiding Board is installed, the credentials shall be reviewed and read aloud. The conventions may only reject those that do not meet the requirements set forth in Articles 652 and 653, or when it is proven that the voters do not belong to the branch of industry or activities represented in the convention;
VIII . Once the credentials have been approved, the election of the representatives shall proceed by majority vote. An alternate shall be elected for each proprietor; and
IX. Once the election is concluded, minutes shall be drawn up; one copy shall be sent to the Secretary of Labor and Social Welfare, and two shall be delivered to the elected representatives, owner or alternate, to serve as their credentials.
Reformed fraction DOF 23-12-1974, 09-04-2012, 01-05-2019
Article 661 .- If no delegate or independent employer attends the convention or the convention does not make the election of representatives, it shall be understood that the interested parties delegate the power to the Secretary of Labor and Social Welfare.
Article amended DOF 23-12-1974, 09-04-2012, 01-05-2019
Article 662 - The elected representatives, provided with their credentials, shall immediately present themselves to the Secretary of Labor and Social Welfare.
Article amended DOF 01-05-2019
Article 663 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012. Repealed DOF 01-05-2019
Article 664 .- Repealed.
Article amended DOF 02-07-1976, 30-11-2012. Repealed DOF 01-05-2019
Article 665 .- Repealed.
Article repealed DOF 01-05-2019
Article 666 - The representatives shall receive the remuneration assigned to them by the federal budget.
Article amended DOF 01-05-2019
Article 667 - The representatives of the workers and of the employers shall hold office for four years.
Article amended DOF 01-05-2019
Article 668 - The Secretary of Labor and Social Welfare shall hear the resignations of the representatives, accepting or rejecting them, prior qualification of the cause.
Article amended DOF 23-12-1974, 09-04-2012, 01-05-2019
Article 669 - The office of representative may be revoked in accordance with the following rules:
I. Two thirds of the workers of the branches of industry or activities represented in the Commissions or the employers who have such majority of workers in their service may request the revocation;
Reformed fraction DOF 01-05-2019
II. The application shall be submitted to the Secretary of Labor and Social Welfare;
Reformed fraction DOF 23-12-1974, 09-04-2012, 01-05-2019
III . The authority receiving the request, after verifying the majority requirement, shall make the corresponding declaration and shall call the alternate, so that he/she may take the legal oath; and
IV . In the absence of a substitute or when the revocation of the appointment affects him/her, the names of the substitutes shall be indicated when the request for revocation is made.
Article 670 - The temporary or definitive absences of the representatives shall be covered by the alternates. In the absence of the latter, the Secretary of Labor and Social Welfare shall designate a substitute, who must be a worker or employer.
Article amended DOF 23-12-1974, 09-04-2012, 01-05-2019
Article 671 .- Repealed.
Article repealed DOF 01-05-2019
Article 672 .- Repealed.
Article repealed DOF 01-05-2019
Article 673 .- Repealed.
Article repealed DOF 01-05-2019
Article 674 .- Repealed.
Article amended DOF 23-12-1974, 09-04-2012. Repealed DOF 01-05-2019
Article 675 .- Repealed.
Article repealed DOF 01-05-2019
CHAPTER II
Workers' and Employers' representatives on the National Minimum Wage Commission and on the Advisory Committees
Title of the Chapter amended DOF 21-01-1988
Article 676 - The provisions contained in the preceding Chapter are applicable to the election of representatives of the workers and employers in the National Minimum Wage Commission, with the modalities of the following Articles.
Article amended DOF 21-01-1988
Article 677 .- On the fifteenth day of May of the odd numbered year, the Secretary of Labor and Social Welfare shall summon the workers and employers for the election of their representatives.
Article amended DOF 01-05-2019
Article 678 - The notice shall contain:
I. The determination of the number of representatives to be elected to integrate the National Commission, pursuant to the provisions of Article 554, Section II;
II . The distribution of the number of representatives determined among the different economic activities according to their importance;
III. The authorities before which the lists and credentials must be presented;
IV . The place and date of presentation of the documents referred to in the preceding section; and
V . The place and time at which the conventions are to be held.
Article amended DOF 21-01-1988
Article 679 - The Conventions shall be held on the 25th day of the month of June of the odd numbered year in question, in the Capital of the Republic.
Article amended DOF 21-01-1988
Article 680 - For the election of representatives to the National Commission, a Workers' Convention and an Employers' Convention shall be held for each of the groups into which the branches of industry and economic activities have been distributed.
Article amended DOF 21-01-1988, 01-05-2019
Article 681 - The workers' and employers' unions and independent employers have the right to participate in the election. The representatives before the National Commission shall be elected by all the unionized workers and employers of the Republic with the right to vote.
Article amended DOF 21-01-1988
Article 682 - The Secretary of Labor and Social Welfare may delegate to the authorities of the Federal Entities, totally or partially, the powers that correspond to him/her in the certification of registers and credentials and in the operation of the conventions.
Article 682-A .- The Advisory Commissions shall be created by resolution of the Council of Representatives of the National Commission, which shall be published in the Official Gazette of the Federation and shall contain:
I. The subject matter of the Advisory Committee;
II . The duration of their work;
III . The number of representatives of the workers and employers before the Consultative Commission, who shall be appointed by the representatives of the workers and employers before the National Commission;
IV. The term for the designation of representatives, the requirements to be met in each case and the place to be determined for the notification of the designations; and
V . The place and date on which the work of the Advisory Committee shall formally commence.
Article added DOF 21-01-1988
CHAPTER III
Workers' and employers' representatives on the national commission for the participation of workers in company profits
Article 683 - In the election of representatives of the workers and of the employers in the National Commission for the Participation of the Workers in the Profits of the Companies, the provisions contained in the two preceding chapters shall be observed, with the modality of the following article.
Article 684 - The notice for the determination or revision of the percentage of profits shall contain:
I . The determination of the number of representatives to be elected to integrate the Commission, in accordance with the provisions of Article 579, Section II, as well as the distribution of the branches of industry and activities, according to their importance, among the number of representatives determined;
II. The place and date of presentation of the registers and credentials; and
III. The place, date and time at which the conventions are to be held.
TITLE THIRTEEN BIS
Title added DOF 01-05-2019
CHAPTER I
Prejudicial Conciliation Procedure
Chapter added DOF 01-05-2019
Article 684-A - The provisions of this Title govern the processing of the conciliatory instance prior to that of the conflicts before the Courts, unless they have a special processing in this Law.
Article added DOF 01-05-2019
Article 684-B .- Before going to Court, workers and employers shall attend the corresponding Conciliation Center to request the initiation of the conciliation procedure, with the exception of those cases in which they are exempted from exhausting it, in accordance with the provisions of this Law.
Article added DOF 01-05-2019
Article 684-C - The request for conciliation shall contain the following data:
I. Name, CURP, official identification of the applicant and domicile within the place of residence of the Conciliation Center to which he/she goes, in order to receive notifications in the pre-judicial conciliation procedure; the Center shall provide the elements and trained personnel in order to assign an electronic mailbox to the applicant. In the event that the applicant does not have official identification, he/she may be identified by other means available to the Center;
II. Name of the person, union or company to be summoned for the pre-judicial conciliation;
III. Address for notifying the person, union or company to be summoned, and
IV. Purpose of the quotation to the opposing party.
If the applicant is the worker and does not know the name of his employer or company from which the conciliation is requested, it will be sufficient to indicate the address where he rendered his services.
The elements provided by the parties may not constitute proof or evidence in any administrative or judicial proceeding. The information provided by the parties in the conciliation procedure may not be communicated to any person or authority whatsoever, with the exception of the record of non-conciliation and, if applicable, the conciliation agreement entered into, in which case the Conciliation Center must electronically send the documents referred to to the corresponding Court, which must contain the names and addresses provided by the parties, together with the records relating to the notification of the party cited by the Conciliation Authority and the electronic mailboxes assigned.
The treatment of the data provided by the interested parties will be subject to the General Law of Protection of Personal Data in Possession of Obligated Subjects and the General Law of Transparency and Access to Public Information.
The petitioner will be notified of the date and time of the conciliation hearing or the incompetence agreement at the time the petition is filed. In order to expedite the conciliation procedure, the applicant may assist the Conciliation Center to carry out the notification of the conciliation hearing to the person, union or company to be summoned.
Article added DOF 01-05-2019
Article 684-D .- The conciliation proceedings referred to in this Title shall not exceed forty-five calendar days. The Conciliating Authority shall take such measures as may be necessary to ensure that its proceedings comply with said term.
In order for the personnel in charge of notifications to act efficiently, effectively and impartially in the performance of their duties, the Conciliating Authority will define notification routes based on the location and geographic proximity of the addresses to which they must go, as well as according to the urgency of the notifications to be made; the assignment of the routes will be made on a daily and random basis.
Article added DOF 01-05-2019
Article 684-E - The conciliation procedure shall be processed in accordance with the following rules:
I. It shall begin with the presentation of the request for conciliation before the Federal Center for Conciliation and Labor Registration or the corresponding local Conciliation Center, signed by the applicant, to which a copy of the official identification referred to in section I of article 684-C shall be added; in the case of companies or unions, it shall be signed by their legal representative;
II. The Conciliation Centers may receive conciliation requests by personal appearance of the interested parties, in writing duly signed, or, if applicable, electronically through the computer system implemented for such purpose;
III. The Conciliation Centers shall assist the interested parties who so request in the preparation of their petition. They shall provide free legal advice on their rights and the statute of limitations of the same, as well as on the conciliation and jurisdictional procedures to solve labor disputes;
IV. Upon receipt of the request, the conciliation authority will set a date and time for a conciliation hearing to be held within the following fifteen days. The summons will be served personally to the employer at least five days prior to the hearing, and the employer will be warned that if he does not appear by himself or through his legal representative, or through an attorney-in-fact with sufficient powers, he will be fined between 50 and 100 times the Unidad de Medida y Actual, and will be deemed not to be in agreement with any conciliatory settlement;
V. Upon receipt of the request for conciliation, the conciliation authority will assign a unique identification number and an electronic mailbox to the interested party, which will be created for communications regarding the pre-judicial conciliation procedure. Finally, it shall designate a conciliation room in turn.
In the event of not being competent, the Conciliation Authority shall forward the request to the competent Conciliation Center electronically, within twenty-four hours of receipt of the request, which shall notify the applicant so that he/she may go before it to continue the procedure. The Conciliation Authority shall rule on the personality in the case of requests from legal entities;
VI. If the request for conciliation is presented personally by both parties, the conciliating authority shall immediately notify them of the date and time of the conciliation hearing, which shall be held within a maximum period of five days from the date of presentation of the request, without prejudice to the possibility that it may be held at that time;
VII. The employee requesting the conciliation proceeding must personally attend the hearing. He/she may be accompanied by a person of his/her trust, but this person will not be recognized as an attorney-in-fact, since it is a conciliation procedure and not a trial; however, the employee may also be assisted by a lawyer, attorney at law or a Labor Defense Attorney. The employer must attend in person or through a representative with sufficient authority to act on its behalf;
VIII. If the parties attend the hearing, the Conciliating Authority shall require them to identify themselves with any official document and, if applicable, verify that the person appearing on behalf of the legal entity accredits his or her personality.
The aforementioned party will also be assigned an electronic mailbox to receive notifications in the pre-judicial conciliation procedure; once this is done, it will formulate a proposal of content and scope of a conciliatory settlement, proposing fair and equitable solution options that in its opinion are adequate to terminate the controversy; if the parties agree, they will enter into a written agreement, which must be ratified in that act, and an authorized copy of the same will be delivered.
If no agreement is reached, the Conciliating Authority shall issue a certificate of having exhausted the mandatory pre-judicial conciliation stage. However, the parties by mutual agreement may request a new conciliation hearing, which shall be held within the following five days;
IX. When either party or both parties fail to appear at the conciliation hearing for justified cause, despite being duly notified, a new date and time shall be set for the holding of the hearing, which shall be held within the following five days. The party who attends shall be notified at that time, and the other party who does not attend shall be notified by the Center's bulletin and, if applicable, by electronic mailbox;
X. If only the applicant appears at the conciliation hearing, the conciliating authority shall issue a certificate of having exhausted the mandatory pre-judicial conciliation stage. If only the summoned party appears, the file will be archived due to lack of interest of the petitioner. In both cases the statute of limitations will be resumed as from the day following the date of the hearing, leaving the rights of the employee to request the conciliation again;
XI. In the event that the notifier has not succeeded in notifying the person, company or union to be summoned, despite having tried, the Conciliating Authority shall terminate the instance and shall issue a record leaving the rights of the applicant for conciliation to file a lawsuit before the competent Court;
XII. When the request for conciliation states the existence of sexual harassment, discrimination or other acts of violence contemplated by law, in which there is an imminent risk of revictimization, the conciliating authority shall take the appropriate measures to ensure that at no time the person summoned to whom such acts are attributed meets or confronts the summoned person. In these cases the conciliation procedure will be carried out with the representative or proxy of the summoned person, avoiding that the alleged victim and the person or persons to whom the acts of violence are attributed meet or meet in the same space;
XIII. Once the agreement is executed before the Conciliation Centers, it will acquire the condition of res judicata, having the quality of a title to initiate executive actions without the need for ratification. Any of the parties may promote its compliance by means of the sentence execution procedure established in this Law, before the competent Court, and
XIV. When entering into an agreement, the Conciliating Authorities shall deliver a certified copy of the agreement to each of the parties, and shall also deliver a certified copy of the minutes recording compliance with the agreement.
Notwithstanding the foregoing, when so required by the applicant, the Conciliation Center may set the Conciliation Hearing within five business days following the filing of the request, for which purpose it will provide the summons to the hearing so that the applicant may deliver it directly to the person or persons summoned. In this case, if both parties appear at the conciliation hearing, it will be held. If the applicant does not appear at the hearing, the matter shall be filed for lack of interest, without issuance of the record of having exhausted the conciliation, unless he justifies his non-appearance, in the opinion of the conciliator. If only the applicant for conciliation appears, a new date and time shall be set for the conciliation hearing within the following fifteen days, in accordance with the rules of procedure set forth in sections IV and VI to XIV of this Article; at said conciliation hearing, the Conciliation Center shall proceed to geolocate the domicile of the party summoned with the assistance of the applicant; if it is unable to geolocate it, the Conciliation Center shall set an appointment so that, accompanied by the interested party, the corresponding summons may be issued.
The Conciliating Authority is responsible for ensuring that the agreement entered into complies with the requirements and benefits established by this Law, applicable to the specific case. If the parties voluntarily comply with the agreement entered into, it will certify such circumstance, attesting that the worker receives in full and personally the payment agreed upon in the agreement.
In the event that the parties establish deferred payments, in one or more installments to be paid on a date other than the date of execution of the agreement, a conventional penalty shall be established in the event of noncompliance, which shall consist of an amount not less than the employee's daily salary for each day that elapses without full compliance with the agreement.
Article added DOF 01-05-2019
CHAPTER II
Of the Conciliators
Chapter added DOF 01-05-2019
Article 684-F - The conciliator shall have the following powers and duties:
I. Issue the summons to the conciliation hearing, in accordance with the provisions of this Law;
II. Approve or reject, as the case may be, the causes of justification for non-attendance at the conciliation hearing, based on the elements provided;
III. Communicate to the parties the object, scope and limits of the conciliation;
IV. Exhort the parties to present settlement formulas;
V. Evaluate the requests of the interested parties in order to determine the most appropriate way to formulate settlement proposals, without this implying the imposition of agreements;
VI.To draft, review and sanction the agreements or covenants reached by the parties;
VII. To prepare the minutes certifying the holding of conciliation hearings and to attest, as the case may be, the delivery to the worker of the agreed amounts or benefits;
VIII. To issue the minutes of the conciliation hearings in its charge, authorize the agreements reached by the parties, and the certificates of non-conciliation in those cases in which it is not possible. To issue certified copies of the agreements and the minutes of their compliance;
IX. Take care and verify that the agreements reached by the parties do not violate the rights of workers. The aforementioned without prejudice to the fact that it seeks the potentialization with a social rights perspective;
X. Oversee that the conciliation processes in which it intervenes do not affect the rights of third parties and public order provisions; and
XI. The others established in this Law and other applicable regulations.
Article added DOF 01-05-2019
Article 684-G .- The following requirements must be met to hold the office of conciliator:
I. To enjoy the full exercise of their political and civil rights;
II. Preferably have at least three years of experience in areas of labor law or specialization in activities related to the functions of the corresponding Conciliation Center;
III. To have a professional degree at bachelor's level in a career related to the function of the Center;
IV. Preferably have certification in labor conciliation or mediation and alternative dispute resolution mechanisms;
V. Have knowledge of human rights and gender perspective;
VI. Approve the selection procedure to be established for such purpose, and
VII. Not to be disqualified from holding a job, position or commission in the public service.
Article added DOF 01-05-2019
Article 684-H .- The conciliators in the performance of their duties shall have the following special obligations:
I. Safeguard the unwaivable rights of the worker;
II . To observe the principles of conciliation, impartiality, neutrality, flexibility, legality, equity, good faith, information, honesty and confidentiality;
III. To treat with due equity and respect to the interested parties, trying that all conciliations that are carried out conclude in satisfactory arrangements for them, respecting the rights of the parties;
IV. Comply with training and updating programs for the renewal of certification;
V. Refrain from acting as witnesses, legal representatives or attorneys in matters related to alternative mechanisms in which they subsequently participate in trial;
VI. To be proactive to achieve conciliation between the parties, and
VII. To seek a balance between the factors of production and social justice, as well as decent and dignified work.
Article added DOF 01-05-2019
Article 684-I - The conciliator shall have public faith to certify:
I. The instruments with which the parties accredit the personality and identity with which they appear at the hearing, in order to keep a copy in the respective file;
II. All that is recorded in the conciliation proceedings and, as the case may be, the agreements reached by the parties; and
III. Copies of the agreements entered into in his presence.
Article added DOF 01-05-2019
Article 684-J .- Conciliators and personnel of the Conciliating Authorities may not be called as witnesses in proceedings before the Courts.
Article added DOF 01-05-2019
CHAPTER III
Procedure for the Selection of Conciliators
Chapter added DOF 01-05-2019
Article 684-K .- This chapter establishes the provisions relating to the selection procedure for the appointment of conciliators of the Conciliation Centers.
Article added DOF 01-05-2019
Article 684-L .- The procedure and criteria for the selection of conciliators are intended to guarantee the autonomy of their performance and compliance with the principles governing labor conciliation, as well as to accredit their suitability based on the assessment of the competencies required for the performance of their duties, based on the application of technical, reliable and relevant instruments.
Article added DOF 01-05-2019
Article 684-M .- The selection procedure for conciliators shall ensure that applicants have the following skills, abilities and competencies:
a) General knowledge of law and specific knowledge of labor matters;
b) Analysis and resolution of controversies;
c) Conflict management, and
d) Skills in the conciliatory function.
Article added DOF 01-05-2019
Article 684-N - The selection procedure shall be carried out by means of a competitive examination, the announcement of which shall be public and open.
The notices must be published in the Official Gazette of the Federation or in the official publication organs of the federal entities and in the Internet portal of the Conciliation Center, where they must be permanently published while the competition is in progress.
Article added DOF 01-05-2019
Article 684-O .- The Governing Body of the Conciliation Center, upon proposal of the head thereof, shall approve the issuance of the summons, which shall contain:
I. The publication number;
II. The number of positions subject to competition;
III. The place and dates that will comprise the stages of the procedure;
IV. The documents that must accompany the application for registration to the procedure, which shall be:
a ) Registration form, which will be made available at the facilities of the Conciliation Center and on its website;
b ) Updated curriculum vitae of the applicant, accompanied by supporting documents;
c ) Certified copy of birth certificate;
d ) Copy of the title and professional license;
e ) Written statement in which, under oath, he/she declares that he/she is in full enjoyment of his/her rights, and
f ) Proof of address.
V . The support material that may be consulted by the participants in the different phases; and
VI . The form of Knowledge and Acceptance of the Bases and Guidelines of the Selection Competition, in which the applicant states that he/she is aware of the requirements for registration, the rules of the procedure and his/her conformity with them.
Article added DOF 01-05-2019
Article 684-P .- In order to participate in the selection procedure for conciliators, the requirements set forth in this Law must be complied with. The Conciliating Authorities shall draw up the list of participants, to which they shall assign a reference folio, which shall be the only means of identifying the applicants in the evaluation stage of the procedure.
Article added DOF 01-05-2019
Article 684-Q .- The participants shall have the right to:
I. To compete on equal terms;
II. Have the necessary place, equipment and time for the presentation of the examinations, and
III. To know the results of the contest in the publications issued by the Conciliation Center.
Article added DOF 01-05-2019
Article 684-R .- The Conciliation Center shall guarantee compliance with the principles of legality, impartiality, quality, objectivity, certainty, equity, competition by merit, publicity and transparency, in the procedures for the selection of conciliators, for which purpose it shall establish the following in the call:
I. The specific obligations of the participants during the contest and the grounds for disqualification or elimination from the contest;
II. The rules of the examination, which shall include the registration procedure, the form and criteria for evaluation, the weighting of each area of competence to be evaluated and its impact on the final grade, the minimum passing grades and the publication of results. The rules shall contemplate that the development of the examination shall be public;
III. The composition of the evaluation and selection committee that will carry out the competition; and
IV. The guidelines for the selection process of conciliators, which shall contain the technical evaluation criteria, the integration of each instrument, its performance scales and the formalities for its application.
Article added DOF 01-05-2019
Article 684-S .- The Governing Body of the Conciliation Center shall have the following powers with respect to the procedure for the selection of conciliators:
I. Approve the issuance of calls for the selection procedure for conciliators as proposed by the head of the Conciliation Center;
II. Approve the proposal for the scheduling and venues to carry out the stages of the contest submitted by the Head of the Conciliation Center and authorize any change in the same, when duly justified or due to force majeure, and
III. Approve, at the proposal of said Head, the Guidelines for the selection process of public conciliators in labor matters.
Article added DOF 01-05-2019
Article 684-T .- The results of the contest shall be published in the Official Gazette of the Federation or in the official organs of diffusion of the federative entities, as well as in the official web page of the corresponding Conciliation Center.
Article added DOF 01-05-2019
Article 684-U .- Once the publication referred to in the preceding article has been made, the Head of the Conciliation Center shall carry out the appointment in accordance with the number of positions subject to competition. The appointment of conciliators shall be for a term of three years and may be ratified for successive periods of the same duration. The Conciliation Center will establish the procedure for such purposes, which must meet objective criteria of performance, honesty, professionalism and professional updating of the Conciliator. Said evaluation shall be carried out through public, technical and objective instruments.
Article added DOF 01-05-2019
TITLE FOURTEEN
Procedural Labor Law
CHAPTER I
Procedural Principles
Title of the Chapter amended DOF 04-01-1980
Article 685 - The labor law process is governed by the principles of immediacy, immediacy, continuity, celerity, truthfulness, concentration, economy and procedural simplicity. Likewise, it shall be public, free of charge, predominantly oral and conciliatory.
The Courts must ensure compliance with the aforementioned principles and conditions. The judge must attend to the principle of reality over the formal elements that contradict it. Likewise, the solution of the conflict will be privileged over procedural formalisms, without affecting due process and the purposes of labor law.
When the worker's claim is incomplete, in that it does not include all the benefits that in accordance with this Law derive from the action attempted or proceeding, in accordance with the facts set forth by the worker, the Court, at the time of admitting the claim, will correct the same. The foregoing without prejudice to the fact that when the claim is obscure or vague, it will proceed in accordance with the terms set forth in Article 873 of this Law.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 685 Bis .- The parties shall have the right to be guaranteed their due defense and representation; consequently, they may be assisted by a legal representative who must have a law degree or be a licensed attorney with a professional license. When the Court notices that there is a manifest and systematic technical incapacity of the legal representative, it will warn the affected party to designate another one, having three calendar days to do so. The workers or their beneficiaries will have the right to be assigned an attorney from the competent Labor Defense Attorney's Office or the Public Defender's Office to assume their legal representation.
Article added DOF 01-05-2019
Article 685 Ter .- The following are exempted from exhausting the conciliatory instance, in the case of conflicts inherent to:
I. Discrimination in employment and occupation due to pregnancy, as well as for reasons of sex, sexual orientation, race, religion, ethnic origin, social condition or sexual harassment;
II. Designation of death beneficiaries;
III. Social security benefits for occupational hazards, maternity, illness, disability, life, day care and benefits in kind and occupational accidents;
IV. The protection of fundamental rights and public liberties, both of a labor nature, understood as those related to:
a) Freedom of association, freedom of association and the effective recognition of collective bargaining;
b) labor trafficking, as well as forced and compulsory labor, and
c) Child labor.
In order for these exceptions to apply, it is necessary to prove the existence of evidence that generates a reasonable suspicion, appearance or presumption in the court that any of these rights are being violated;
V. The dispute of the ownership of collective bargaining agreements or legal contracts, and
VI. Challenging union statutes or their modification.
Article added DOF 01-05-2019
Article 686 - The labor law process and the paraprocedural procedures shall be substantiated and decided in accordance with the terms set forth in this Law.
The Courts shall order the correction of any irregularity or omission that they notice in the substantiation of the proceeding, for the purpose of regularizing the procedure, without this implying that they may revoke their own resolutions, as provided in Article 848 of this Law.
Amended paragraph DOF 01-05-2019
Article amended DOF 04-01-1980
Article 687 - No specific form shall be required in appearances, pleadings, promotions or allegations, but the parties shall specify the points requested.
Article amended DOF 04-01-1980
Article 688 .- The administrative authorities are obliged, within the sphere of their respective competencies, to assist the Courts; if they refuse to do so, they shall be liable under the terms of the Laws applicable to the case.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Chapter II
Capacity, Personality and Legitimacy
Chapter relocated and name amended DOF 04-01-1980. Name amended DOF 30-11-2012.
Article 689 . Parties to the labor proceeding are the individuals or legal entities that prove their legal interest in the proceeding and exercise actions or oppose exceptions.
Article amended DOF 04-01-1980, 30-11-2012
Article 690 .- Persons who may be affected by the decision pronounced in a conflict may intervene in it, proving their legal interest in it, or be called to trial by the Court.
The third parties interested in a trial may appear or be summoned to the trial until before the holding of the preliminary hearing in the case of ordinary individual proceedings and the trial in other cases, in order to state in writing what is in their interest. The Court, without suspending the proceeding, will issue the respective agreement, so that the interested third party is served with the writs of claim and its answer so that within ten days following the date on which it is personally notified, it may present the writ in which it states what is in its right; in said writ, in addition to accrediting its personality, it must offer the evidence that corresponds to its interest.
Interested third parties who appear or are summoned to the ordinary procedure provided for in Chapter XVII of this Title of this Law shall be subject to the provisions of said procedure.
The party requesting that an interested third party be summoned must state the reason and circumstances for which he/she should be summoned and demonstrate the reasons for which he/she attributes such character to him/her.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 691 - Minor workers have the capacity to appear in court without the need for any authorization; however, in the event that they are not advised in court, the Court shall request the intervention of the Labor Defense Attorney's Office for such purpose. In the case of minors under 16 years of age, the Labor Defense Attorney's Office will designate a representative when they do not have one.
Amended paragraph DOF 01-05-2019
The provisions of the preceding paragraph shall also apply in the case of presumed beneficiaries of a deceased employee.
Article amended DOF 04-01-1980, 30-11-2012
Article 692 - The parties may appear in court directly or through a legally authorized attorney-in-fact.
In the case of an attorney-in-fact, the personality shall be accredited in accordance with the following rules:
I. When the appearing party acts as attorney-in-fact of a natural person, he/she may do so by means of a power of attorney or power of attorney signed by the grantor and before two witnesses, without the need to be ratified before the Court;
Reformed fraction DOF 01-05-2019
II . The attorneys or legal advisors of the parties, whether or not they are attorneys-in-fact of the parties, must prove that they are attorneys or attorneys at law with a professional license or persons who have a valid letter of attorney issued by the competent authority to practice such profession. Only other persons may be authorized to hear notifications and receive documents, but they may not appear at the hearings or make any promotion whatsoever;
Section amended DOF 30-11-2012
III. When the person appearing acts as attorney-in-fact of a legal entity, he/she may prove his/her personality by means of notarial testimony or power of attorney granted before two witnesses, after verifying that the person granting the power of attorney is legally authorized to do so; and
IV. The representatives of the unions will prove their personality with the certification issued by the corresponding registration authority, that the union's board of directors has been registered. They may also appear through a legal representative, who in all cases must be a lawyer, law graduate or trainee.
Reformed fraction DOF 30-11-2012
Article amended DOF 04-01-1980
Article 693 - The Courts may consider the personality of the representatives of the workers or unions, federations and confederations to be accredited without being subject to the rules of the preceding article, provided that from the documents exhibited they are convinced that the interested party is effectively represented.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 694 - Workers, employers and trade union organizations may grant power of attorney by simple appearance, with prior identification, before the Courts of the place of their residence, to represent them before any labor authority; the power of attorney shall be evidenced by the certified copy issued thereof.
Article amended DOF 04-01-1980, 01-05-2019
Article 695 - The representatives or attorneys-in-fact may prove their personality in accordance with the above guidelines, in each of the lawsuits in which they appear, exhibiting a simple photostatic copy for comparison with the original document or one certified by an authority, which shall be returned immediately, and the duly certified copy shall remain in the case file.
Article amended DOF 04-01-1980
Article 696 - The power of attorney granted by the employee to be represented in court shall be understood to be conferred to sue for all the principal and accessory benefits that correspond, even if it is not expressed therein.
Article amended DOF 04-01-1980
Article 697 .- Whenever two or more persons exercise the same action or oppose the same exception in the same lawsuit, they must litigate together and with a common representation, unless the parties have opposing interests.
In the case of the plaintiffs, the appointment of the common representative shall be made in the statement of claim or at the preliminary hearing; in the case of the defendants, the appointment shall be made in the statement of defense or at the aforementioned hearing. If the appointment is not made by the interested parties within the terms indicated, the Court will make it by choosing it from among the interested parties themselves.
Amended paragraph DOF 01-05-2019
The common representative shall have the rights, obligations and liability inherent to a legal representative.
Article amended DOF 04-01-1980
CHAPTER III
Competencies
Chapter relocated and name changed DOF 04-01-1980
Article 698 - The Courts of the Federal Entities shall be competent to hear disputes arising within their jurisdiction, which do not fall under Federal jurisdiction.
The Federal Court will hear labor disputes when they involve the industrial branches, companies or matters contained in Articles 123, paragraph A, section XXXI, of the Constitution and 527 of this Law.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 699 .- When in the conflicts referred to in the first paragraph of the preceding article, actions related to obligations in matters of training and education or safety and hygiene are exercised in the same lawsuit, the Federal Court shall have jurisdiction over these matters, in accordance with its jurisdiction.
In the case provided for in the preceding paragraph, the Court, upon admitting the claim, shall order a copy of the same and of the documents presented by the plaintiff, which shall be immediately forwarded to the Federal Court for the substantiation and resolution, exclusively, of the questions of training and education, and of safety and hygiene, in the terms set forth in this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 700 - Jurisdiction by reason of territory is governed by the following rules:
I . (Repealed).
Section repealed DOF 30-11-2012
II . In individual conflicts, the actor can choose between:
a) The Court of the place of conclusion of the contract;
Section amended DOF 01-05-2019
(b) The Court of the domicile of any of the defendants; and (c) The Court of the domicile of the defendant.
Section amended DOF 01-05-2019
c) The Court of the place where the services were rendered; if the services were rendered in several places, it shall be the Court of the last of them.
Section amended DOF 01-05-2019
Section amended DOF 30-11-2012
III. In collective disputes of federal jurisdiction, the Federal Court shall have jurisdiction; in collective disputes of local jurisdiction, the Local Court of the place where the company or establishment is located shall have jurisdiction;
Reformed fraction DOF 01-05-2019
IV. In the case of cancellation of the registration of a labor union, the Federal Court with the closest assignment to its domicile;
Reformed fraction DOF 01-05-2019
V. In disputes between employers or workers among themselves, the Court of the domicile of the defendant, and
Reformed fraction DOF 01-05-2019
VI. When the defendant is a labor union, the Federal Court or the Local Court closest to the domicile of the same, according to the nature of the action sought.
Reformed fraction DOF 01-05-2019
Article amended DOF 04-01-1980
Article 701 - The Court, ex officio, shall declare itself incompetent at any stage of the proceeding, even before the trial hearing, when there are data in the file that justify it. If the Court declares itself incompetent, with citation of the parties, it shall immediately forward the file to the court it deems competent; if the latter, upon receiving the file, declares itself incompetent, it shall immediately forward the file to the authority that must decide the competence, under the terms of Article 705 Bis of this Law.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 702 .- The defense consisting of the denial of the employment relationship shall not be considered a plea of lack of jurisdiction.
Article amended DOF 04-01-1980
Article 703 - Questions of jurisdiction in labor matters may only be brought by declinatory action.
The declinatory action may be opposed until the preliminary hearing, accompanied by the elements on which it is based; at that time, after hearing the parties and receiving the evidence it deems appropriate, which must refer exclusively to the question of lack of jurisdiction, the Court will issue a decision on the spot.
Amended paragraph DOF 01-05-2019
Article amended DOF 04-01-1980
Article 704 - When a Court considers that the dispute before it is within the jurisdiction of another Court, it shall, with the summons of the parties, declare itself incompetent and refer the case file to the Court it considers competent. If the latter, on receiving the file, declares itself incompetent, it shall refer it to the authority that must decide the question of competence, so that the latter may determine which Court should continue to hear the conflict.
Article amended DOF 04-01-1980, 01-05-2019
Article 705 .- Repealed
Article amended DOF 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 705 Bis .- Jurisdictions shall be decided:
I. The Local Judicial Branch through its plenary or analogous body that corresponds in accordance with its legislation when the competence arises between courts belonging to said local Judicial Branch.
II. The Federal Judicial Power through the corresponding Collegiate Circuit Court, when the controversy arises between:
a) Federal and Local Courts;
b ) Local courts of various states;
c) Local courts and other federal courts or courts of other states;
d) Federal Courts, and
e) Federal Courts and other jurisdictional body.
Conflicts of jurisdiction of the federal and local courts will be settled in accordance with the corresponding organic laws.
Article added DOF 01-05-2019
Article 706 - All proceedings before the incompetent Court shall be null and void, except for the act of admission of the claim and the provisions of Articles 704 and 928 section V of this Law or, as the case may be, when an agreement has been entered into that puts an end to the business, during the conciliation period.
Article amended DOF 04-01-1980, 01-05-2019
Article 706 Bis .- For the purpose of facilitating access to justice, the local or federal judicial powers may authorize the operation, on a mobile basis, of one or more Courts in accordance with the needs of the matters to be heard. For this purpose, it shall provide for the installation of the corresponding headquarters for a determined period.
Article added DOF 01-05-2019
CHAPTER IV
Impediments and Excuses
Chapter relocated and name changed DOF 04-01-1980
Article 707 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 707 Bis .- The judges and instructing clerks shall be considered necessarily impeded and shall have the duty to excuse themselves from hearing the cases in the following cases:
I. In matters in which it has direct or indirect interest;
II. In matters of interest to his spouse, concubine or concubine, or to his blood relatives in a straight line without limitation of degrees, to collateral relatives within the fourth degree, and to those related within the second degree;
III. If between the official, his or her spouse, common-law spouse, or children and any of the interested parties, there is a relationship of intimacy arising from a civil or religious act;
IV. If he/she is a relative by blood or affinity of the lawyer or attorney of any of the parties, in the same degrees referred to in section II of this article;
V. When he, his spouse or any of his children is an heir, legatee, donor, donee, partner, creditor, debtor, surety, surety, lessor, lessee, principal, dependent or habitual companion of any of the parties, or current administrator of their property;
VI. If he has made promises or threats, or has otherwise manifested his hatred or affection for any of the parties;
VII. If he attends or has attended or has attended to parties that especially for him, after the beginning of the proceeding, or if he is very familiar with any of them, or lives with him, in their company, or in the same house;
VIII. When after the commencement of the proceeding, he, his spouse or any of his children has admitted gifts or services from any of the parties;
IX. If he/she has been a lawyer or attorney, expert or witness in the business in question;
X. If you have heard the case as a member of the Court, arbitrator or advisor, resolving any point affecting the substance of the matter, in the same instance or in another;
XI. When he, his spouse or any of his blood relatives in a straight line, without limitation of degrees, of the collateral ones within the second degree, or of the related ones in the first degree, is still against any of the parties, or one year has not passed since he has followed a civil trial, or a criminal case, as accuser, plaintiff or complainant, or has become a civil party in a criminal case followed against any of them;
XII. When any of the parties or their attorneys is or has been a complainant, plaintiff or accuser of the official in question, of his spouse, or of any of his relatives, or has been a civil party in a criminal case against any of them, provided that the Public Prosecutor's Office has brought a criminal action;
XIII. When the official in question, his spouse or any of his relatives is contrary to any of the parties in administrative business that affects his interests;
XIV. If he, his spouse or any of his relatives is following any civil or criminal proceeding in which the Court, agent of the Public Prosecutor's Office, arbitrator or arbitrator, or any of the parties is a member;
XV. If he/she is the guardian or conservator of any of the interested parties, or if three years have not passed since he/she was the guardian or conservator;
XVI. When he/she has publicly expressed his/her opinion prior to the ruling, and
XVII. There is any other legal impediment.
Article added DOF 01-05-2019
Article 707 Ter - Judges and investigating clerks shall be under the obligation to excuse themselves immediately upon taking cognizance of a matter which they are not required to hear due to impediment, or within twenty-four hours of the occurrence of the event giving rise thereto or of their becoming aware of it, expressing specifically the cause or reason for the impediment.
Article added DOF 01-05-2019
Article 708 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 709 - Recusal is admissible when, in spite of the existence of any of the impediments mentioned above, the investigating judges and clerks do not excuse themselves. The recusal shall always be based on legal grounds.
Amended paragraph DOF 01-05-2019
I. Repealed.
Section amended DOF 09-04-2012. Repealed DOF 01-05-2019
II . Repealed.
Section repealed DOF 01-05-2019
III. Repealed.
Section repealed DOF 01-05-2019
IV . Repealed.
Section repealed DOF 01-05-2019
Article amended DOF 04-01-1980
Article 709-A - The challenge shall be filed before the Court hearing the matter, clearly and precisely stating the cause on which it is based. The Court shall immediately send the testimony of the respective proceedings to the competent authority to resolve, to the plenary of the hierarchical superior or analogous body that corresponds in accordance with its legislation when the competence is of the local order and to the corresponding Collegiate Circuit Court, in the case of federal competence.
Article added DOF 01-05-2019
Article 709-B .- The challenge may only be admitted until before the qualification on the admissibility of evidence in the preliminary hearing, or until before the closing of the preliminary investigation when:
I. Change the personnel of the Tribunal, and
II. A supervening fact occurs that establishes the cause.
Article added DOF 01-05-2019
Article 709-C .- No challenge shall be admitted:
I. When executing letters rogatory, executions and other diligences whose practice is entrusted by other Courts;
II. In the proceedings referred to in Articles 982 to 991;
III. In other cases in which jurisdiction is not assumed and do not imply knowledge of the cause, and
IV. Against magistrates and judges hearing a recusal.
Article added DOF 01-05-2019
Article 709-D .- Any challenge shall be dismissed out of hand when:
I. It is untimely, and
II. It is not based on any of the causes referred to in Article 707 Bis of this Law, or it has been previously declared inadmissible.
Article added DOF 01-05-2019
Article 709-E - The challenge shall be resolved without summoning the opposing party and shall be processed as an incident.
Article added DOF 01-05-2019
Article 709-F .- Pending the qualification of the challenge, the proceeding shall continue. If the challenge is declared admissible, all proceedings shall be null and void as of the date on which the challenge was filed.
Article added DOF 01-05-2019
Article 709-G - In the recusal, all means of proof established by this Title are admissible, as well as the confession of the recused official.
Article added DOF 01-05-2019
Article 709-H .- The decision shall be communicated to the person challenged.
If the challenge is declared admissible, he shall terminate his intervention in the case in question and refer the case to the appropriate Court.
Article added DOF 01-05-2019
Article 709-I .- When a challenge is declared inadmissible, a fine shall be imposed on the challenger in favor of the Support Fund for the Administration of Justice of the corresponding Judicial Branch, which shall not be less than 100 nor more than 500 Units of Measurement and Actualization.
Article added DOF 01-05-2019
Article 709-J - Once the challenge has been filed, the challenging party may not raise it at any time, nor change the cause.
Article added DOF 01-05-2019
Article 710 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 711 . The proceeding shall not be suspended while the complaint of estoppel is being processed.
Article amended DOF 04-01-1980, 30-11-2012
CHAPTER V
The Performance of the Courts
Chapter relocated and name amended DOF 04-01-1980. Name amended DOF 01-05-2019.
Article 712 - When the worker does not know the name of the employer or the name or company name where he/she works or worked, he/she must specify at least in his/her written claim the domicile of the company, establishment, office or place where he/she worked or worked and the activity in which the employer is engaged.
The mere filing of the lawsuit or of the conciliatory instance, in the terms of the preceding paragraph, interrupts the statute of limitations with respect to whoever turns out to be the employer of the employee.
If the respondent no longer has his domicile where the services were rendered, the employee shall inform the Court, so that it may send official letters to the agencies it deems pertinent, in order to locate the new domicile of the respondent. The Court shall order the execution of any diligence, among which it may send official letters to institutions that have an official registry of persons in order to obtain the name of the respondent and its location. Once the necessary information is obtained, the summons will be issued.
If the information that allows the Court to know the domicile of the defendant is not obtained, notification will be made by edicts and on the Internet site established for such purpose by the federal or local Judiciary in the case of persons whose domicile is unknown, after a report from an institution that has an official registry of persons. In this case, the proceeding will continue its course and the right that should have been exercised will be considered lost, without prejudice that before the preliminary hearing the defendant may offer evidence to prove that the plaintiff was not an employee or employer; that the dismissal did not exist or that the facts asserted by the plaintiff are not true.
In this case, the edicts shall be published twice, with a period of three days between one and the other, making it known that the summons must be filed within a term that shall not be less than fifteen days nor exceed sixty days. Likewise, they shall be published in the official media of the Tribunal, including its Internet portal.
Article amended DOF 04-01-1980, 01-05-2019
Article 712 Bis .- The Courts shall have a receiving unit that shall provide service during the days indicated in Article 715 of this Law, and shall forward the pleadings it receives to the corresponding Court, no later than the following day.
In the case of the special strike procedure, the receiving unit will provide such service every day of the year.
Article added DOF 01-05-2019
Article 712 Ter .- In the integration of the records, the Tribunals shall guarantee their fidelity, integrity, reproduction, conservation and safekeeping.
Article added DOF 01-05-2019
Article 713 - The physical presence of the parties or of their representatives or attorneys-in-fact shall be required at the hearings held, unless otherwise provided by law.
Erratum to the article DOF 05-06-1970. Amended DOF 04-01-1980
Article 714 - The proceedings of the Courts, of the Federal Center for Labor Conciliation and Registration and of the Local Conciliation Centers must be carried out on working days and hours, under penalty of nullity, unless otherwise provided by this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 715 - Working days are all days of the year with the exception of Saturdays and Sundays, those of obligatory rest, holidays indicated in the official calendar and those on which the labor authorities indicated in the preceding article suspend their work.
Article amended DOF 04-01-1980, 01-05-2019
Article 716 .- Working hours are those between seven o'clock and nineteen o'clock, except for strike proceedings, in which all days and hours are working hours.
Article amended DOF 04-01-1980
Article 717 .- The Courts, the Federal Center for Labor Conciliation and Registration and the Local Conciliation Centers may enable non-working days and hours for proceedings to be carried out, when there is a justified cause, expressing specifically and clearly what such cause is, as well as the proceedings to be carried out.
Article amended DOF 04-01-1980, 01-05-2019
Article 718 .- The hearing or proceeding that begins on a business day and time may be continued until its completion, without suspension and without the need for express authorization. In the event that it is suspended, it shall continue on the following business day; the Court shall record the reason for the suspension in the case file.
Article amended DOF 04-01-1980, 01-05-2019
Article 719 .- When on the date indicated the practice of any proceeding is not carried out, the Court shall record in the records the reason why it was not carried out and shall indicate in the same agreement, the day and time for the same to take place.
Article amended DOF 04-01-1980, 01-05-2019
Article 720 - The hearings shall be public. The Court may order, ex officio or at the request of a party, that they be held in camera, when the right to privacy may be violated or in the case of minors.
The hearings shall be presided over entirely by the judge; if this condition is not complied with, the respective proceedings shall be null and void. At the beginning of the hearings, the investigating secretary of the Tribunal shall orally record in the registry the date, time and place of the hearing, the names of the public servants of the Tribunal, and other persons who will intervene.
The parties and third parties who intervene in the development of the hearings must previously make an oath that they will conduct themselves truthfully. For such purpose, the examining clerk shall take their oath, warning them of the penalties imposed on those who testify falsely.
The intervention of those who participate in them will be oral.
The judge shall receive the statements and preside over all acts of evidence under his strictest and personal responsibility; he shall order the taking of evidence, direct the debate, require compliance with the corresponding formalities, moderate the discussion, prevent the allegations from being diverted to irrelevant or inadmissible aspects and may limit the time and number of occasions on which the interested parties may intervene based on criteria of fairness and procedural agility.
The judge will determine the beginning and conclusion of each of the stages of the hearing, so that the procedural rights that should have been exercised in each of them will be considered precluded.
Once the witnesses, experts or parties have concluded their intervention, they may, at their request, leave the Court when authorized by the judge.
At the end of the hearings, minutes shall be taken that shall contain, at least:
I. The place, date and file to which it corresponds;
II. The names of those who intervene and the record of the absence of those who should or could have been present, indicating the cause of the absence if known;
III. A succinct account of the development of the hearing, and
IV. The signature of the judge and the examining magistrate.
The examining clerk shall certify the medium on which the respective hearing is recorded, identify said medium with the file number and take the necessary measures to prevent it from being altered.
The parties may request a simple or certified copy of the minutes or an electronic copy of the records of the proceedings.
The conservation and safekeeping of the records shall be the responsibility of the Court that has generated them, which shall have the necessary support, which shall be certified under the terms of this article.
The judge shall have the broadest disciplinary powers to maintain order during the debate and during the hearings, for which purpose he may exercise the power of command of the public force and impose indistinctly the disciplinary corrections referred to in Article 729 of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 721 - All procedural actions shall be authorized by the judge, with the exception of proceedings entrusted to other officials.
In order to produce faith, the hearings will be recorded by electronic means, or any other suitable means in the judge's judgment, that allows guaranteeing the fidelity and integrity of the information, the conservation and reproduction of its content and the access to the same to those who, according to the law, have the right to it.
The certification of the minutes kept through the Court's Digital System shall be carried out by the competent Judicial Officer.
Article amended DOF 04-01-1980, 01-05-2019
Article 722 - Statements made by the parties, their attorneys-in-fact or any person before the Court shall be made under oath and under penalty of the penalties incurred if they make false statements before the authority.
Amended paragraph DOF 01-05-2019
The declarations of legal experts shall be made under oath, without any warning being required.
Article amended DOF 04-01-1980
Article 723 - The Court, in accordance with the provisions of this Law, is obliged to issue to the requesting party a certified copy of any document or evidence contained in the case file. It shall also certify the photostatic copy exhibited by the parties of any document or evidence appearing in the case file, after comparing it with the original.
Article amended DOF 04-01-1980, 01-05-2019
Article 724 - The Court may agree on the creation, dissemination and use of technological tools that include the necessary systems for the consultation and performance of the parties in the proceedings established in Title Fourteen of this Law.
Amended paragraph DOF 01-05-2019
It may also agree that the files that have been definitively concluded be cancelled upon certification of their microfilming or their preservation through any other technical and scientific procedure that allows their consultation.
Article amended DOF 04-01-1980, 30-11-2012
Article 725 .- In case of loss or disappearance of the file or of any record, the Clerk, after a report from the archivist, shall certify the previous existence and the subsequent absence of the file or of the proceedings of the Court, ex officio or at the request of a party, shall inform the parties; he shall proceed to conduct the necessary investigations and shall immediately arrange for the reinstatement of the case file, as an incidental matter.
Article amended DOF 04-01-1980, 01-05-2019
Article 726 .- In the case of the preceding article, the Court shall set a date and time within seventy-two hours thereafter for a hearing to be held at which the parties shall provide all the evidence, documents and copies in their possession. The Court may order those actions and proceedings necessary to reinstate the proceedings, taking into account, as the case may be, the provisions of Article 724 of this Law.
The Tribunal shall provide the video recordings available to it and the minutes that exist in the Tribunal's Digital System, in order to carry out the reinstatement of the records.
Article amended DOF 02-07-1976, 04-01-1980, 01-05-2019
Article 727 .- The Court, ex officio, shall make the corresponding report to the competent Public Prosecutor's Office of the disappearance of the file or action, accompanied by a copy of the minutes and other proceedings carried out for such purpose.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 728 .- The Judges in charge of the Courts, as well as the holders and conciliators of the Conciliation Centers and the Decentralized Agency in charge of conciliation in Federal matters and the Registration of all Collective Bargaining Agreements and Union Organizations, may impose disciplinary corrections, in order to maintain good order in the development of hearings or proceedings, and demand that due respect and consideration be shown to them.
Article amended DOF 04-01-1980, 01-05-2019
Article 729 . The disciplinary corrections that may be imposed are:
Amended paragraph DOF 30-11-2012
I. Admonishment;
II. Fine, which may not exceed 100 times the Unit of Measurement and Actualization at the time the offense is committed. In the case of workers, the fine may not exceed the amount of their daily wage or salary. For the purposes of this article, attorneys-in-fact are not considered workers, and
Reformed fraction DOF 30-11-2012, 01-05-2019
III. Expulsion from the premises of the Tribunal; the person who refuses to comply with the order shall be removed from the premises with the assistance of the public force.
Reformed fraction DOF 01-05-2019
Article amended DOF 04-01-1980
Article 730 .- When the facts that motivate the imposition of a disciplinary correction may constitute the commission of a crime, the Court shall draw up a circumstantial record and shall turn it over to the Public Prosecutor's Office, for the appropriate effects.
Article amended DOF 04-01-1980, 01-05-2019
Article 731 - The judge may use any of the necessary means of constraint, so that the persons attend the hearings in which their presence is indispensable or to ensure compliance with his resolutions.
Amended paragraph DOF 01-05-2019
The means of compulsion that may be used are:
I. Fine, which may not exceed 200 times the Unit of Measurement and Actualization at the time the contempt was committed. In the case of workers, the fine may not exceed the amount of their daily wage or salary. For the purposes of this article, attorneys-in-fact and public officials who fail to comply or are in contempt of a judicial requirement or order shall not be considered workers.
Reformed fraction DOF 30-11-2012, 01-05-2019
II . Presentation of the person with the help of the public force; and
III . Arrest for up to thirty-six hours.
Article amended DOF 04-01-1980
Article 732 . - Disciplinary corrections and means of constraint shall be imposed flatly, without any substantiation whatsoever, and must be founded and motivated. They may be challenged under the terms set forth in this Law.
Article amended DOF 04-01-1980
CHAPTER VI
Procedural Terms
Chapter relocated and name changed DOF 04-01-1980
Article 733 - The terms shall begin to run on the day following that on which the notification takes effect, and the day of expiration shall be counted in them.
Article amended DOF 04-01-1980
Article 734 .- The days on which the Tribunal fails to act in accordance with the work schedule approved by the Plenary, as well as when, due to acts of God or force majeure, proceedings cannot be carried out, shall not be counted in the terms. The notices of suspension of work shall be published in the labor bulletin or on the dockets, as the case may be.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 735 - When the performance or practice of a procedural act or the exercise of a right does not have a fixed term, this shall be three working days.
Article amended DOF 04-01-1980
Article 736 - To compute the terms, the months shall be regulated by the term of thirty calendar days; and the working days shall be considered of twenty-four calendar hours, counted from twenty-four to twenty-four hours, unless otherwise provided in this Law.
Article amended DOF 04-01-1980. Erratum DOF 30-01-1980.
Article 737 .- When the domicile of the respondent or party to the conciliation proceeding is outside the place of residence of the Court, or of the Conciliation Center, the latter shall extend the term in question according to the distance, at the rate of one day for every 200 kilometers, from 3 to 12 days, taking into account the existing means of transportation and general means of communication.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 738 - Once the terms set for the parties have elapsed, the right that they should have exercised shall be considered lost, without the need to charge default.
Article amended DOF 04-01-1980
CHAPTER VII
Notifications
Chapter relocated and name changed DOF 04-01-1980
Article 739 .- The parties, in their first appearance or writing, must indicate an address to hear and receive notifications within the place of residence of the Federal Center for Labor Conciliation and Registration, or of the Local Conciliation Center or of the Court to which they go; if they fail to do so, personal notifications shall be made by bulletin or by strata, as the case may be, under the terms provided for in this Law.
Amended paragraph DOF 01-05-2019
Likewise, they must indicate the domicile of the defendant to receive notifications, or the last place where the worker rendered his services. The notification is personal and shall be served in accordance with the provisions of Article 743 of this Law.
Amended paragraph DOF 30-11-2012, 01-05-2019
The person appearing as an interested third party in a lawsuit must indicate a physical address within the place of residence of the Court to receive notifications; if he fails to do so, the provisions of the final part of the first paragraph of this Article shall apply. Likewise, he/she shall be assigned an electronic mailbox in accordance with the provisions of this article.
Paragraph added DOF 30-11-2012. Amended DOF 01-05-2019
The Conciliating Authority or the Court will have a digital platform to make notifications electronically. For such purpose, it will assign an electronic mailbox to the parties; those who attend the conciliation hearing and those who were notified of the summons to trial, will have the option of indicating that subsequent notifications be made electronically in said mailbox. In this case, regardless of the notifications that the Court must make by strados or bulletin, all notifications, even the subsequent personal notifications in the conciliation or jurisdictional proceedings will be made to the assigned electronic mailbox, and the respective electronic acknowledgement of receipt must be obtained.
Paragraph added DOF 01-05-2019
In the case of the summons to trial and the first notification for the preliminary conciliation hearing, the notifications must be personal.
Paragraph added DOF 01-05-2019
In the event that the parties designate interested third parties, they must indicate in their initial pleading the domicile of such third parties to receive notifications.
Paragraph added DOF 30-11-2012
In the case of collective disputes, the Conciliating Authority or the Court will personally notify the unions and the employers at the addresses they have respectively indicated in the collective bargaining agreement, which will be considered for hearing and receiving notifications, unless a different address has been designated.
Paragraph added DOF 01-05-2019
Article amended DOF 04-01-1980
Article 739 Bis .- Resolutions issued in labor lawsuits must be notified no later than the third business day following. The corresponding reason shall be recorded immediately after such resolution.
The parties and the interested third party may authorize any person with legal capacity to hear and receive notifications, even those of a personal nature, and to be notified of the proceedings.
When the parties and the interested third party have an Electronic Signature and intend that those authorized in terms of the previous paragraph, use or make use of it in their representation, they must communicate it to the Conciliating Authority and to the corresponding jurisdictional organ, indicating the limitations or revocation of faculties in the use of the same.
Article added DOF 01-05-2019
Article 739 Ter .- Notifications in proceedings before the Conciliation Centers and in labor lawsuits shall be made:
I. In person, those established in Article 742 of this Law;
II. By trade:
a) To the authorities referred to in Article 742 Ter of this Law, except in the case of the first notification, in which case the provisions of Article 742 of this Law shall be observed, and
b) To the authority having the character of interested third party;
III. By printed and electronic bulletin or list, in the cases not provided for in the preceding sections, and
IV. By electronic mailbox, to the parties who expressly request it, and who have previously obtained the electronic signature.
Article added DOF 01-05-2019
Article 740 . When the name of the employer or of the company in which the worker works or worked has not been expressed in the claim, the personal notification of the same shall be subject to the procedure established in Article 743 of this Law, and the clerk must make sure that the place where the notification is made is precisely the one indicated by the plaintiff, and the notification shall be understood to have been made to the employer, even if the name of the same is not known when making the notification.
Article amended DOF 04-01-1980, 30-11-2012
Article 741 - Personal notifications shall be made at the domicile indicated in the case file, until such time as a new house or locale is designated for this purpose; and those made under these conditions shall be fully effective.
Article amended DOF 04-01-1980
Article 742 .- The following notifications shall be made personally:
I. The summons to trial and when it is the first order to be issued in the same;
II. The order for the filing of the trial, issued by the Courts in the files referred to them by the courts of another jurisdiction;
Reformed fraction DOF 01-05-2019
III. The resolution in which a Court declares itself incompetent;
Reformed fraction DOF 01-05-2019
IV . The order issued upon receipt of the amparo judgment;
V. The resolution ordering the resumption of the proceeding, the processing of which was interrupted or suspended for any legal cause;
VI. The order summoning to absolve positions or answer an interrogation, provided that for justified cause the absolver or witness, in the judge's opinion, cannot be presented at the trial hearing by the parties;
Reformed fraction DOF 01-05-2019
VII . The decision to be heard by third parties outside the trial;
VIII. The labor sentence, when it is not issued at the trial hearing;
Reformed fraction DOF 01-05-2019
IX. The order granting a term or setting a date for the employee to be reinstated;
X. The order ordering the reinstatement of the proceedings;
XI. In the cases referred to in Articles 772 and 774 of this Law; and
Section amended DOF 30-11-2012
XII. In urgent cases or when special circumstances arise in the judgment of the Federal Center for Labor Conciliation and Registration, the Local Conciliation Centers or the Courts; and
Reformed fraction DOF 01-05-2019
XIII. The first notification to appear at the mandatory conciliation hearing before the Federal Center for Labor Conciliation and Registration or the competent Local Conciliation Centers, except as provided in the antepenultimate paragraph of Article 684-E of this Law.
Fraction added DOF 01-05-2019
Erratum to the article DOF 04-30-1970. Amended DOF 23-12-1974, 04-01-1980.
Article 742 Bis .- If the parties accepted that the personal notifications subsequent to the summons to trial be carried out by means of the electronic mailbox, these shall be made by said means, without the need to send the notification order to the clerk.
Article added DOF 01-05-2019
Article 742 Ter .- In the case of Public Agencies or Organizations, notifications subsequent to the summons to trial shall be made to the electronic mailbox assigned in terms of Article 739 of this Law.
Article added DOF 01-05-2019
Article 743 - The first personal notification shall be made in accordance with the following rules:
I . The clerk shall ascertain that the person to be notified lives, works or is domiciled in the house or premises indicated in the case file for the purpose of notification;
II . If the interested party or its representative is present, the clerk shall notify the resolution, delivering a copy of the same; in the case of a legal entity, the clerk shall ensure that the person with whom the proceeding is being conducted is its representative or legal representative;
Section amended DOF 30-11-2012
III. If the interested party or his representative is not present, the notification shall be made to any person of legal age who is in the house or premises; the clerk shall record the name of the person with whom the service is to be made and shall specify whether the person lives in the domicile and the relationship he/she has with the person to be notified and, if applicable, his/her job;
Reformed fraction DOF 01-05-2019
IV. Repealed.
Section amended DOF 30-11-2012. Repealed DOF 01-05-2019
V. If the interested party, his representative or the person with whom the proceeding is to take place refuses to receive the notification at the house or premises indicated for notification, the notification shall be made by means of a notice to be posted on the door of the same, attaching a copy of the resolution, stating in its reason the means of conviction that the person to be notified undoubtedly lives, works or has his domicile at the house or premises indicated in the case file for notification, and
Reformed fraction DOF 01-05-2019
VI. In the case of Article 712 of this Law, the clerk shall be accompanied by the employee and shall ascertain that the premises designated in the case file is the one where the services are being rendered or were rendered.
Reformed fraction DOF 01-05-2019
In all the cases referred to in this Article, the clerk shall record a reason in the records, clearly indicating the elements of conviction on which he relies, stating the exterior characteristics of the house, property, premises, or physical space in which the diligence of notification is carried out, and the means by which he ascertains that it is the address sought. If the person sought is not found, the name and surname of the person receiving the notification letter and the relationship he/she has with the person sought or, if applicable, the position he/she holds; if he/she refuses to give his/her name or indicate the relationship he/she has with the person sought, he/she will indicate the middle filiation. In any case, the means of conviction must evidence that the domicile corresponds to the one indicated to carry out the notification and that the person sought lives, works or has his domicile in the house or premises where it is constituted. The clerk may attach photographs or any other physical or electronic document to strengthen the elements of conviction of the record or reason that he/she prepares for this purpose.
Amended paragraph DOF 01-05-2019
The Courts and the Conciliation Centers will establish a voluntary registration system so that the companies, employers or individual employers have an electronic mailbox to which said authorities must notify them of the existence of any proceeding whose summons could not be served. In no case, the notice will replace the procedural notifications; however, such circumstance must be recorded in the actuary's report. Likewise, they will carry out the appropriate collaboration agreements with public agencies, in order to facilitate the location of the domicile of the parties.
Paragraph added DOF 01-05-2019
In the case of the first notification to the employee in the preliminary proceeding, the provisions of Article 684 C of this Law shall apply.
Paragraph added DOF 01-05-2019
Erratum to the article DOF 05-06-1970. Amended DOF 04-01-1980
Article 744 .- Subsequent personal notifications shall be made to the interested party or person authorized to do so, on the same day on which the resolution is issued if he/she attends the Court or by means of the Digital System or Electronic Platform to the electronic mailbox assigned to the parties. In the event that the notification is made by the clerk, if the party or person to be notified is not present, a copy of the resolution authorized by the clerk shall be left for him/her; if the house or premises is closed, the copy shall be posted on the entrance door or at the place of work.
The clerk shall record the reason in the case file and, if necessary, photos of the place and the certificate that he/she fixes.
The judicial decisions pronounced in the hearings shall be deemed to be notified in the same act, without the need for any formality, to those who are present or should have been present.
Article amended DOF 04-01-1980, 01-05-2019
Article 744 Bis .- Notifications by official letter shall be made in accordance with the following rules:
I. If the domicile of the principal office of the authority is located at the place of trial, the designated official shall make the delivery, obtaining the corresponding proof of receipt.
If the authority refuses to receive the official notice, the clerk shall inform the person in charge of the corresponding office that notwithstanding this circumstance, the notification shall be deemed to have been made. If in spite of this the refusal persists, he will record the reason in the case file and it will be considered to have been made, and
II. If the domicile of the authority is outside the place of the trial, the official letter will be sent by letter rogatory through the electronic platform so that the exhorted authority will carry out the notification on the day following its receipt.
When the domicile is located outside the territorial jurisdiction of the court hearing the lawsuit, but in a metropolitan area, it may be ordered that the notification be made through the clerk of the court.
Article added DOF 01-05-2019
Article 745 .- The Federal Court and the Local Courts shall agree on the publication of a printed and electronic bulletin containing the list of notifications that are not personal.
Article amended DOF 04-01-1980, 01-05-2019
Article 745 Bis .- Notifications by bulletin or list shall be posted and published in the premises of the jurisdictional body, in a visible and easily accessible place, as well as on the Internet portal of the Judicial Branch of the Federation and of the Judicial Branches of the Federal Entities; in these cases the Internet portals shall have the option of consultation by jurisdictional body and trial or file number. The posting and publication of this list will be made at the first business hour of the day following the date of the resolution ordering it and will contain:
I. The number of the trial in question;
II. The name of the parties;
III. The summary of the resolution to be notified.
The clerk or the officer authorized for such purpose shall record the respective reason in the file.
Article added DOF 01-05-2019
Article 745 Ter .- Notifications by electronic means shall be subject to the following rules:
I . The parties or interested third parties are obliged to enter the electronic mailbox assigned to them every day and obtain the proof referred to in section IV of Article 747 of this Law, within a maximum period of two days after the court has sent it.
If the electronic system established for such purpose is not accessed within the time periods indicated, the Tribunal shall consider the notification to have been made. When the Tribunal deems it convenient due to the nature or importance of the act, it may order the notification to be made through the clerk, who shall record in the file any of the above situations, and
II. When due to unforeseen circumstances, force majeure or technical failures the system is interrupted, making it impossible to send notifications within the deadlines established in this Law, the parties must immediately notify the Tribunal by any other means, which will communicate such circumstance to the administrative unit in charge of operating the system. As long as such situation lasts, the corresponding deadlines will be suspended for the same period of time.
Once the system has been reestablished, the administrative unit in charge of operating the system shall send a report to the corresponding jurisdictional body or bodies, indicating the cause and time of the system interruption, for purposes of the corresponding computation.
The Court shall notify the parties of the interruption of the system, letting them know the time of interruption, from its beginning until its reestablishment, as well as the moment in which the computation of the corresponding time periods restarts.
In all cases the respective notification or record shall be added to the case file.
Article added DOF 01-05-2019
Article 746 .- The notifications made to the parties in the Judicial Bulletin and electronic mailbox shall be effective unless they are personal. The competent Court shall also publish said notifications on the authority's bulletin boards.
Amended paragraph DOF 01-05-2019
The Secretary in charge or, as the case may be, the official designated for such purpose shall record in the records the date of the respective publication and shall post a copy of the Labor Gazette or, as the case may be, the lists of the notifications by official notices in a visible place in the premises of the Court, collecting both, in order to resolve any question that may arise regarding the omission of any publication.
Amended paragraph DOF 01-05-2019
The lists of notices shall be authorized and stamped on their date by the Clerk. The publication of the notifications shall contain the date, the file number and the names of the parties to the lawsuits in question.
Article amended DOF 04-01-1980
Article 747 - Notifications shall take effect in the following manner:
I . Personal notifications: the day and hour in which they are made, counting from moment to moment, regardless of the hour in which the notification was made, unless otherwise provided by law; and
II. The others; on the day following its publication in the Gazette, or in the list published in the Tribunal's dockets;
Reformed fraction DOF 01-05-2019
III. In two days for those made to the electronic mailbox, and
Fraction added DOF 01-05-2019
IV. Those made by electronic means will be made to the electronic mailbox assigned to each of the parties, when the record of the consultation made is generated, which, on the one hand, the jurisdictional body will digitalize for the electronic file and, on the other hand, will make a printout that will be added to the corresponding printed file as proof of notification.
Fraction added DOF 01-05-2019
It is understood that the record is generated when the electronic system of the Federal Judicial Branch and the local Judicial Branches, produces the notice of the time in which the corresponding judicial determination contained in the electronic file is retrieved.
Paragraph added DOF 01-05-2019
Article amended DOF 04-01-1980
Article 748 - Notifications shall be made during business hours at least twenty-four hours prior to the day and hour on which the service is to be made, unless otherwise provided by law.
Article amended DOF 02-07-1976, 04-01-1980
Article 749 - Notifications made to the attorney-in-fact or to persons expressly legally authorized by the parties, accredited before the Court, shall have the same effects as if they had been made to them.
Article amended DOF 04-01-1980, 01-05-2019
Article 750 - Notices, summons or summons shall be served within five days of their date, except when expressly provided otherwise in the resolution or in the Law.
Article amended DOF 04-01-1980
Article 751 - The notification letter shall contain, at least:
I. Place, day and time of notification;
II . The file number;
III . The name of the parties;
IV . The name and address of the person or persons to be notified; and
V . Authorized copy of the resolution to be attached to the writ.
Article amended DOF 04-01-1980
Article 752 - Notifications that are not made in accordance with the provisions of this Chapter shall be null and void.
Article amended DOF 04-01-1980
CHAPTER VIII
Letters Rogatory and Dispatches
Chapter relocated and name changed DOF 04-01-1980
Article 753 - The diligences that cannot be carried out in the place of residence of the Court or of the Conciliatory Authority hearing the trial or the conciliation proceeding, as the case may be, shall be entrusted by means of a letter rogatory to the Court or to the Conciliatory Authority of the domicile where they should be carried out, as the case may be; and, if there is none in said place, to the nearest authority to the corresponding place within the Mexican Republic.
The sending, receipt and return of the letters rogatory, except in the case of testimonial evidence, will be done via electronic platform in which all labor justice authorities must be linked, whether they are the Court or the Conciliating Authority of the federal and local order.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 754 - Proceedings to be carried out abroad shall only be authorized when it is shown that they are indispensable to prove the basic facts of the claim or of the answer thereto.
In the case referred to in the preceding paragraph, the corresponding dispatch shall be issued, taking into account the provisions of international treaties or conventions.
Article amended DOF 04-01-1980
Article 755 - In the absence of treaties or agreements, the following rules shall apply:
I. The dispatches shall be sent through diplomatic channels, to the place of residence of the corresponding authority, and the signatures of the issuing authorities must be legalized; and
II. The legalization of signatures will not be necessary if the laws or practices of the country to which the dispatch is being sent do not establish this requirement.
Article amended DOF 04-01-1980
Article 756 - In the letters rogatory that must be served within the Mexican Republic, the legalization of signatures of the issuing authority is not required.
Article amended DOF 04-01-1980
Article 757 - The Court shall issue the letters rogatory and dispatches on the day following the day on which the resolution ordering them takes effect.
Article amended DOF 04-01-1980, 01-05-2019
Article 758 - The letters rogatory and dispatches received by the Courts referred to in Article 753, shall be provided and must be executed within the following five days, except in cases in which the nature of what is to be carried out necessarily requires more time; in this case, the requested authority shall fix the time it deems convenient without the fixed term exceeding fifteen days.
Article amended DOF 04-01-1980, 01-05-2019
Article 759 .- When the compliance with a subpoena is delayed, the authority subpoenaed shall be reminded ex officio or at the request of a party; if despite the reminder the delay continues, the issuing authority shall inform the Council of the Judiciary corresponding to the scope of action of the subpoenaed party, and it shall be considered as a notoriously improper act of delay on the part of the authority subpoenaed, under the terms of Article 48 Bis of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 760 .- The Court, at the request of a party, may deliver the letter rogatory and its annexes to the issuing party upon a reason to be left in the case file, who, under his strictest responsibility, shall deliver it to the authority being summoned for its service.
Amended paragraph DOF 01-05-2019
The offeror shall return the executed letter rogatory under its strictest responsibility to the executor.
Article amended DOF 04-01-1980
CHAPTER IX
Incidents
Chapter relocated and name changed DOF 04-01-1980
Article 761 - Incidents shall be processed within the main file where they are filed, except in the cases provided for in this Law.
Article amended DOF 04-01-1980
Article 762 .- The following matters shall be processed as incidents of prior and special pronouncement.
I. Invalidity;
II. Jurisdiction;
III . Personality;
IV . Accumulation; and
V. Excuses.
Article amended DOF 04-01-1980
Article 763 . When in a hearing or proceeding a plea of lack of personality is filed, it shall be substantiated immediately by hearing the parties and shall be resolved, and the proceeding shall continue.
In the other cases referred to in the preceding article, a date and time shall be set for the holding of the incidental hearing, which shall be held within the following twenty-four hours, in which the parties may offer and present documentary and instrumental evidence so that the incident may be resolved immediately, and the proceeding may continue.
The provisions of the preceding paragraphs do not apply with respect to the ordinary individual trial provided for in Chapter XVII of this Title.
Paragraph added DOF 01-05-2019
When a motion is filed, the grounds thereof shall be stated and the evidence on which it is based shall be attached; if such requirements are not complied with, the court shall dismiss it out of hand.
Paragraph added DOF 01-05-2019
Incidents that do not have a special procedure established in this Law shall be resolved by hearing the parties.
Article amended DOF 04-01-1980, 30-11-2012
Article 763 Bis .- Regarding the incidents that are promoted in the Ordinary Individual Trial, the incidents will be substantiated and resolved in the preliminary hearing, hearing the parties, without suspension of the procedure, with the exception of the incident of nullity, which must be promoted within the three days following in which the irregular act is known, until before the sentence is dictated. In this case, the judge will set a date and time for the holding of the incidental hearing to be held within the following twenty-four hours, in which documentary, instrumental and presumptive evidence may be offered and presented so that the incident may be resolved immediately and the proceeding may continue.
A fine of up to 100 times the Unidad de Medida y Actualizacion will be imposed on whoever promotes a notoriously improper motion.
Article added DOF 01-05-2019
Article 764 - If there is evidence in the record that a person declares that he is aware of a decision, the improperly made or omitted notification shall take effect as if it had been made in accordance with the law. In this case, the motion for nullity that is filed shall be dismissed out of hand.
Article amended DOF 04-01-1980
Article 765 . (Repealed).
Article amended DOF 04-01-1980. Repealed DOF 30-11-2012
CHAPTER X
Accumulation
Chapter relocated and name changed DOF 04-01-1980
Article 766 .- In labor proceedings pending before the Courts, the joinder of proceedings may proceed ex officio or at the request of a party, in the following cases:
Amended paragraph DOF 01-05-2019
I . In the case of lawsuits brought by the same plaintiff against the same defendant, in which the same benefits are claimed;
II. When they are the same parties, even if the benefits are different, but derived from the same work relationship;
III . In the case of lawsuits filed by different plaintiffs against the same defendant, if the conflict had its origin in the same fact derived from the employment relationship; and
IV . In all those cases, which by their very nature, the benefits claimed or the facts that motivated them, may give rise to contradictory resolutions.
Article amended DOF 04-01-1980
Article 767 .- If the joinder is declared admissible, the most recent trial or trials shall be joined to the oldest.
Erratum to the article DOF 05-06-1970. Amended DOF 04-01-1980
Article 768 - Claims filed in relation to the employer's obligations regarding the training and education of the workers and safety and hygiene in the workplaces, shall not be cumulative to any other action. If any of these actions are brought jointly with others arising from the same employment relationship, the provisions of Article 699 shall apply.
Article amended DOF 04-01-1980
Article 769 - The joinder declared admissible shall produce the following effects:
I . In the case of section I of article 766, no effect will be given to the proceedings of the accumulated trial or trials, and only the proceedings of the oldest trial will be effective; and
II. In the cases provided for in sections II, III and IV of Article 766, the conflicts shall be resolved by the same Tribunal in a single decision.
Reformed fraction DOF 01-05-2019
Article amended DOF 04-01-1980
Article 770 - For the processing and resolution of the joinder, the rules contained in Articles 761 to 765 shall be observed.
The Court that has ordered the joinder shall have jurisdiction to hear the joinder, in accordance with the provisions of Chapter III of this Title.
Amended paragraph DOF 01-05-2019
Article amended DOF 02-07-1976, 04-01-1980
CHAPTER XI
Continuance of Proceedings and Forfeiture of Proceedings
Chapter added DOF 04-01-1980
Article 771 .- The Court shall take care, under its strictest responsibility, that the proceedings before it do not remain inactive, providing what according to the Law corresponds until judgment is rendered, unless otherwise provided.
Amended paragraph DOF 01-05-2019
If they fail to comply with the above, they will be subject to the penalties established by the laws on administrative responsibilities of public servants.
Paragraph added DOF 30-11-2012
Article amended DOF 02-07-1976, 04-01-1980
Article 772 .- When, in order to continue the proceeding in the terms of the preceding article, it is necessary for the employee to file a pleading and the latter has not done so within a period of forty-five calendar days, the Court shall order that he be personally required to file it, warning him that, if he fails to do so, the expiration referred to in the following article shall be triggered.
If the worker is sponsored by a Labor Attorney, the Court will notify the agreement in question to the worker and to the Labor Defense Attorney's Office, for the corresponding effects. If he/she is not sponsored by the Labor Attorney, the latter will be notified of the agreement, for the purpose of intervening before the worker and specifying the legal consequences of the lack of promotion, as well as to provide legal advice in case the worker requires it.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 773 - The Court, at the request of a party, shall consider as withdrawn from the action attempted any person who does not make any pleading within a period of four months, provided that such pleading is necessary for the continuation of the proceeding and that the provisions of the preceding article have been complied with. Said term shall not be deemed to be operative if the evidence of the plaintiff has been presented or if a decision is pending on any motion of the parties referred to in this Article, or the practice of any diligence, or the return of a letter rogatory or the receipt of reports or copies requested from a different authority within the proceeding is pending.
For the purposes of the preceding paragraph, the Court shall summon the parties to a hearing, at which, after hearing them and receiving the evidence offered by them, which must refer exclusively to the propriety or inadmissibility of the withdrawal, it shall issue a decision.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 774 .- In case of death of the worker, while his beneficiaries appear in court, the Court shall make the request to the Labor Defense Attorney, in the terms and for the effects referred to in Article 772 of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 774 Bis . At any stage of the proceeding, the parties may, by means of conciliation, enter into an agreement that puts an end to the trial; likewise, the defendant may accept all or part of the claim. In the first case, the trial will be terminated; in the second, the proceeding will continue for what is pending.
Article added DOF 30-11-2012
Article 775 .- The Auxiliary Attorney shall have the powers and responsibilities of an agent; he shall submit the necessary promotions for the continuation of the proceeding, until its total termination.
Once the requirements referred to in the preceding articles have been met, the representation of the auxiliary attorney in the trial in which he/she intervened shall cease.
Article amended DOF 04-01-1980
CHAPTER XII
Of the Tests
Chapter added DOF 04-01-1980
Section One
General Rules
Section added DOF 04-01-1980
Article 776 - All means of proof that are not contrary to morality and law are admissible in the process, and especially the following:
I. Confessional;
II. Documentary;
III. Testimonial;
IV. Expert;
V. Inspection;
VI . Presumptions;
VII . Instrumental proceedings; and
VIII . Photographs, film tapes, dactyloscopic records, audio and video recordings, or the different information and communication technologies, such as computer systems, optical electronic means, fax, e-mail, digital document, electronic signature or password and, in general, the means provided by the discoveries of science.
Section amended DOF 30-11-2012
IX. Proofs of notifications made through the Electronic Mailbox, and
Fraction added DOF 01-05-2019
X. Payroll receipts with digital seal.
Fraction added DOF 01-05-2019
Article amended DOF 04-01-1980
Article 777 - The evidence must refer to the disputed facts when they have not been confessed by the parties.
Article amended DOF 04-01-1980
Article 778 - Evidence shall be offered in accordance with the provisions for each of the procedures regulated by this Law.
The evidence referring to supervening facts may be offered until before the issuance of the judgment, within the three days following the date of knowledge of the same. The Court shall give the evidence to the other parties so that they may state their rights and interests and, if appropriate, formulate the corresponding objections; if necessary, a date and time shall be set for the presentation of the evidence at a hearing.
Article amended DOF 04-01-1980. Erratum DOF 30-01-1980. Amended DOF 01-05-2019
Article 779 - The Court shall reject evidence that is unrelated to the issue raised or that is useless or inconsequential, stating the reason therefor.
Article amended DOF 04-01-1980, 01-05-2019
Article 780 - The evidence shall be offered accompanied by all the elements necessary for its presentation.
Article amended DOF 04-01-1980
Article 781 - The parties may freely interrogate the persons who intervene in the presentation of evidence on the disputed facts, ask each other the questions they deem convenient, and examine the documents and objects that are exhibited.
Article amended DOF 04-01-1980
Article 782 - The Court may order, with the summons of the parties, the examination of documents, objects and places, their recognition by clerks or experts and, in general, to take such steps as it deems appropriate for the clarification of the truth, and shall require the parties to exhibit the documents and objects in question.
The judge may freely question the parties and all those who intervene in the trial about the facts and circumstances that are conducive to ascertaining the truth.
Article amended DOF 24-04-1972, 04-01-1980, 01-05-2019
Article 783 .- Any authority or person outside the trial who has documents in his possession that may contribute to the clarification of the truth shall provide them, at the latest at the Trial Hearing, until before the closure of the investigation, when they are requested by the Court.
With regard to the ordinary individual trial referred to in Chapter XVII of Title Fourteen of this Law, the documents must be submitted at the Preliminary Hearing or, failing that, before the closing of the investigation. The Courts shall take the pertinent measures to comply with this provision.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 784 - The Court shall exempt the employee from the burden of proof, when by other means it is in a position to obtain knowledge of the facts, and for such purpose, at the request of the employee or if deemed necessary, shall require the employer to exhibit the documents which, in accordance with the law, it is legally obliged to keep in the company, under the warning that, if they are not presented, the facts alleged by the employee shall be presumed to be true. In any case, it will be up to the employer to prove his statement when there is a dispute regarding:
Amended paragraph DOF 01-05-2019
I. Worker's date of entry;
II . Seniority of the employee;
III . Absenteeism of the employee;
IV. Cause for termination of the employment relationship;
V. Termination of the employment relationship or contract for a specific work or time, pursuant to the terms of Articles 37, Section I, and 53, Section III, of this Law;
Section amended DOF 30-11-2012
VI. Proof of having given in writing to the worker or to the Tribunal the date and cause of the dismissal.
The plain and simple denial of dismissal does not reverse the burden of proof.
Likewise, the denial of the dismissal and the offer of employment made to the employee does not exempt the employer from proving its statement;
Reformed fraction DOF 30-11-2012, 01-05-2019
VII . The employment contract;
VIII . Ordinary and extraordinary workday, when the latter does not exceed nine hours per week;
Section amended DOF 30-11-2012
IX . Payment of rest days and mandatory days off, as well as Christmas bonus;
Section amended DOF 30-11-2012
X . Enjoyment and payment of vacations;
XI . Payment of Sunday, vacation and seniority premiums;
XII . Amount and payment of salary;
XIII . Payment of workers' profit sharing; and
XIV . Incorporation and contributions to the Mexican Social Security Institute, the National Housing Fund and the Retirement Savings System.
Section amended DOF 30-11-2012
The loss or destruction of the documents mentioned in this article, due to an act of God or force majeure, does not relieve the employer from proving his statement by other means.
Paragraph added DOF 30-11-2012
Article amended DOF 04-01-1980
Article 785 .- If any person is prevented by illness or any other cause from attending the premises of the Tribunal to absolve positions; to recognize the content or signature of a document or to give testimony, and justifies it in the judgment of the same, by means of a medical certificate or other reliable evidence that he/she exhibits under oath and indicating the domicile where the person is unable to do so, the judge will arrange for the evidence to be heard at the same hearing, either at the premises of the Court or at the domicile where said person is, unless it is impossible to do so, which must be fully justified; in this case, a new day and time shall be set for the taking of the evidence within the following three days.
Amended paragraph DOF 01-05-2019
The judge may order the court clerk to go immediately to make sure that the disabled person is at the address provided.
Paragraph added DOF 01-05-2019
If the latter is not found at the domicile, he will be declared confessed or the documents referred to in the proceeding will be acknowledged or the evidence will be declared deserted, as the case may be.
Paragraph added DOF 01-05-2019
The medical certificates must contain the name and professional license number of the person issuing them, the date and the pathological condition that prevents the appearance of the cited person. Medical certificates issued by public social security institutions do not need to be ratified.
Article amended DOF 04-01-1980. Erratum DOF 30-01-1980. Amended DOF 30-11-2012
Section Two
Confessional
Section added DOF 04-01-1980
Article 786 - Each party may request that its opposing party be summoned to appear and answer questions.
Amended paragraph DOF 01-05-2019
In the case of legal entities, the confession may be made through their legal representative or attorney-in-fact with powers to absolve positions.
The unions or workers' or employers' organizations shall absolve positions through their general secretary or member of the statutorily authorized representation or through an attorney-in-fact with express powers.
Article amended DOF 04-01-1980, 30-11-2012
Article 787 .- The parties may also request that the directors, administrators, managers and, in general, the persons who exercise management and administrative functions in the company or establishment, as well as the members of the board of directors of the unions, be summoned to absolve positions or answer questions in person, when the facts that gave rise to the conflict are their own and have been attributed to them in the claim or answer, or when by reason of their functions they should be known to them.
The presentation of the absolvents referred to in the preceding paragraph for the presentation of their confession at the trial hearing shall be the responsibility of the legal representative of the employer's party, unless he demonstrates good cause to prevent it, in which case the court shall summon him through the clerk of the court.
The judge may dismiss the confession or interrogation for facts proper to the absolved person who is intended to appear at trial, when:
a) The hypotheses set forth in the first paragraph of this article are not met;
b) Is superabundant or involves absolvents whose confession or statement deals with the same facts;
c) When the facts about which it is intended to testify are implausible in the opinion of the judge, and
d) Their appearance is unnecessary or their appearance may cause undue delay of the trial.
Article amended DOF 04-01-1980, 01-05-2019
Article 788 - The judge shall order that the absolvents be summoned personally or through their proxies, warning them that if they do not appear on the day and time indicated, they shall be considered as having confessed to the positions articulated to them.
The judge may reduce the number of persons who are requested to be summoned to give confessional evidence, when he considers that their statements may result in a useless reiteration of the same facts, or when he notices that it will cause an unnecessary delay in the trial.
Article amended DOF 04-01-1980, 01-05-2019
Article 789 - If the person summoned to answer questions and absolve positions does not appear on the date and at the time indicated, the warning referred to in the preceding article shall be enforced and he shall be declared confessed of the positions that have been articulated and qualified as legal.
Article amended DOF 04-01-1980, 01-05-2019
Article 790 .- The following rules shall be observed in the hearing of confessional evidence:
I. The questions and/or positions shall be formulated orally at the time of the hearing by means of open interrogation, without the presentation of sheets; they shall refer to the facts in dispute in clear and precise terms, which can be understood without difficulty, and whose purpose is to clarify the truth of the facts;
Reformed fraction DOF 01-05-2019
II. The judge, ex officio or at the request of a party, may reject the questions that do not comply with said requirements, justifying his decision; he may also ask the absolvents the questions he deems pertinent, as well as order them to specify or clarify their answers;
Erratum to section DOF 30-01-1980. Amended DOF 01-05-2019
III. The declarant, under oath, shall answer by himself, without being assisted by any person. He/she may not use a draft of answers, but shall be allowed to consult notes or jottings, if the judge decides that they are necessary to aid his/her memory;
Reformed fraction DOF 30-11-2012, 01-05-2019
IV. It is repealed.
Section repealed DOF 01-05-2019
V. It is repealed.
Section repealed DOF 01-05-2019
VI. The declarant shall answer the positions or questions put to him/her, and may add such explanations as he/she deems convenient or as the Court may request;
Reformed fraction DOF 01-05-2019
VII. If the declarant refuses to answer or his answers are evasive, the Court, ex officio or at the request of a party, shall warn him on the spot to be considered as having confessed the facts attributed to him if he persists in doing so.
Reformed fraction DOF 01-05-2019
Article amended DOF 04-01-1980
Article 790 Bis .- If there are several declarants, the proceedings shall be carried out avoiding that those who declare first communicate with those who do so later; the latter shall remain in a room different from the one where the hearing is being held, and shall therefore be called to declare in the established order. This provision does not apply to the plaintiff or the defendant.
Article added DOF 01-05-2019
Article 791 .- If the person who is to absolve positions and answer questions has his residence outside the place where the Court is located, the latter shall issue an exhortation to summon the declarant and provide the necessary for him to appear before the Court through the exhorted Court on the day and time indicated for such purpose; such evidence shall be rendered remotely through videoconference, in which the exhorting court shall conduct the hearing of the confession.
Article amended DOF 04-01-1980, 01-05-2019
Article 792 - The affirmations contained in the positions formulated by the articulating party shall be considered as express and spontaneous confessions.
Article amended DOF 04-01-1980
Article 793 .- When the declarant for proper facts no longer works for the company or establishment, prior verification of the fact, the offeror of the evidence shall be requested to provide the domicile where he should be summoned. In the event that the offeror does not know the domicile, he shall inform the Court before the date set for the trial hearing in which the evidence is to be given; the Court may request the company to provide the last registered domicile of said person. In the event that the person referred to in this article has ceased to render services to the company for a term of more than three months, the nature of the evidence will change to testimonial.
If the person summoned does not appear on the day and at the time indicated, the judge will evaluate the relevance of the evidence in relation to the facts in dispute, and may reject it if he considers it irrelevant to clarify them or if the difficulty of its presentation is a reason for the unjustified delay of the proceeding.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 794 - Express and spontaneous confession of the parties, without the need to be offered as evidence, shall be deemed to be the manifestations contained in the records and proceedings of the trial.
Article amended DOF 04-01-1980
Section Three
Documentaries
Section added DOF 04-01-1980
Article 795 - Public documents are those whose formulation is entrusted by law to an official vested with public faith, or to those public servants who issue them in the exercise of their functions.
Public documents issued by the authorities of the Federation, of the states, of Mexico City or of the municipalities and mayors' offices, as well as of the autonomous public agencies will be authentic in the trial without the need for legalization.
Article amended DOF 04-01-1980, 01-05-2019
Article 796 - Private documents are those that do not meet the conditions set forth in the preceding article.
Article amended DOF 04-01-1980
Article 797 .- The originals of the private documents shall be presented by the offering party who has them in his possession; if they are objected to as to content and signature, they shall be left in the file until they are perfected; if they are not objected to, the offering party may request the return of the original, after a certified copy has been filed in the file.
Article amended DOF 04-01-1980
Article 798 .- If the private document consists of a simple or photostatic copy, in case of objection, the comparison with the original may be requested; for this purpose, the offering party must justify the reasons or impediment for not presenting it at trial and specify the place where the original document is located. In this case the judge shall require the holder of the same to present it at the trial hearing; if this is not possible due to legal provision or material impediment, he may commission the clerk or secretary to carry it out; in order to carry out this means of perfection, the diligence shall be carried out, as appropriate, in accordance with the provisions of Articles 827 and 829 of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 799 - If the original document on which the collation or comparison is to be made is in the possession of a third party, the latter shall be obliged to exhibit it.
Article amended DOF 04-01-1980
Article 800 - When a document originating from a third party not involved in the trial is challenged, its content and signature must be ratified by the subscriber, for which purpose the subscriber must be summoned in accordance with the terms of section VII of Article 742 of this Law.
The opposing party may ask questions in relation to the suitability of the ratifier as well as on the circumstantial elements of the facts contained in the document and those of its preparation, for which the rules established in Article 815 of this Law shall be observed.
Amended paragraph DOF 01-05-2019
Article amended DOF 04-01-1980
Article 801 - The interested parties shall present the originals of the private documents and, when they form part of a book, file or dossier, shall exhibit a copy so that the part they indicate may be certified, indicating the place where they are located, and must justify the circumstance for which they cannot be exhibited in the Court; in this case the judge may commission a clerk or secretary to certify the extremes of the evidence, observing the provisions of Articles 827 and 829 of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 802 - The person who signs a private document shall be deemed to be the author thereof.
Subscription of a writing is understood to be the placing at the foot or in the margin of the same of the author's autograph signature or fingerprint, as an expression of the author's will to make it his own.
Amended paragraph DOF 30-11-2012
The subscription makes full faith of the formulation of the document on behalf of the subscriber when it is ratified in its content and signature or digital fingerprint; except in the cases in which the content is not reputed to come from the author, circumstance that must be justified with suitable proof and of the one indicated in article 33 of this Law.
Article amended DOF 04-01-1980
Article 803 - Each party shall exhibit the documents or objects offered as evidence to be placed in the case file. In the case of reports or copies to be issued by any authority, the Court shall request them directly, making sure to obtain them before the trial hearing.
Article amended DOF 04-01-1980, 01-05-2019
Article 804 - The employer is obliged to keep and exhibit in court the documents specified below:
I . Individual employment contracts entered into, when there is no collective bargaining agreement or contract applicable Law;
II . Personnel lists or payroll, when kept at the work center; or receipts for payment of salaries;
III . Attendance controls, when carried in the work center;
IV . Proof of payment of profit sharing, vacation and Christmas bonuses, as well as the bonuses referred to in this Law, and social security payments, contributions and fees; and
Section amended DOF 30-11-2012
V . Any other as provided by law.
The documents mentioned in Section I must be kept for the duration of the employment relationship and up to one year thereafter; those mentioned in Sections II, III and IV, during the last year and one year after the termination of the employment relationship; and those mentioned in Section V, in accordance with the provisions of the Laws that govern them.
Amended paragraph DOF 30-11-2012
Article amended DOF 04-01-1980
Article 805 - Failure to comply with the provisions of the preceding article shall establish the presumption of truth of the facts expressed by the plaintiff in his claim, in relation to such documents, except for proof to the contrary.
Article amended DOF 04-01-1980
Article 806 - Whenever one of the litigants requests a copy or testimony of a document, piece or file that is in the public offices, the opposing party shall have the right, at his own expense, to have it added with what he believes to be pertinent from the same document, piece or file.
Article amended DOF 04-01-1980
Article 807 - The documents existing in the place where the lawsuit is filed, which are in the possession of the opposing party, authorities or third parties, shall be subject to collation or comparison, at the request of the offeror, through the clerk of the court.
The documents existing in a place other than that of the residence of the Tribunal, which are in any of the cases mentioned in the preceding paragraph, shall be collated or certified at the request of the offeror, by means of a letter rogatory addressed to the corresponding authority.
Amended paragraph DOF 01-05-2019
In order to proceed with the comparison or collation, a copy of the document that is to be perfected by this means must be exhibited at the evidentiary hearing.
Article amended DOF 04-01-1980
Article 808 . In order to be valid in the Republic, documents originating abroad must be presented duly legalized by the diplomatic or consular authorities, under the terms established by the relevant laws or international treaties.
Article amended DOF 04-01-1980, 30-11-2012
Article 809 .- Documents submitted in a foreign language must be accompanied by their translation; the court shall immediately appoint an official translator ex officio, who shall submit and ratify, under oath, the translation he makes within five days; the judge shall take the necessary measures so that said translation is ready before the trial hearing.
Article amended DOF 04-01-1980, 01-05-2019
Article 810 - Copies give rise to a presumption of the existence of the originals, in accordance with the applicable rules; but if their accuracy is in doubt, a comparison with the originals from which they were taken shall be ordered, provided that this has been offered.
Article amended DOF 04-01-1980
Article 811 .- If the authenticity of any document is objected to as to content, signature or fingerprint; the parties may offer evidence with respect to the objections, which shall be received, if appropriate, at the hearing for the production of evidence referred to in Article 884 of this Law.
Article amended DOF 04-01-1980
Article 812 - When public documents contain declarations or statements made by private individuals, they only prove that they were made before the authority that issued the document.
The statements or declarations in question are evidence against those who made them or attended the act in which they were made, and declared themselves in agreement with them.
Article amended DOF 04-01-1980
Section Four
Testimonial
Section added DOF 04-01-1980
Article 813 - All those who have knowledge of the facts to be proved by the parties are obliged to testify as witnesses.
The party offering testimonial evidence must comply with the following requirements:
I. Only a maximum of three witnesses may be offered for each fact in dispute to be proved;
II. It shall indicate the names and domiciles of the witnesses; when there is an impediment to directly present the witnesses, the Tribunal must be requested to summon them, indicating the cause or justified reason that prevents it, in which case it shall provide their domicile and, if these are incorrect, the offeror shall be responsible for their presentation;
III. If the witness resides outside the place of residence of the Tribunal, the offeror shall, upon offering the evidence, accompany a written interrogatory, according to which the witness shall be examined and copies shall be exhibited for each of the parties, failing which it shall be declared null and void. The copies of the interrogatory shall be made available to the other parties, so that within a term of three days they may submit their cross-examination in a sealed envelope.
The Court shall issue a letter rogatory, enclosing, in a closed and sealed envelope, the interrogatories, if any, previously qualified; a copy of which shall be kept in the secrecy of the Court, to be served by the Court summoned.
Notwithstanding the foregoing, if there is no technical or material impediment, the court may order that the evidence be given remotely, through videoconference, when possible, for which purpose the requested court shall ensure that the witness is in the courtroom available to carry out such evidence;
IV. When the witness is a public servant, from the level of Management or similar, he/she shall render his/her statement by means of an official report, observing the provisions of this article as applicable.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 814 .- The Court, in the case of Section II of the preceding Article, shall order that the witness be summoned to give his statement at the time and on the day indicated for that purpose, with the warning of being presented by means of public force.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 815 .- The following rules shall be observed in the hearing of testimonial evidence:
I. The offeror of the evidence shall present his witnesses directly, except as provided in Article 813, and the Tribunal shall proceed to receive their testimony;
Reformed fraction DOF 01-05-2019
II. Prior to the beginning of the appearance, the Tribunal shall require the person appearing to give the corresponding evidence to identify himself with any official document; and, if he fails to do so at the time of the hearing, the corresponding statement shall be rendered null and void. The foregoing may be waived if the parties recognize the witness; the name, age, domicile, occupation, position and place where he works, if he is related by blood or affinity to any of the parties or their representatives, if he is a dependent or employee of the person presenting him, if he has a partnership or any other relationship with him, if he has a direct or indirect interest in the proceeding, if he is a friend of any of the parties, and then his statement shall be taken;
Reformed fraction DOF 30-11-2012, 01-05-2019
III . The witnesses shall be examined separately, in the order in which they were offered. The interrogations shall be formulated orally, except as provided in sections III and IV of Article 813 of this Law;
IV. The Tribunal shall take the witness under oath to conduct himself truthfully and shall warn him of the penalties incurred by false witnesses;
Reformed fraction DOF 30-11-2012, 01-05-2019
V. The parties shall formulate the questions verbally and directly and that have not been asked previously to the same witness, or have an implicit answer.
Ambiguous or indicative questions shall not be allowed, nor shall they refer to facts and circumstances unrelated to the object of the evidence or that seek to coerce the witnesses.
The questions may be objected to by the opposing party before the witness gives his answer, for which the judge will proceed to qualify the validity or rejection of the question, justifying his determination.
If, in the judge's opinion, there are points that are not sufficiently clarified, he may order the witness to clarify them;
Reformed fraction DOF 01-05-2019
VI. The offeror of the evidence shall be examined first, followed by the other parties. The Tribunal, when it deems it appropriate, shall examine the witness directly;
Reformed fraction DOF 30-11-2012, 01-05-2019
VII. The questions and answers shall be recorded in the record through graphic, documentary, audio or audiovisual means. To this end, the court shall implement the systems it deems necessary to record the development of the hearing, giving priority to the principles of immediacy, concentration and procedural speed. In no case shall the dictation of questions and answers be allowed;
Reformed fraction DOF 30-11-2012, 01-05-2019
VIII. Witnesses are obliged to give the reason for their testimony, and the Tribunal shall request it in the case of answers that do not already contain such reason;
Reformed fraction DOF 30-11-2012, 01-05-2019
IX. Repealed.
Section amended DOF 30-11-2012. Repealed DOF 01-05-2019
X. Repealed.
Section added DOF 30-11-2012. Repealed DOF 01-05-2019
XI. The taking of this evidence is indivisible, unless one of the witnesses resides outside the place of residence of the Tribunal and the evidence has to be taken by exhortation, in which case the judge shall adopt the pertinent measures so that the other witnesses do not have prior knowledge of the statements taken;
Section added DOF 30-11-2012. Amended DOF 01-05-2019
XII. During the interrogation and cross-examination, in order to overcome or evidence contradictions, or to request the pertinent clarifications, the parties or their attorneys may place before the witness documents prepared by him or in which he has participated, as well as ask him to read part of the same, when necessary to support his memory. Only documents that are part of the case file may be placed before the witness; and
Fraction added DOF 01-05-2019
XIII. In due course, the parties may state what is in their interest with respect to the personal circumstances of the witnesses and the truthfulness of their statements, as provided in Article 818 of this Law.
Fraction added DOF 01-05-2019
If the witness so requests, a certificate of attendance will be issued.
Paragraph added DOF 01-05-2019
Article amended DOF 04-01-1980
Article 816 .- If the witness does not speak the Spanish language, he shall give his statement through an interpreter, who shall be appointed by the Court, and who shall protest his faithful performance. When the offeror so requests, in addition to recording his statement in Spanish, it shall be written in his own language, either by him or by the interpreter.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 817 .- The Court, when issuing the subpoena for the hearing of the testimonial evidence, shall accompany the interrogatories with the questions and qualified cross-examinations, in accordance with which the evidence shall be heard, without the parties being able to amplify them, and shall indicate to the authority subpoenaed the names of the persons who have the power to intervene in the proceedings.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 818 - Objections to witnesses shall be formulated orally at the conclusion of the hearing of the evidence for its evaluation by the Tribunal.
When a witness is objected to as false, the Court shall receive the evidence at the trial hearing. Only documentary evidence, evidence contained in electronic media, presumptive evidence and evidence that is admissible due to its own special nature will be admitted. Once this evidence has been presented and after hearing the parties, a decision will be made at the same trial hearing.
Article amended DOF 04-01-1980, 01-05-2019
Article 819 - A witness who fails to attend the hearing, despite having been legally summoned, shall be given effect to the warning decreed, and the Court shall issue the necessary measures to ensure that he appears to give his statement on the day and at the time indicated.
Article amended DOF 04-01-1980, 01-05-2019
Article 820 - A single witness may form a conviction, if circumstances concur in the same that are a guarantee of veracity that make it unsuspected of falsifying the facts about which he/she testifies, if:
I . He was the only one who noticed the facts;
II . The statement is not in opposition with other evidence in the case file; and
III . Circumstances that guarantee veracity are present in the witness.
Article amended DOF 04-01-1980
Section Five
Expert's report
Section added DOF 04-01-1980
Article 821 - Expert evidence shall only be admissible when, in order to prove a disputed fact, knowledge of the science, art, profession, technique, trade, or industry in question is required, and in general when it concerns matters which by their nature are not known to the Court.
Article amended DOF 04-01-1980, 01-05-2019
Article 822 - The experts must prove that they have knowledge of the subject matter of their report; if the profession or art is legally regulated, the experts must prove that they are authorized in accordance with the Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 823 - The expert evidence shall be offered indicating the subject matter on which it is to be based, exhibiting the respective questionnaire, with a copy for each of the parties. The omission of the questionnaire shall result in the Tribunal not admitting the evidence.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 824 - When admitting the expert evidence, the Court shall appoint the official expert or experts it deems necessary, without prejudice to the possibility that the parties may be accompanied by an advisor to assist them during the taking of such evidence.
The employee may request the Public Defender's Office or the Labor Prosecutor's Office to assign an advisor to assist him/her in the expert evidence.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 824 Bis .- If the expert is outside the jurisdiction of the Court, the evidence in his charge may be given by electronic or technological means available; in these cases, the Court shall ensure that the Expert is fully identified and that he accepts and protests his position before the court summoned, when he has not previously done so before the trial Court itself.
Article added DOF 01-05-2019
Article 825 .- The following provisions shall be observed in the presentation of expert evidence:
I. Repealed.
Section repealed DOF 01-05-2019
II. The expert or experts, once they accept and protest their position in accordance with the Law and become aware of the penalties incurred by false declarants, shall provide their name, age, occupation and place where they practice or render their services. They shall also accredit that they have the knowledge in the matter on which they will render their opinion with the respective document or documents. They shall then render their opinion;
Reformed fraction DOF 01-05-2019
III. The opinion shall deal with the points referred to in Article 823 of this Law, and
Reformed fraction DOF 30-11-2012, 01-05-2019
IV. The parties and the judge may ask the experts the questions they deem convenient; as well as formulate observations on the deficiencies or inconsistencies that in their opinion the report contains, or the aspects that support its suitability. For this purpose, the provisions of Article 815 of this Law shall be applicable.
Reformed fraction DOF 30-11-2012, 01-05-2019
V. Repealed.
Section repealed DOF 01-05-2019
Article amended DOF 04-01-1980
Article 826 - The expert appointed by the Court must excuse himself within forty-eight hours of notification of his appointment, whenever any of the causes referred to in Chapter Four of this Title are present.
The Tribunal shall qualify the excuse and, if declared admissible, a new expert shall be appointed.
Article amended DOF 04-01-1980, 01-05-2019
Article 826 Bis .- When the report rendered by an expert is notoriously false, biased or inaccurate, the Court shall refer the matter to the Public Prosecutor's Office to determine whether a crime has been committed.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Section Sixth
Inspection
Section added DOF 04-01-1980
Article 827 - The party offering the inspection shall specify the subject matter thereof, the periods to be covered and the objects and documents to be examined. When the evidence is offered, it shall be offered in the affirmative, stating the facts or questions that are intended to be accredited with the same.
The inspection evidence shall be conducted at the domicile of the Tribunal, unless there is a legal or material impediment to do so. In this case, the party having custody of the items to be inspected shall indicate the place where the inspection is to be carried out and the reasons that prevent him from exhibiting them in the Tribunal; if in the opinion of the Tribunal the impediment is justified, it shall commission the clerk or secretary to go to the indicated place and proceed to attest to the extremes of the evidence.
Article amended DOF 04-01-1980, 01-05-2019
Article 828 - Once the Court has admitted the evidence of inspection, it shall set the day, time and place for its examination; if the documents and objects are in the possession of any of the parties, the Court shall warn them that, if they are not exhibited, the facts to be proved shall be presumed to be true, provided that they are the documents referred to in Article 804 of this Law. If the documents and objects are in the possession of persons not involved in the dispute, the appropriate means of constraint shall be applied.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 829 .- The following rules shall be observed in the examination of the inspection evidence:
I. Only in the case in which the inspection must be carried out outside the premises of the Tribunal, the Tribunal shall order its practice prior to the trial hearing, under the following rules:
a) The parties and their attorneys-in-fact may attend the inspection and formulate the objections or observations they deem pertinent;
b) The judge or the acting officer shall request that the documents and objects to be inspected be placed before him, and
c) Circumstantial minutes shall be drawn up of the proceeding, which shall be signed by those who intervene in it, which shall be added to the file, after a reason has been given in the records; to the same may be attached such elements as may be deemed pertinent to strengthen the means of conviction of the proceeding.
Reformed fraction DOF 01-05-2019
II.In all other cases, the inspection evidence shall be given in the presence of the judge and on the premises of the Court at the trial hearing, in accordance with the following rules:
a) The judge shall request that the documents and objects to be inspected be placed before him, and
(b) The parties may formulate such objections or observations as they deem pertinent.
Reformed fraction DOF 01-05-2019
III. It is repealed.
Section repealed DOF 01-05-2019
IV. It is repealed.
Section repealed DOF 01-05-2019
Article amended DOF 04-01-1980
Section Seven
Presumptions
Section added DOF 04-01-1980
Article 830 - Presumption is the consequence that the Law or the Court deduces from a known fact to ascertain the truth of another unknown fact. The Court shall consider it even when the parties do not offer it, in order to comply with the purposes of labor law set forth in Articles 2 and 3 of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 831 - There is a legal presumption when the Law expressly establishes it or when it is derived from the application of any of the principles that govern labor law; there is a human presumption when from a fact duly proven another fact is deduced that is a consequence of the former.
Article amended DOF 04-01-1980, 01-05-2019
Article 832 - He who has in his favor a legal presumption is only obliged to prove the fact on which it is based.
Article amended DOF 04-01-1980
Article 833 - Legal and human presumptions admit proof to the contrary.
Article amended DOF 04-01-1980
Article 834 - The parties, when offering the presumptive evidence, shall indicate what it consists of and what it proves.
Article amended DOF 04-01-1980
Section Eight
Instrumental
Section added DOF 04-01-1980
Article 835 - The instrumental evidence is the set of actions and elements contained in the file and the annexes formed for the purpose of the trial.
Article amended DOF 04-01-1980, 01-05-2019
Article 836 - The Court shall be obliged to take into account the proceedings and elements contained in the case file and the annexes drawn up in connection with the trial.
Article amended DOF 04-01-1980, 01-05-2019
Section Nine
Of the Elements Contributed by the Advances of Science .
Section added DOF 30-11-2012
Article 836-A - In the event that the parties offer as evidence those indicated in section VIII of Article 776, the offeror must provide the Court with the instruments, apparatus or elements necessary for the content of the records to be appreciated and the sounds and images to be reproduced, for the time necessary for their disclosure.
In the event that the offeror duly justifies its inability to provide such elements, the Tribunal will provide it.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Article 836-B . For the purpose of the disclosure or evaluation of the means of evidence referred to in this Section, the following shall be understood as:
a ) Certification Authority: the agencies and entities of the Federal Public Administration and the certification service providers that, in accordance with the legal provisions, are recognized as such and have the technological infrastructure to issue, manage and register digital certificates, as well as to provide services related thereto;
b ) Access key: the unique set of alphanumeric characters that a user uses to access a service, system or program and that may be associated to a physical, magnetic or biometric means;
c ) Digital Certificate: a digital certificate issued by a Certification Authority that guarantees the authenticity of the certificate holder's identity data;
d ) Password: the unique set of secret characters that allows validating the identification of the person to whom an Access Key was assigned to enter a service, system or program;
e ) Private key: the set of characters generated by the holder of the digital certificate in an exclusive and secret manner to create its advanced electronic signature;
f ) Public key: the data contained in a digital certificate that allows the identification of the signatory and the verification of the authenticity of its advanced electronic signature;
g ) Recipient: the person designated by the sender to receive the data message;
h ) Digital Document: information that can only be generated, consulted, modified and processed by electronic means, and sent through a data message;
i ) Sender: the person who sends a digital document or data message;
j ) Electronic signature: Set of data that in electronic form are linked or associated to a data message by any technology and that are used to identify the signatory in relation to the data message to indicate that he/she approves the information contained in the data message;
k ) Advanced Electronic Signature: the set of characters that allows the identification of the signatory in electronic documents or data messages, as a result of using its digital certificate and private key and that produces the same legal effects as the autograph signature;
l ) Signatory: any person who uses his electronic signature or advanced electronic signature to sign digital documents and, as the case may be, data messages;
m ) Electronic Communication Media: technological devices for the transmission and reception of data messages and digital documents;
n ) Electronic Media: technological devices for processing, printing, displaying, storing, reproducing, retrieving, extracting and preserving information;
ñ ) Data Message: the exchange of information between a sender and a receiver through electronic means of communication;
o ) Personal identification number (PIN): the password used in the services, systems or programs, to gain access or identify oneself; and
p ) Information system: set of technological elements for generating, sending, receiving, storing or processing information.
q) CFDI: Digital Tax Receipt via Internet or equivalent document in terms of the applicable tax provisions.
Subsection added DOF 01-05-2019
Article added DOF 30-11-2012
Article 836-C . The party offering any digital document or any electronic means shall comply with the following:
I . Submit a printout or copy of the digital document; and
II . Accompany the minimum data for the location of the digital document, in the electronic medium in which it is found.
Article added DOF 30-11-2012
Article 836-D . The following rules shall be observed in the presentation of evidence by electronic means:
I. The Tribunal shall appoint the official expert or experts required to determine whether the information contained in the digital document is intact and unaltered, as it was generated from the first moment, locating it in time and space between the sender and the addressee.
The Court may commission the clerk, in association with the appointed expert or experts, to certify the place, date and time in which the medium on which the digital document is contained is made available to them.
In the case of electronic payment receipts, the Court will designate a notary to consult the link or links provided by the offeror of the evidence, where the Digital Tax Receipts by Internet or CFDI are found, to verify their content, and in the case of coincidence, they will be considered as perfected, unless there is evidence to the contrary.
Reformed fraction DOF 01-05-2019
II . If the digital document or electronic media is in the possession of the offeror, the latter shall make available to the designated expert or experts, the necessary means to issue their opinion, with the warning that if this is not done, the evidence shall be declared void.
III . If the digital document or electronic media is in the possession of the opposing party, it must also be made available to the designated expert or experts, with the warning that in case of failure to do so, the facts that the offeror expresses in relation to the digital document will be presumed to be true.
IV. If the digital document or electronic media is in the possession of a third party, the latter is obliged to make it available to the Court, under the warnings established in Article 731 of this Law.
Amended paragraph DOF 01-05-2019
For the purposes of this Article, the provisions of Section Five of this Chapter, regarding expert evidence, shall apply.
V. The parties and the members of the Tribunal may ask the appointed expert(s) any questions they deem appropriate.
Reformed fraction DOF 01-05-2019
In order to provide the evidence referred to in this article, the Tribunal may at any time be assisted by the human and technological elements necessary for the best provision of evidence.
Amended paragraph DOF 01-05-2019
Article added DOF 30-11-2012
CHAPTER XIII
Labor Resolutions
Chapter added DOF 04-01-1980
Article 837 .- The resolutions of the labor courts are:
I . Agreements: if they refer to simple procedural determinations or when they decide any question within the business;
II . Incidental rulings or interlocutory resolutions: when they resolve an incident within or outside of trial; and
III. Judgments: when they decide on the merits of the conflict.
Reformed fraction DOF 01-05-2019
Article amended DOF 04-01-1980
Article 838 - The Court shall render its decisions at the conclusion of the respective proceedings or within forty-eight hours following those in which it receives written pleadings, unless otherwise provided by this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 839 - The resolutions of the Courts that so require shall be signed by the judge or by the examining clerk, as the case may be, on the day they are issued.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 840 .- The sentence shall contain:
Amended paragraph DOF 01-05-2019
I. Place, date and Court that pronounces it;
Reformed fraction DOF 01-05-2019
II. Names and addresses of the parties and their representatives;
III . Extract of the claim and its answer; reply and counter-reply and, if applicable, of the counterclaim and answer thereto, which must clearly and concisely contain the petitions of the parties and the facts in dispute;
Section amended DOF 30-11-2012
IV. Enumeration of the evidence admitted and disclosed and its appraisal in conscience, indicating the facts that must be considered proven;
Section amended DOF 30-11-2012
V. Excerpt from the pleadings;
VI . The legal or equity reasons, jurisprudence and doctrine on which they are based; and
Section amended DOF 30-11-2012
VII . Resolutive points.
Article amended DOF 04-01-1980
Article 841 - Judgments shall be rendered on the basis of known truth and good faith, and by assessing the facts in conscience, without the need to be subject to rules or formulations on the assessment of evidence, but the Courts are obliged to study in detail the evidence rendered, making an assessment of the same. Likewise, they shall express the motives and legal grounds on which they are based.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 842 - Judgments must be clear, precise and congruent with the claim, answer, and other pretensions deduced in the trial in due time.
Article amended DOF 04-01-1980, 01-05-2019
Article 843 - In the sentences, in the case of economic benefits, the salary that serves as the basis for the sentence shall be determined; quantifying the amount of the benefit, the measures in accordance with which the resolution must be complied with shall be indicated. Only as an exception, it may be ordered to open a liquidation incident.
Article amended DOF 04-01-1980, 01-05-2019
Article 844 .- When the sentence is for a liquid amount, the basis on which it shall be served shall be established in the sentence itself, without the need for an incident, and in accordance with which it shall be served.
Article amended DOF 04-01-1980, 01-05-2019
Article 845 .- Repealed.
Article amended DOF 04-01-1980, 09-04-2012. Repealed DOF 01-05-2019
Article 846 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 847 .- Once the judgment has been notified, any of the parties, within a period of three days, may request the Court to clarify the decision, in order to correct errors or clarify any point. The Tribunal will resolve within the same term, but for no reason may the sense of the decision be changed. The error of mention of date, name, denomination or calculation may be clarified ex officio.
Article amended DOF 04-01-1980, 01-05-2019
Article 848 - The Courts may not revoke their own resolutions except for those that are challenged by means of the Appeal for Reconsideration provided for in this Law.
The parties may demand the liability incurred by the members of the Tribunals.
Article amended DOF 04-01-1980, 01-05-2019
CHAPTER XIV
Review of Enforcement Actions
Chapter added DOF 04-01-1980
Article 849 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 850 .- Repealed.
Article amended DOF 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 851 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 852 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 853 .- Repealed.
Article amended DOF 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 854 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 855 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 856 .- Repealed.
Article amended DOF 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
CHAPTER XV
Precautionary Rulings
Chapter added DOF 04-01-1980
Article 857 .- The investigating clerk of the Court, at the request of a party, may decree the following precautionary measures:
Amended paragraph DOF 01-05-2019
I. Prohibition to leave the national territory or a specific town when there is fear of the absence or concealment of the person against whom a lawsuit is filed or has been filed;
Reformed fraction DOF 01-05-2019
II . Precautionary seizure, when it is necessary to secure the assets of a person, company or establishment.
Reformed fraction DOF 30-11-2012
III. Require the employer to refrain from terminating the employment of a pregnant worker who has been dismissed from the social security institution with which she is affiliated, when in the opinion of the Court there is sufficient evidence to presume that she was dismissed because of her condition; such measure will be applied provided that the claim is accompanied by a medical certificate attesting to the pregnancy, issued in accordance with the requirements and formalities set forth in the law, and
Fraction added DOF 01-05-2019
IV. In cases where discrimination in employment is claimed, such as discrimination based on pregnancy, sexual orientation, or gender identity, as well as in cases of child labor, the court will take the necessary measures to prevent the cancellation of the enjoyment of fundamental rights, such as social security, pending the resolution of the labor lawsuit, or will decree security measures for persons who so warrant. For this purpose, the plaintiffs must prove the existence of evidence that generates a reasonable suspicion, appearance or presumption of the acts of discrimination that they assert.
Fraction added DOF 01-05-2019
Article amended DOF 04-01-1980
Article 858 - The precautionary measures indicated in sections I and II of the preceding article may be requested at the time of filing the claim, or subsequently, whether they are formulated in writing or in appearance. In the first case, they will be processed prior to the summons and in the second, separately. In neither case shall the request be brought to the attention of the person against whom the order is sought.
The precautionary measures provided for in Sections III and IV of Article 857 of this Law must be requested when filing the lawsuit.
The precautionary measures may be challenged by means of an appeal for reconsideration; this shall be filed in writing within three days after the challenged act is known, expressing the grievances caused by the challenged measure; the opposing party shall be given a hearing for a term of three days in order to state what he/she deems appropriate.
Once the hearing term has elapsed, the appeal will be resolved flatly by the judge in the preliminary hearing.
In the event that the precautionary measure is decreed after the preliminary hearing, and an appeal for reconsideration is filed, once the opposing party has been heard, the Court will decide on the merits.
Article amended DOF 04-01-1980, 01-05-2019
Article 859 .- The arraigo shall be decreed in a flat manner and its effect shall consist of preventing the defendant from leaving the place of his residence without leaving a legitimate, sufficiently instructed and experienced representative.
Article amended DOF 04-01-1980
Article 860 .- The person who breaks the decreed arraigo, shall be responsible for the crime of disobedience to an order of authority. To this effect, the Court shall file the respective complaint before the respective Public Prosecutor's Office.
Article amended DOF 04-01-1980, 01-05-2019
Article 861 . In order to decree a precautionary seizure, the following rules shall be observed:
Amended paragraph DOF 30-11-2012
I . The petitioner shall determine the amount of the claim and shall submit such evidence as it deems appropriate to prove the need for the measure;
II. The Court, taking into consideration the circumstances of the case and the evidence submitted, within twenty-four hours following the request, may order the precautionary seizure if, in its judgment, the order is necessary;
Reformed fraction DOF 30-11-2012, 01-05-2019
III. The order ordering the seizure will determine the amount for which it must be made; and
Section amended DOF 30-11-2012
IV. The Court will dictate the measures to which the seizure will be subject, so that the development of the activities of the company or establishment is not suspended or hindered.
Reformed fraction DOF 30-11-2012, 01-05-2019
Article amended DOF 04-01-1980
Article 862 .- In the case of section II of the preceding article, the order shall be deemed necessary when the petitioner proves that the respondent has different lawsuits or claims before judicial or administrative authorities brought by third parties against him, and that due to their amount, in the opinion of the Court, there is a risk of insolvency.
Article amended DOF 04-01-1980, 01-05-2019
Article 863 . The order shall be carried out even if the person against whom it is issued is not present. The owner of the seized assets will be the depositary of the same, without the need for him to accept the position or protest to perform it, with the responsibilities and attributions inherent to the same, observing the provisions of this Law as applicable. In the case of a legal entity, the depositary will be the manager or general director or whoever has the legal representation of the same.
In the case of real estate, at the request of the interested party, the Court will request the registration of the precautionary seizure in the Public Registry of Property.
Amended paragraph DOF 01-05-2019
Article amended DOF 04-01-1980, 30-11-2012
Article 864 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
CHAPTER XVI
Proceedings before Conciliation Boards
Chapter added DOF 04-01-1980. Repealed DOF 30-11-2012
Article 865 . (Repealed).
Article amended DOF 04-01-1980. Repealed DOF 30-11-2012
Article 866 . (Repealed).
Article amended DOF 04-01-1980. Repealed DOF 30-11-2012
Article 867 . (Repealed).
Article amended DOF 04-01-1980. Repealed DOF 30-11-2012
Article 868 . (Repealed).
Article amended DOF 04-01-1980. Repealed DOF 30-11-2012
Article 869 . (Repealed).
Article amended DOF 04-01-1980. Repealed DOF 30-11-2012
CHAPTER XVII
Ordinary procedure
Chapter added DOF 04-01-1980. Title of the Chapter amended DOF 01-05-2019.
Article 870 - The provisions of this chapter shall apply to ordinary proceedings and, insofar as applicable, to special proceedings.
The ordinary procedure shall apply in those individual and collective conflicts of a legal nature that do not have a special procedure in this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 870 Bis .- The parties may not invoke in any procedural stage, any antecedent related to the proposal, discussion, acceptance, rejection or recognition of facts and rights that have been made in the pre-judicial conciliation proceedings.
Article added DOF 01-05-2019
Article 871 - The ordinary proceeding shall commence with the filing of the writ of claim with the Office of the Parties or the Receiving Unit of the competent Court.
In the procedural acts of the written phase of the proceeding until before the preliminary hearing, the Court may be assisted in the issuance of resolutions or orders by an examining clerk, who may issue the following resolutions:
a) Admit or prevent the claim and, if necessary, correct it in accordance with labor regulations and the provisions of this Law;
b) Order notification to the defendant;
c) To order hearings, transfers and notifications;
d) Admit and, if applicable, provide for the evidence offered to prove the dilatory exceptions;
e) To issue precautionary measures, and
f) Any others that the judge may order.
An appeal for reconsideration may be filed orally at the preliminary hearing against the acts or omissions of the examining magistrate, which shall be resolved flatly, after hearing the parties by the judge in said hearing. If the appeal is well founded, the judge shall modify the challenged act as appropriate and shall provide the necessary measures to correct the challenged act or omission.
Article amended DOF 04-01-1980, 01-05-2019
Article 872 - The claim shall be formulated in writing, accompanied by as many copies of the same as there are defendants. In the event that the plaintiff is the employee and copies are missing, this shall not be cause for prevention, filing or dismissal. The Court shall correct such lack ex officio.
A. The complaint must be signed and state the following:
I. The court before which the lawsuit is filed;
II. The name and domicile of the plaintiff; the plaintiff may request to be notified in the electronic mailbox assigned by the Court of subsequent resolutions and decisions, including the judgment issued in the case;
III. The name, denomination or corporate name of the defendant, as well as its domicile. When the employee does not know the name of the employer or the name or corporate name of the establishment in which he/she works or worked, he/she must provide the information established in Article 712 of this Law; the employee may attach to his/her claim any information or element that he/she deems convenient to facilitate the location of the domicile of the defendant, such as location sketches, photographs of the property or a map showing its exact location;
IV. The benefits claimed;
V. The facts on which the petition is based;
VI. The list of evidence that the plaintiff intends to submit at trial, expressing the fact or facts that the plaintiff intends to prove with such evidence; and
VII. In case there is a previous lawsuit filed by the plaintiff against the same employer, he/she must inform it in the new lawsuit.
B. The following must be attached to the claim:
I. The certificate issued by the Conciliation Agency evidencing the conclusion of the pre-judicial conciliation proceeding without agreement between the parties, except for those cases in which such certificate is not required, as expressly established by this Law;
II. The documents evidencing the personality of its representative in accordance with article 692, section II, if the claim is filed through such representative, and
III. The evidence available to the plaintiff, accompanied by the elements necessary for its production. In the event that the plaintiff cannot directly provide any evidence that has the purpose of proving the facts on which he bases his claim, he must indicate the place where such evidence may be obtained and the proceedings whose practice he requests for the same purpose. The offer of evidence must comply with the provisions of Chapter XII of Title Fourteen of this Law.
Article amended DOF 04-01-1980, 01-05-2019
Article 873 - Within twenty-four hours following the filing of the claim, it shall be referred to the corresponding Court; if the claim is in accordance with the law, the Court shall issue the respective admission resolution within three days following its referral or after it has been remedied in accordance with the terms of the third paragraph of this Article.
Upon filing the claim, the Court will assign the plaintiff an electronic mailbox, providing him/her with a user name and password, through which he/she will be able to consult his/her file and review the resolutions issued therein.
When the plaintiff is the employee or his beneficiaries, if the Court notices any irregularity in the written claim or contradictory actions are filed or the base salary of the action has not been specified, it will point out the defects or omissions in the agreement and will warn the plaintiff so that he may correct them within a term of three days. Said agreement shall be notified personally to the plaintiff.
If the plaintiff does not remedy the claim within the term granted, the Court will remedy the omissions or irregularities based on the evidentiary material that the plaintiff accompanies his claim and in accordance with the labor rules.
Evidence additional to that offered in the complaint will not be received, except for those referring to facts related to the reply, provided that they are those of which the plaintiff had no knowledge when filing the complaint, as well as those offered to support objections made to the evidence of the other parties, or those referring to the objection of witnesses. The foregoing is without prejudice to the possibility of offering evidence on supervening facts.
The Court may only admit the extension of the claim in the event that in the answer to the claim new facts are asserted, of which the plaintiff was not aware at the time of filing the claim.
Article amended DOF 04-01-1980, 30-11-2012, 01-05-2019
Article 873-A .- Within five days after its admission, the Court shall summon the respondent, delivering to him a copy of the writ of admission and of the writ of claim, as well as of the evidence offered therein, so that he may produce his answer in writing within the following fifteen days, If the plaintiff fails to do so within such term, the motions of the plaintiff shall be deemed to be admitted, except for those that are contrary to the provisions of the law, and the right to offer evidence and, if applicable, to file a counterclaim shall be deemed forfeited. Likewise, it shall warn him that if he does not comply with the provisions of Article 739 of this Law, the subsequent personal notifications will be made by bulletin or by stratus, and if applicable by electronic mailbox, in accordance with the provisions of this Law.
A document evidencing the personality of the person appearing on behalf of the defendant must be attached to every answer to the claim.
The statement of defense must contain a clear and detailed statement of the facts, the legal grounds on which it is based, the exceptions and defenses that the defendant has in its favor, and must refer to each and every one of the facts alleged in the complaint, affirming or denying them, and stating those which it does not know when they are not its own, affirming or denying them, and expressing those he ignores when they are not his own, adding the statements he deems convenient and, if applicable, objecting to the evidence offered by the plaintiff, being warned that if he does not do so, he will be deemed to have lost the right to object to the evidence of his opposing party.
Silence and evasions shall be deemed to admit those facts on which there is no controversy, without proof to the contrary being admissible. The pure and simple denial of the right implies the confession of the facts. The confession of these does not imply the acceptance of the right. In case the defendant denies the employment relationship, he may deny the facts in a generic form, without being obliged to refer to each one of them.
All procedural defenses that the defendant may have must be asserted when answering the claim, and in no case will they suspend the proceeding; if they are opposed, only documentary and expert evidence will be admitted as evidence, except in the case of lis pendens and connexity, of which the evidence of inspection of the records may also be offered.
The plea of lack of jurisdiction does not exempt the defendant from answering the claim; if he does not do so and the Court declares itself to have jurisdiction, the plaintiff's petitions shall be deemed admitted, except for those that are contrary to the provisions of the law.
The same consequences will be borne by the defendant if the latter does not answer the claim or files it outside the term granted to do so, without prejudice to the fact that until before the preliminary hearing the defendant may offer evidence to the contrary to demonstrate that the plaintiff was not an employee or employer, that the dismissal did not exist or that the facts asserted by the plaintiff are not true.
The defendant must offer its evidence in the written answer to the claim, accompanying the respective copies so that the plaintiff may be served with them. Additional evidence will not be received unless it refers to facts related to the counter-reply, provided that they are those that the defendant had no knowledge of when answering the claim, as well as those that are offered to support objections made to the evidence of the other parties, or those that refer to the objection of witnesses. The foregoing is without prejudice to the possibility of offering evidence on supervening facts.
The evidence must be accompanied by all the elements necessary for its presentation, for which purpose the provisions of Chapter XII of Title Fourteen of this Law shall apply.
In the event that the defendant accepts the claim, the Court will summon the parties to the trial hearing, which will take place within a period not exceeding ten days, at which time the respective judgment will be rendered.
Once the answer to the claim has been filed, the Court will assign the defendant an electronic mailbox, providing him/her with the corresponding user name and password, by means of which he/she may consult his/her file and review the resolutions issued by the jurisdictional body.
If the Court admits the counterclaim, it shall summon the plaintiff by serving it with the counterclaim and with the evidence offered by the counterclaimant, so that within a term of fifteen days following its summons it may answer what corresponds to its rights and interests and offer evidence, and if appropriate, object to the evidence of the other party. If the employee does not answer the counterclaim, it shall be deemed to have answered denying the facts alleged in the counterclaim and the right to offer evidence shall be deemed to have been lost. The counterclaim shall follow the same rules established for the claim.
Article added DOF 01-05-2019
Article 873-B .- The Court shall send a copy of the answer to the claim and its annexes to the plaintiff so that within a period of eight days it may object to the evidence of its counterpart, formulate its reply and, if appropriate, offer evidence in relation to such objections and reply, attaching a copy of the copy of the answer to each party; in the event that evidence is offered, the plaintiff must also attach a copy of the same.
In the event that the employer makes the offer of work, the employee must make a statement on the matter when formulating his reply.
Article added DOF 01-05-2019
Article 873-C .- With the written reply and its annexes, the Court shall send a copy to the respondent, granting it a period of five days to formulate its counter-reply in writing and, if applicable, to object to the evidence offered with it. The respondent, upon filing its counter-reply, must attach a copy to be served on the plaintiff. In the event that the defendant offers evidence in relation to its counter-reply in accordance with the provisions of Article 873-A of this Law, it must also attach a copy of the same, so that the plaintiff may be served with it, and the plaintiff may state its interest within three days.
If the reply or counter-reply is not formulated within the time limit granted, the right shall be considered forfeited, as the case may be, and the proceeding shall continue.
Once the time periods indicated in the last two preceding paragraphs have elapsed, the Court shall set a date for the Preliminary Hearing, which shall be held within the following ten days.
Article added DOF 01-05-2019
Article 873-D - The parties may request that third parties who may be affected by the decision issued in the proceeding be summoned for trial, provided that they justify the need to summon them; for such purpose, they must provide their domicile, exhibit the necessary copies of the claim and, if applicable, of the answer, as well as of the documents exhibited by the parties, with which the third party must be served; if such requirements are not complied with, their right to request the summons shall be deemed forfeited.
The third party may attend the trial until before the preliminary hearing; otherwise it will be understood that he has no legal interest in the matter, being subject to the result of the trial.
The interested third party who attends the trial shall be a party thereto, and shall be subject to the procedural formalities set forth in this chapter.
The call to the interested third party must be made by the parties in the claim, answer, counterclaim or answer to the counterclaim, or when issuing the reply and counter-reply, as the case may be; the Court will agree on said request, which if admitted, will order the interested third party to be summoned so that within the following fifteen days, he may make his statements in writing, to which he must attach the evidence he deems pertinent according to the provisions of Article 780 of this Law, with sufficient copies of the transfer for the parties.
Article added DOF 01-05-2019
Section One
Preliminary Hearing
Section added DOF 01-05-2019
Article 873-E .- The purpose of the preliminary hearing is:
(a) To clear the proceeding and resolve the dilatory exceptions raised by the parties;
b) To establish the undisputed facts;
c) Admit or reject the evidence offered by the parties, as the case may be;
d) Summons for trial hearing;
e) Resolve the appeal for reconsideration against the acts or omissions of the examining secretary.
Article added DOF 01-05-2019
Article 873-F .- The preliminary hearing shall be conducted in accordance with the following:
I. The parties shall appear in person or by proxy before the Tribunal; in the event of appearing on their own behalf, they must be assisted by a licensed attorney or attorney at law with a professional license, or a law clerk, in order to guarantee their due defense.
If the parties do not appear by themselves or through their attorneys-in-fact, the judicial proceedings that take place in each stage shall be deemed to have been consented to and the procedural rights that should have been exercised in each of the stages of the hearing shall be precluded. The court shall determine the beginning and conclusion of each stage of the hearing;
II. The preliminary hearing shall be conducted with the appearance of the parties that are present at the beginning. Those who have not appeared at the opening of the hearing may do so at the time they appear, as long as the agreement closing the hearing has not been issued. If the parties do not appear, the hearing will be carried out with the elements available in the record;
III. The Tribunal shall examine the issues related to standing and shall resolve the procedural exceptions that have been asserted, in order to refine the procedure;
IV. The Tribunal shall define the facts that are not in dispute so that the evidence to be admitted is directed to the facts subject to debate;
V.The Court will then decide on the admission of the evidence offered by the parties, admit those that are related to the dispute and will dismiss those that are useless, irrelevant or unrelated to the facts in dispute, stating the reason for this; it will also establish the manner in which the evidence admitted for the trial hearing or that which will take place outside the premises of the Court must be prepared, when appropriate in accordance with the terms of this Law. The Court shall set the date and time for the holding of the trial hearing, which must be held within twenty days following the issuance of the respective agreement; if evidence is admitted to be presented outside the premises of the Court, it shall set the date and time in which the proceedings shall be carried out, providing in relation thereto;
VI. The preparation of the evidence shall be ordered by the Court, except for those that are in charge of the parties, for which reason the trial hearing shall not be deferred for lack of preparation, except in the case of an act of God or force majeure. The summons of the witnesses referred to in Article 813 of this Law shall be in charge of the offeror, unless for justified cause it must be made by personal notification, which shall be made at least three days prior to the hearing, not counting the day on which they receive the summons, nor the day of the hearing. The Court, at the request of the offeror, may issue official letters or subpoenas so that the offeror may deliver them at his own expense and under his responsibility, so that the evidence may be duly prepared and may be presented at the trial hearing;
VII. Only in exceptional cases, when due to the nature of the evidence admitted, the Court considers under its strictest responsibility that it is not possible to hear it in a single hearing, in the same resolution in which the evidence is admitted, it shall indicate the days and hours in which it shall be heard, even if they do not follow the order in which they were offered, trying to receive first the evidence of the plaintiff and then that of the defendant, and
VIII. If the parties agree on the facts and the controversy is reduced to a point of law, the investigation shall be declared closed and the case files shall be turned over for resolution.
Article added DOF 01-05-2019
Article 873-G .- The court shall issue the necessary writs and letters rogatory to obtain the reports or copies to be issued by any authority or to be exhibited by third parties outside the trial, which have been requested by the offeror, with the warnings indicated in this Law; it shall also dictate the necessary measures so that on the day of the hearing the evidence admitted may be presented, in accordance with the following:
a) In the case of authorities, the Court shall require them to send the documents or copies; if they fail to do so, the Court shall issue the appropriate measures of constraint, without prejudice to informing the hierarchical superior of the defaulting public servant and, if applicable, the competent control body, of the non-compliance, and
b) In the case of third parties, the Court shall issue the corresponding measures of constraint, until the required copies or documents are produced.
Article added DOF 01-05-2019
Section Two
Trial Hearing
Section added DOF 01-05-2019
Article 873-H .- The trial hearing shall be conducted with the appearance of the parties who are present at its opening. Those who have not appeared at the beginning of the hearing may intervene at the time they appear, provided that the judge has not terminated the hearing. If the parties do not appear, the hearing will be carried out with the elements available in the case file and the warnings previously issued to the parties will be enforced.
The judge will have the broadest powers to conduct the proceeding; he/she will verify the presence of the parties who appear at the hearing, as well as the witnesses and experts who will intervene; likewise, he/she will verify the availability of the documents to be exhibited and will moderate the development of the statements of those who intervene in the hearing; if applicable, he/she will analyze and qualify the evidence presented by the parties as supervening evidence for its admission or dismissal, as appropriate.
Article added DOF 01-05-2019
Article 873-I .- The Court shall open the phase for the presentation of evidence, in accordance with the following:
I. All evidence that has been duly prepared shall be presented, first the evidence of the plaintiff and then that of the defendant;
II. If any of the evidence admitted is not duly prepared and is in charge of the parties, it shall be declared deserted, unless there is a justified cause, in which case the judge shall set a new day and time for its examination within the following ten days; for such purpose, he shall take the appropriate measures and may make use of the measures of constraint he deems necessary to achieve the examination of the evidence admitted and avoid delaying the trial, and
III. The judge shall require the person appearing to give the corresponding evidence to identify himself with any official document; and, if he fails to do so at the time of the hearing, he shall be granted three days to do so, warning him that otherwise the corresponding statement shall be rendered null and void.
Article added DOF 01-05-2019
Article 873-J .- Once the presentation of evidence has been concluded, the clerk of the Court shall make the respective certification. In the event that the parties indicate that any evidence remains pending, the judge shall decide on the merits and, if he notices any omission in this respect, he shall order its disclosure. Once the foregoing has been done, the judge shall successively give the floor to the parties, so that they may formulate their arguments in a concise and brief manner.
Once the arguments of the parties have been heard, the Court shall declare the trial stage closed and shall issue the judgment at the same hearing, thus bringing the proceeding to an end. The text of the decision shall be made available to the parties at the same hearing. Only in exceptional cases and if so justified by the accumulation of disputed facts or evidence submitted, the Court shall issue a judgment within five days after the trial hearing has been held.
Article added DOF 01-05-2019
Article 873-K .- No appeal shall be allowed against the resolutions pronounced in the ordinary labor proceedings, except for the appeal for reconsideration against the acts of the examining clerk established in Article 871 of this Law. However, either ex officio or at the request of a party, the judge may correct any omissions or errors he may have made, or he may specify any point, even before issuing a judgment; likewise, he may clarify the judgment once it has been issued.
In accordance with the nature and purposes of labor law, the judge must assume a proactive performance, in which he permanently promotes the procedure, avoiding that the deficiencies or formal inconsistencies committed during its development transcend to the detriment of the parties causing their future delay, so that if he notices them, he will be able to correct them. At all times conciliation will be promoted as the privileged way for the solution of the conflict.
Article added DOF 01-05-2019
Article 874 .- The lack of notification of any or all of the defendants, obliges the Court to appoint ex officio a new day and time for the holding of the hearing, unless the parties attend the hearing or when the plaintiff withdraws from the actions brought against the defendants who have not been notified.
The parties who appear at the hearing will be notified of the new date for its celebration; those who were notified and did not attend will be notified by bulletin or on the Court's dockets; and those who were not notified will be notified personally.
Article amended DOF 04-01-1980, 01-05-2019
Article 875 .- Repealed.
Article amended DOF 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 876 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 877 . (Repealed).
Article amended DOF 28-04-1978, 04-01-1980. Repealed DOF 30-11-2012
Article 878 .- Repealed.
Article amended DOF 24-12-1974, 28-04-1978, 04-01-1980. Erratum DOF 30-01-1980. Amended DOF 30-11-2012.
Repealed DOF 01-05-2019
Article 879 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 880 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980. Erratum DOF 30-01-1980, Amended DOF 30-11-2012.
Repealed DOF 01-05-2019
Article 881 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980. Repealed DOF 01-05-2019
Article 882 . (Repealed).
Article amended DOF 28-04-1978, 04-01-1980. Repealed DOF 30-11-2012
Article 883 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 884 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 885 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 886 .- Repealed.
Article amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 887 .- Repealed.
Article amended DOF 23-12-1974, 28-04-1978, 04-01-1980. Repealed DOF 01-05-2019
Article 888 .- Repealed.
Article amended DOF 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
Article 889 .- Repealed.
Article amended DOF 04-01-1980. Repealed DOF 01-05-2019
Article 890 - Repealed.
Article amended DOF 24-12-1974, 04-01-1980. Repealed DOF 01-05-2019
Article 891 .- Repealed.
Article added DOF 24-12-1974. Amended DOF 28-04-1978, 04-01-1980, 30-11-2012. Repealed DOF 01-05-2019
CHAPTER XVIII
Special Procedure
Chapter added DOF 04-01-1980. Title of the Chapter amended DOF 01-05-2019.
Article 892 - The provisions of this Chapter govern the processing of disputes arising from the application of Articles 5o. Section III; 28, Section III; 151; 153-X; 158; 162; 204, Section IX; 209, Section V; 210; 236, Sections II and III, 484, 503 and 505 of this Law, as well as the conflicts that have as their object the collection of benefits that do not exceed the amount of three months' wages, the designation of beneficiaries of the deceased worker, regardless of the cause of death, or disappeared due to a criminal act, and the conflicts in matters of social security.
Article added DOF 04-01-1980. Erratum DOF 30-01-1980. Amended DOF 01-05-2019
Article 893 - The writs of claim and answer shall comply with the requirements referred to in Articles 872 and 873-A of this Law, as applicable.
Once the Court admits the claim with the required documents and copies, the defendant will be notified and must reply in writing within ten days from the date of the summons, and may object to the evidence of the plaintiff, with the warning that if he fails to do so, the plaintiff's requests will be deemed admitted.
The plaintiff shall be served with a copy of the statement of defense and its annexes so that within three days it may file a reply and object to the evidence of the other party. Once this has been done, the respondent will be notified so that it may file its counter-reply within the same term.
In these procedures, the online substantiation will be privileged, unless it is materially impossible to do so and without detriment to the rights of the workers, insured parties and their beneficiaries.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 894 .- Once the reply and counter-reply have been formulated or once the terms for such have elapsed, within the following fifteen days, the Court shall issue the purging order, which shall deal with the aspects that are the object of the preliminary hearing in terms of Article 873-E of this Law. This action shall be issued in writing outside the hearing, and may not be delegated to the examining clerk. The Court may use the videoconference system in order to formulate the preventions and clarifications that may be necessary to issue the purging order.
When the matter so requires due to the complexity of the points in dispute, the exceptions proposed or the preparation of the evidence, the Court shall summon a preliminary hearing within ten days following the expiration of the time periods for the reply and counter-reply. The preliminary hearing shall be held in accordance with the provisions of Article 873-F.
When the controversy is reduced to points of law, or when the only evidence admitted is documentary evidence, and such evidence has already been submitted without objection, the Court shall grant the parties a period of five days to formulate written arguments, after which it shall render judgment, without holding a trial hearing.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 895 - The trial hearing shall be conducted under the terms provided for ordinary proceedings.
Amended paragraph DOF 01-05-2019
In special proceedings, the provisions of Chapters XII and XVII of this Title shall be observed, insofar as applicable.
Paragraph added DOF 01-05-2019
I. Repealed.
Section repealed DOF 01-05-2019
II . Repealed.
Section repealed DOF 01-05-2019
III . Repealed.
Section repealed DOF 01-05-2019
IV . Repealed.
Section repealed DOF 01-05-2019
Article added DOF 04-01-1980
Article 896 - For the application of Article 503 of the Federal Labor Law, with the filing of the lawsuit the Court will initiate the investigations referred to in that precept; for this purpose it will request the employer to provide it with the names and addresses of the beneficiaries registered before it and in the official institutions; it may also order the practice of any diligence, or use the means of communication it deems pertinent, to summon all the persons who were economically dependent on the deceased worker to exercise their rights before the Court.
If there is a dispute between the interested parties, the Tribunal shall summon the preliminary hearing.
The Court will issue its decision taking into account the arguments and evidence provided by the persons who exercised rights derived from the benefits generated by the deceased worker.
Article added DOF 04-01-1980. Erratum DOF 30-01-1980. Amended DOF 01-05-2019
Article 897 .- The processing and resolution of the collective conflicts referred to in Articles 389; 418; 424, section IV; 427, sections I, II and VI; 434, sections I, III and V; and 439 of this Law, as well as the cases of violations of fundamental rights in collective matters that attempt against the freedom of association, freedom of association, the right to collective bargaining, or challenging procedures for the election of union officers, or union sanctions that limit the right to vote and be voted, will be resolved through the Special Collective Procedure provided for in Articles 897-A to 897-G of this Law.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 897-A .- The writs of claim and answer shall be filed before the competent Court and must comply with the requirements referred to in Articles 872 and 873-A of this Law, as applicable.
The conflicts between unions referred to in Articles 389 and 418 of this Law will be resolved only through the consultation of the workers, who will express their will through personal, free, direct and secret vote, and therefore cannot be the subject of negotiation as they are essential elements of democracy and human rights linked to it. In these cases and in the case of violations of fundamental rights in collective matters that threaten the freedom of association, freedom of association or the right to collective bargaining, or when the election procedures of the union leadership are challenged, it will not be necessary to go to the preliminary conciliation or to exhibit the corresponding proof in order to file the lawsuit.
Claims unrelated to the purpose of this proceeding may not be accumulated in this proceeding; if they are claimed, the rights of the parties shall be preserved so that they may exercise them in the corresponding proceeding.
Article added DOF 01-05-2019
Article 897-B .- Once the Court admits the claim with the required documents and copies, the defendant shall be served, who shall answer it in writing within ten days following the date of the summons, covering the requirements set forth in Article 873-A of the Law and objecting to the evidence of the plaintiff, being warned that failure to do so shall be subject to the provisions of said legal precept. In the conflicts of ownership of the collective bargaining agreement, the acquiescence to the claim will not prevent the continuation of the proceeding.
The plaintiff shall be served with a copy of the answer to the claim and its annexes so that within a term of three days it may file a reply and object to the evidence of its counterpart. Once this has been done, the respondent will be notified so that within the same period of time it may file its counter-reply. Once the reply and counter-reply have been formulated or once the terms for such purpose have elapsed, an order shall be issued setting a date for the trial hearing, which must be held within the following five days, except as provided in Article 897-F of this Law.
In the same order, the judge will clarify the procedure and, if applicable, will resolve the procedural exceptions that may have been filed; likewise, he will admit or reject the evidence, as the case may be. The judge will also determine the manner of preparation of the evidence and will order the issuance of the corresponding official letters or summons as provided in Chapter XII of Title Fourteen of this Law.
Article added DOF 01-05-2019
Article 897-C .- The trial hearing shall be conducted in the following manner:
I. The judge shall open the evidence phase;
II. The evidence admitted and prepared shall be presented before the judge. The hearing shall not be suspended or deferred in any case for lack of preparation of the evidence admitted, except for justified cause; in the case of the recount evidence, a day, time and place shall be set for its performance, and
III. Once the evidence has been presented, the parties shall present oral arguments; the judge shall then declare the trial stage closed and suspend the hearing, summoning the parties to hear the sentence within three days thereafter.
Article added DOF 01-05-2019
Article 897-D .- The judge shall render his decision taking into account the pleadings and evidence submitted by the parties.
Article added DOF 01-05-2019
Article 897-E .- In the sentence reading session, the Judge shall orally and briefly state the considerations and reasons for his decision; he shall read only the operative paragraphs, leaving a copy of the sentence at the disposal of the parties, and shall close the trial hearing, thus ending the proceeding.
No appeal shall be allowed against the resolutions pronounced in the special collective procedure. However, ex officio or at the request of a party, any omissions or irregularities may be corrected for the sole purpose of regularizing the procedure.
Article added DOF 01-05-2019
Article 897-F .- If a recount of the workers is offered, in order to prepare for its conduct by personal, free, direct and secret ballot, the Tribunal shall carry out the following steps:
I . In order to define the workers who have the right to vote, within two days following the receipt of the demand, it shall require:
a) To the Mexican Social Security Institute or homologous social security institution, the Tax Administration Service, the National Workers' Housing Fund Institute and other authorities that by the nature of their activity may have information on the workers of the work center, the necessary information in order to prepare the census that will serve as the basis for the recount test; this information shall cover the period of three months prior to the date of filing of the claim;
b) To the employer, so that under oath, it informs the name of all its employees, distinguishing between trust, unionized and unionized employees, in addition to specifying their position, salary and date of entry. Likewise, it will indicate the names of the workers who have started working, have been dismissed or have stopped rendering their services three months prior to the date of the filing of the lawsuit, and will attach a copy of the collective bargaining agreement;
c) To the Centro Federal de Conciliación y Registro Laboral, the documentation and information related to the registration of the collective bargaining agreement or the administration of the contract-law, tabulators, lists of workers affiliated to the contending unions and all other information in its possession.
This information must be delivered to the Tribunal within five days. A copy of the same shall be sent to the parties so that within seven days they may formulate objections to the reports received and the lists of workers, as well as to offer, as the case may be, any evidence they may have to support their objections;
II. Once the objections have been received or the term for such purpose has elapsed, the Tribunal shall summon the parties within the following three days to an incidental hearing on objections and preparation for the recount. At such incidental hearing, the Tribunal shall decide on the admission and production of the documentary evidence offered by the parties.
Once the documentary evidence has been presented, within seven days following the issuance of the respective resolution, the Court will prepare the list that will serve as the basis for the recount, and will indicate the place, date and time, as well as the conditions under which the recount of the workers will be carried out by personal, free, direct and secret vote, in accordance with the procedure established in Article 390 Bis, section II, paragraphs c) to j) of this Law, with the modalities contemplated in this Article; in said agreement the judge shall empower the officer or officers or personnel who shall carry out the recount procedure.
The judge shall ensure that the recount procedure is carried out within the terms and time limits established in this article and that the objections presented do not imply the delay of the procedure;
III. The Tribunal shall serve the parties with the authorized list and with the agreement ordering the recount to be carried out, and
IV. Once the recount has been completed, the Court shall summon the parties to the trial hearing provided for in Article 897-C of this Law, which shall be held no later than five days thereafter.
Article added DOF 01-05-2019
Article 897-G .- In the case of conflicts between unions referred to in Articles 389 and 418 of this Law, if in the course of the proceeding the interference of the employer in favor of any of the disputing unions or the commission of acts of violence by some of the parties is noticed, the Judge shall take the necessary measures so that the exercise of the vote of the workers is carried out with full freedom and security, regardless of the fact that the corresponding criminal and administrative authorities are informed of the facts for their sanction.
Article added DOF 01-05-2019
Article 898 .- Repealed.
Article added DOF 04-01-1980. Repealed DOF 01-05-2019
Article 899 .- Repealed.
Article added DOF 04-01-1980. Repealed DOF 01-05-2019
Section One
Individual Social Security Disputes
Section added DOF 30-11-2012
Article 899-A . Individual social security disputes are those whose purpose is to claim the granting of benefits in cash or in kind, derived from the various insurance policies comprising the mandatory Social Security system, organized and administered by the Mexican Social Security Institute, and those that, in accordance with the Social Security Law and the Law of the National Workers' Housing Fund Institute, must be covered by the National Workers' Housing Fund Institute and the Retirement Fund Administrators, as well as those that are applicable by virtue of collective bargaining agreements or contracts-laws containing social security benefits.
Jurisdiction to hear these disputes, by reason of territory, will correspond to the Court of the place where the clinic of the Mexican Social Security Institute to which the insured or their beneficiaries are attached is located.
Amended paragraph DOF 01-05-2019
In the event that only benefits related to the return of retirement and housing funds are claimed, the federal court of the federal entity where the beneficiary's last place of employment is located will have jurisdiction.
Amended paragraph DOF 01-05-2019
Article added DOF 30-11-2012
Article 899-B . Individual social security disputes may be brought by:
I. Workers, insured persons, pensioners or their beneficiaries, who are holders of rights derived from the insurance policies included in the mandatory Social Security system;
II. Workers who are holders of rights derived from the Fondo Nacional de la Vivienda para los Trabajadores or their beneficiaries;
III. The holders of the individual accounts of the Retirement Savings System of the workers subject to this Law or their beneficiaries; and
IV. Workers to whom the collective bargaining agreements or contracts-Law containing social security benefits are applicable.
Article added DOF 30-11-2012
Article 899-C . Lawsuits relating to the conflicts referred to in this section, shall contain:
I. Name, address and date of birth of the petitioner and the documents proving his personality;
II. Statement of the facts and causes giving rise to your claim;
III. The claims of the plaintiff, clearly stating what is being requested;
IV. Name and address of the companies or establishments in which he/she has worked; positions held; activities performed; seniority generated and contributions to the social security system;
V . Social security number or identification reference as insured, pensioner or beneficiary, clinic or family medicine unit assigned;
VI. If applicable, the last statement of the individual retirement savings account, proof issued by the Mexican Social Security Institute of granting or denial of pension, or proof of granting or denial of housing credit;
VII . The documents issued by the employers, the Mexican Social Security Institute, the National Workers' Housing Fund Institute and the corresponding Retirement Fund Administrator or, as the case may be, the acknowledgement of receipt of their request and, in general, the necessary information that guarantees the substantiation of the proceeding in accordance with the principle of immediacy;
VIII . Such other evidence as it may deem convenient to prove its claims; and
IX . The necessary copies of the claim and its annexes, to be sent to the opposing party.
Article added DOF 30-11-2012
Article 899-D . The social security agencies, in accordance with the provisions of Article 784, must exhibit the documents that, in accordance with the Laws, they are legally obliged to issue and keep, under the warning that if they do not present them, the facts alleged by the claimant will be presumed to be true. In any case, it is the responsibility of the social security agencies to prove their statements when there is a controversy regarding the following:
I. Date of enrollment in the social security system;
II. Number of weeks contributed in the insurance branches;
III . Average salary contribution of the promoters;
IV . Statement of housing and retirement contributions of the insured;
V . Dispositions or withdrawals of the insured, on the resources of the accounts;
VI. Granting of pensions or indemnities;
VII . Validity of rights; and
VIII . Partial payments granted to policyholders.
Article added DOF 30-11-2012
Article 899-E .- The procedure shall observe the provisions of the first section of this chapter, and in cases in which benefits derived from occupational hazards or general illnesses are claimed, the procedure shall also be subject to the following rules:
Amended paragraph DOF 01-05-2019
When the issues raised in the claim require the appointment of experts, the preliminary hearing shall be summoned, and the summons shall designate the official medical expert or experts deemed necessary, without prejudice to the possibility that the parties may be accompanied by an advisor to assist them in the interrogation.
Amended paragraph DOF 01-05-2019
The opinions must contain:
I . Details of the identification and accreditation of the medical profession of each of the experts;
II. Identification data of the plaintiff, specifying the document with which his identity was proved;
III. Diagnosis of the claimed conditions;
IV. In the case of qualification and valuation of occupational risks, the reasoning to determine the cause and effect relationship between the specific activity performed by the worker and the state of disability whose qualification or valuation is determined;
V . The means of conviction on which the conclusions of the expert's report are based, including reference to the medical studies to which the employee has been submitted; and
VI. If applicable, the percentage of valuation, of functional organic decrease, or the determination of the state of disability.
The Court shall take the necessary measures so that the designated official medical expert or experts accept and protest the position conferred within the five days following the holding of the preparatory hearing, who shall indicate to the Court in a justified manner, the necessary requirements for the issuance of the expert opinion and, if applicable, for the determination of the causal link, in the case of occupational hazards.
Amended paragraph DOF 01-05-2019
The Court will notify the official expert or experts and will dictate the measures it considers pertinent to expedite the issuance of the expert opinions and will require the employee to appear for the performance of the medical studies or procedures required by the expert or experts.
Amended paragraph DOF 01-05-2019
Within thirty days following the holding of the preparatory hearing, the Court shall set a date and time for the trial hearing, at which the expert report(s) shall be received with the summons of the parties, with the warning that if they do not appear, their right to formulate cross-examinations or observations shall be considered lost.
Amended paragraph DOF 01-05-2019
If the plaintiff does not attend the proceedings ordered by the Court, or if he abandons the medical studies or proceedings ordered, the lack of interest shall be recorded, in order to decree the desertion of the evidence, except for the justified causes referred to in Article 785 of this Law.
Amended paragraph DOF 01-05-2019
The Court shall apply to the experts the measures of constraint established in this Law, in order to guarantee the timely issuance of the report.
Amended paragraph DOF 01-05-2019
The parties in the hearing of the medical expert evidence, by themselves or through a medical specialist, may formulate the observations or questions that they deem convenient in relation to the considerations and conclusions of the medical expert evidence.
Amended paragraph DOF 01-05-2019
The Court may put questions to the expert or experts appearing at the hearing.
Amended paragraph DOF 01-05-2019
The Court will determine whether the causal link between the specific activity carried out by the worker and the work environment indicated in the claim, as well as the occupational origin of the alleged occupational hazard, was accredited in order to classify it as such.
Amended paragraph DOF 01-05-2019
The Court may request from the authorities, public institutions and decentralized agencies any information they may possess that may contribute to the clarification of the facts; it may also request medical studies from public or private health institutions; it may conduct all kinds of consultations and inspections in the companies or establishments in which the worker has worked and, if necessary, it will be assisted by the opinion of experts in other matters.
Amended paragraph DOF 01-05-2019
The social security institutions must make available to the courts a computer platform that allows access to their databases so that the court is in a position to clarify the disputed facts.
Paragraph added DOF 01-05-2019
In the execution of the sentence the parties may agree on the modalities of its fulfillment.
Amended paragraph DOF 01-05-2019
In the presentation of the medical expert evidence, the provisions of Articles 822, 823, 824, 824 Bis, 825 and 826 shall be applied insofar as they do not oppose the provisions of this Article.
Paragraph added DOF 01-05-2019
Reform DOF 01-05-2019: Repealed the then third, fourth and fifth paragraphs of the article.
Article added DOF 30-11-2012
Article 899-F .- The medical experts who intervene in disputes related to the qualification and valuation of occupational hazards and general illnesses, must be registered in the registry of the Federal Court as official experts in accordance with the provisions of Article 899-G.
Amended paragraph DOF 01-05-2019
For this purpose, medical experts must meet the following requirements:
I. Be legally authorized and qualified to practice the medical profession;
II. To enjoy a good reputation;
III . To have three years of professional experience related to occupational medicine;
IV . Not to have been convicted of an intentional crime punishable by death; and
V . Observe the provisions of Article 707 of this Law, as well as the provisions of the Federal Law of Administrative Responsibilities of Public Servants, with respect to the causes of impediment and excuse.
If during a period of six months any of the medical experts fails on more than three occasions to submit the required medical reports in a timely manner, without just cause, in the opinion of the Tribunal, he/she shall be removed from the registry of medical experts and may not be reinstated until two years have elapsed, counted from the date of removal.
Amended paragraph DOF 01-05-2019
Article added DOF 30-11-2012
Article 899-G .- The Council of the Federal Judiciary will form a body of official medical experts specialized in occupational medicine and related areas who will be attached to the Federal Judiciary. In the event that the workload or the level of specialization so requires, the public institutions that provide health services shall designate the medical experts requested by the Court, under the terms of the corresponding Regulations, guaranteeing that the designated physician has no conflict of interest.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
CHAPTER XIX
Proceedings in Collective Economic Disputes
Chapter added DOF 04-01-1980
Article 900 - Collective conflicts of an economic nature are those whose purpose is the modification or implementation of new working conditions, or the suspension or termination of collective labor relations, unless another procedure is specified in this Law.
Article added DOF 04-01-1980
Article 901 .- In the processing of the conflicts referred to in this chapter, the Courts shall seek, above all, that the parties reach an agreement. To this end, they may attempt conciliation at any stage of the proceedings, provided that the decision ending the conflict has not been issued.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 902 - The exercise of the right to strike suspends the processing of collective disputes of an economic nature pending before the Tribunal and the processing of any applications filed, unless the workers state in writing that they agree to submit the dispute to the decision of the Tribunal.
The provisions of the preceding paragraph are not applicable when the purpose of the strike is that set forth in Article 450, Section VI.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 903 .- Collective disputes of an economic nature may be brought by the workers' unions holding collective bargaining agreements, by the majority of the workers of a company or establishment, provided that the professional interest is affected, or by the employer or employers, by means of a written demand, which must contain:
I. Name and domicile of the person promoting and the documents that justify his personality;
II. Statement of the facts and causes that gave rise to the conflict; and
III. The claims of the plaintiff, clearly stating what is being requested.
Article added DOF 04-01-1980
Article 904 - The plaintiff, as the case may be, shall attach the following to the claim:
Erratum to paragraph DOF 30-01-1980
I. Public or private documents that tend to prove the economic situation of the company or establishment and the need for the measures requested;
II . The list of the workers who render their services in the company or establishment, indicating their names, surnames, job held, salary received and seniority in the job;
III . An opinion formulated by the expert regarding the economic situation of the company or establishment;
IV . The evidence that it deems convenient to prove its claims; and
V . The necessary copies of the claim and its annexes, to be sent to the opposing party.
Article added DOF 04-01-1980
Article 905 - The Court, immediately after receiving the claim, shall order the defendant to be summoned to answer within fifteen days.
The statement of defense must meet the same requirements as those required for the claim, including, if applicable, the objection of evidence of the opposing party, the procedural exceptions and the evidence with which these are accredited.
With the answer, the plaintiff shall be given a hearing so that within five days it may state its position and, if applicable, object to the evidence of the defendant. If the plaintiff objects to the evidence, it must offer the relevant means of proof.
Once the hearing has been dismissed or the time limit for the hearing has expired, the Court shall summon the parties to a hearing to be held within the following twenty-five days.
In the order setting the date and time for the holding of the hearing, the Court shall rule on the admission of evidence offered by the parties, ordering its examination within said hearing.
The expert evidence shall be rendered by official experts, who shall accept the position within three days following the date of their appointment.
The report of the official experts must be submitted at least ten days prior to the date of the hearing so that a copy thereof may be sent to the parties so that they may make any objections and allegations they deem appropriate in writing, which they must do within five days following its receipt. Each party may appoint one or more experts to join those appointed by the Tribunal or to render their report separately.
The workers and the employers may appoint two commissions composed of the number of persons determined by the Court, to accompany the experts in the investigation and to indicate to them the observations and suggestions they deem appropriate.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 906 - The hearing shall be conducted in accordance with the following rules:
I. If the plaintiff does not attend the hearing, he shall be deemed to have withdrawn his request;
II . If the opposing party does not attend, he shall be deemed not to be in agreement with any settlement. The plaintiff shall state the facts and causes that gave rise to the conflict and shall ratify his petition;
III. If both parties are present, the Tribunal, after hearing their arguments, shall urge them to seek a conciliatory settlement. The members of the Tribunal may make such suggestions as they deem appropriate for the settlement of the dispute;
Reformed fraction DOF 01-05-2019
IV. If the parties reach an agreement, the conflict shall be terminated. The agreement, approved by the Court, will produce all the legal effects inherent to a judgment;
Reformed fraction DOF 01-05-2019
V . If an agreement is not reached, the parties shall make a statement of the facts and causes that gave rise to the conflict and shall formulate their petitions, and those which, due to their nature, cannot be presented, shall be given a date and time to do so;
VI. Once the presentations of the parties have been concluded and their motions have been formulated, the evidence admitted shall be presented; and
Section amended DOF 01-05-2019
VII. Once the evidence has been disclosed, the parties will be granted the right to speak in order to formulate brief arguments and the case will be declared ready for judgment.
Section amended DOF 01-05-2019
VIII. Repealed.
Section repealed DOF 01-05-2019
Article added DOF 04-01-1980
Article 907 - The experts appointed by the Court shall satisfy the following requirements:
Amended paragraph DOF 01-05-2019
I . Be Mexicans and be in full exercise of their rights;
II . Be legally authorized and qualified to practice the technique, science or art on which the expertise is based, except in cases where authorization is not required, but they must have the knowledge of the subject matter in question; and
III . Not having been convicted of an intentional crime.
Article added DOF 04-01-1980
Article 908 .- Repealed.
Article added DOF 04-01-1980. Repealed DOF 01-05-2019
Article 909 - The Court, in aid of the parties, may act with the greatest extent so that the appointed experts may carry out the investigations and studies they deem convenient, and may act with the greatest extent, having, in addition to those inherent to their performance, the following faculties:
Amended paragraph DOF 01-05-2019
I . To request all kinds of reports and studies from the authorities and from official, federal or state institutions and from private individuals dealing with economic problems, such as social and economic research institutes, trade union organizations, chambers of commerce, chambers of industry and other similar institutions;
II. To conduct all kinds of inspections in the company or establishment and to review its books and documents; and
III . Examine the parties and persons related to the workers or the company that they deem convenient.
Article added DOF 04-01-1980
Article 910 - The expert's report shall contain, at least:
I. The facts and causes that gave rise to the conflict;
II . The relationship between the cost of living per family and the wages received by workers;
III. The average wages paid in companies or establishments of the same branch of industry and the general working conditions in force therein;
Erratum to the section DOF 30-01-1980
IV. The economic conditions of the company or companies or establishment or establishments;
V. The general condition of the industry of which the enterprise or establishment is a part;
VI . General market conditions;
VII . Statistical indexes that tend to clarify the national economy; and
VIII . The manner in which, in their opinion, the conflict may be resolved.
Article added DOF 04-01-1980
Article 911 - The expert's report shall be added to the file and a copy shall be delivered to each of the parties.
The Clerk shall record in the case file the date and time of delivery of the copies to the parties, or of their refusal to receive them.
Article added DOF 04-01-1980
Article 912 .- In the event that the parties formulate objections to the official expert opinion, the Court shall summon to an incidental hearing of objections to the official expert opinion within three days after receiving said objections. The experts must attend this hearing to answer the questions formulated by the parties and, in relation to the expert reports rendered, evidence may be offered to prove the falsity or inconsistency of the facts and considerations contained in the report.
In view of the nature of this type of trial, the hearing in question should be extended for the time necessary to give the parties the opportunity to exhaustively question the experts and to present the evidence they offer to prove their objections.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 913 - The Court has the broadest powers to take such steps as it deems appropriate in order to complete, clarify or specify the matters analyzed by the experts, as well as to request new reports from the authorities, institutions and individuals referred to in Article 909, Section I of this Chapter, to question the experts or ask them for any complementary opinion or to appoint commissions to carry out special investigations or studies.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 914 - The authorities, institutions and individuals referred to in the preceding articles are obliged to provide the reports, answer the questionnaires and render the statements requested of them.
Article added DOF 04-01-1980
Article 915 .- Repealed.
Article added DOF 04-01-1980. Repealed DOF 01-05-2019
Article 916 .- Once the investigation is declared closed, the Court shall issue a sentence within the following thirty days, which shall contain:
Amended paragraph DOF 01-05-2019
I. An excerpt of the parties' pleadings and motions;
II . An extract of the expert's report and any observations made by the parties;
III. An enumeration and evaluation of the evidence and the proceedings carried out by the Court;
Reformed fraction DOF 01-05-2019
IV. An excerpt of the pleadings; and
V . It shall indicate the reasons and grounds that may serve for the solution of the conflict.
Article added DOF 04-01-1980
Article 917 .- Repealed.
Article added DOF 04-01-1980. Repealed DOF 01-05-2019
Article 918 .- Repealed.
Article added DOF 04-01-1980. Repealed DOF 01-05-2019
Article 919 .- The Court, in order to achieve balance and social justice in the relations between workers and employers, in its resolution may increase or decrease the personnel, the workday, the work week, wages and, in general, modify the working conditions of the company or establishment, without in any case being able to reduce the minimum rights set forth in the laws.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
CHAPTER XX
Strike Procedure
Chapter added DOF 04-01-1980
Article 920 - The strike procedure shall be initiated by the presentation of the list of demands, which must meet the following requirements:
I . It shall be addressed in writing to the employer and shall state the demands, announce the intention to go on strike if they are not satisfied, express specifically the purpose of the strike and indicate the day and time on which the work will be suspended, or the pre-strike term;
II. It shall be submitted in duplicate to the competent Court. If the company or establishment is located in a place other than that in which the Court resides, the writ may be presented to the nearest jurisdictional body or to the highest political authority of the place where the company or establishment is located. The organ or authority that issues the summons shall forward the file, within the following twenty-four hours, to the competent Court; and shall notify it by telephone, or by any electronic means;
Reformed fraction DOF 01-05-2019
III . The notice for the suspension of work must be given at least six days prior to the date set for the suspension of work and ten days prior in the case of public services, observing the legal provisions of this Law. The term will be counted as of the day and hour in which the employer is notified.
IV. When the purpose of the strike procedure is to obtain from the employer or employers the execution of the collective bargaining agreement in terms of Article 450, Section II of this Law, the Certificate of Representativeness issued by the Federal Center for Labor Conciliation and Registration must be attached to the strike call, in accordance with the procedure established in Article 390 Bis;
Fraction added DOF 01-05-2019
V. When the purpose of the strike proceeding is to obtain from the employer or employers the execution of the contract-law in terms of Section III of Article 450 of this Law, the strike call must be accompanied by the Certificate of Representativeness issued by the Federal Center for Labor Conciliation and Registration, or it must be mentioned that a collective bargaining agreement has been executed in the company, indicating the number or folio of its registration before the Federal Center for Labor Conciliation and Registration, and
Fraction added DOF 01-05-2019
VI. When the purpose of the strike procedure is those contemplated in Sections I, IV, V, VI or VII of Article 450 of this Law, as well as that contemplated in Section II of said Article with respect to the contractual review, in order to prove that the union issuing the notice is the holder of the collective bargaining agreement or the administrator of the legal contract, the Certificate of Registration of the collective bargaining agreement issued by the Federal Center for Labor Conciliation and Registration or the acknowledgement of receipt of the letter requesting said Certificate must be attached to the notice to strike.
Fraction added DOF 01-05-2019
Article added DOF 04-01-1980
Article 921 - The Court or the authorities mentioned in section II of the preceding article, under their strictest responsibility, shall send the employer a copy of the writ of summons within forty-eight hours following its receipt.
Amended paragraph DOF 01-05-2019
The notification shall have the effect of constituting the employer, for the entire term of the notice, as depositary of the company or establishment affected by the strike, with the powers and responsibilities inherent to the position.
At the request of a party, the Courts, within forty-eight hours after it is requested to do so, will issue a certification of the existence or not of a strike summons filed against a work center.
Paragraph added DOF 01-05-2019
Article added DOF 04-01-1980
Article 921 Bis .- Within twenty-four hours following the filing of the notice to strike, the Court or the authorities mentioned in Section II of Article 920 of this Law shall notify the competent Conciliation Center to intervene during the pre-strike period in order to conciliate the parties; the latter shall have the power to summon them within the pre-strike period to negotiate and hold conciliatory talks. For this purpose, they may assign conciliators to the Tribunal.
Article added DOF 01-05-2019
Article 922 - The employer, within forty-eight hours following the notification, shall file a written answer before the Court.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 923 - A notice to strike shall not be processed when it is not formulated in accordance with the requirements of Article 920 or is filed by a union that is not the holder of the collective bargaining agreement, or the administrator of the contract law, or when it is intended to demand the signing of a collective bargaining agreement, notwithstanding the existence of one already filed with the Federal Center for Labor Conciliation and Registration, unless such agreement has not been revised within the last four years. The Court, before initiating the processing of any strike summons, must ascertain the foregoing and notify the plaintiff in writing of the resolution.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 924 .- As of the notification of the list of demands with strike summons, any execution of any sentence shall be suspended, as well as any seizure, securing, diligence or eviction against the company or establishment, or seizure of goods from the premises where they are installed, except when, before the strike breaks out, it is a question of:
I . Insure the employee's rights, especially indemnities, salaries, pensions and other accrued benefits, up to the amount of two years of the employee's salaries;
II . Credits derived from non-payment of contributions to the Mexican Social Security Institute;
III . To ensure the collection of the contributions that the employer is obliged to make to the Instituto del Fondo Nacional de la Vivienda de los Trabajadores (National Workers' Housing Fund Institute).
IV . Other tax credits.
The rights of the workers will always be given preference over the credits referred to in sections II, III and IV of this precept, and in any case the actions related to the cases of exception indicated in the previous sections will be carried out without affecting the strike procedure.
Article added DOF 04-01-1980
Article 925 .- For the purposes of this Chapter, public utilities are understood to be those of communications and transportation, light and electric energy, cleaning, use and distribution of water for the service of the population, gas, sanitation, hospitals, cemeteries and food, when they refer to articles of basic necessity, provided that in the latter case a complete branch of the service is affected.
Article added DOF 04-01-1980
Article 926 .- The Court shall summon the parties to a conciliation hearing to be held within the pre-strike period, in which the conciliator of the competent Conciliation Center may intervene to try to reach a compromise. No statement shall be made at this hearing that prejudges the existence or non-existence, justification or unjustification of the strike. This hearing may be deferred at the request of the union or of both parties.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 927 - The conciliation hearing shall conform to the following rules:
I. If the employer raised the objection of lack of standing when answering the list of demands, the Tribunal will previously resolve this situation and, if it is declared unfounded, the hearing will continue with the hearing;
Reformed fraction DOF 01-05-2019
II . If the workers do not attend the conciliation hearing, the term for the suspension of work shall not run;
III. The Tribunal may use the means of compulsion to force the employer to attend the conciliation hearing;
Reformed fraction DOF 01-05-2019
IV . The effects of the notice referred to in Article 920 section II of this Law shall not be suspended by the conciliation hearing or by the employer's default in attending it.
V. After the employer has been summoned, at the request of the union, the pre-strike period may be extended or extended for one single occasion for up to thirty days. In the case of companies or institutions that depend on public resources, it may be extended for a longer period. Likewise, additional extensions may be admitted when, in the opinion of the Tribunal, there is cause to justify it.
In the event that the initial collective bargaining agreement or the agreement for the revision of the collective bargaining agreement is not approved by the workers in terms of the provisions of Article 390 Ter, Section II, the union may extend the pre-strike period for up to fifteen days. Notwithstanding, when the circumstances so warrant, the Court may authorize that the extension be extended for a maximum of thirty days, provided that the union so requests and justifies at the time of the extension.
Notwithstanding the foregoing, the parties by mutual agreement may extend the pre-strike period in order to reach a conciliatory agreement; however, the extension may not have a duration that affects the rights of third parties.
Fraction added DOF 01-05-2019
In the case of a strike call due to the signing of a collective bargaining agreement for a specific work, the pre-strike period may not exceed the term of the work.
Paragraph added DOF 01-05-2019
Article added DOF 04-01-1980
Article 928 - The following rules shall be observed in the proceedings referred to in this chapter:
I. Repealed.
Section repealed DOF 01-05-2019
II . The general rules with respect to the terms for making notifications and summons shall not be applicable. Notifications shall be effective as of the day and time they are made;
III . All days and hours shall be working days and hours. The Tribunal shall have permanent guards for this purpose;
Reformed fraction DOF 01-05-2019
IV . Neither the Tribunal nor the conciliator of the Conciliation Center may be denounced, nor will any other motions be admitted other than that of lack of standing, which may be filed by the employer, in the written answer to the summons, and by the workers, within forty-eight hours following the time they become aware of the first motion of the employer. The Court will issue a decision within twenty-four hours following the filing, with a hearing of the parties, and
Reformed fraction DOF 01-05-2019
V . No question of jurisdiction may be raised. If, once the employer has been summoned, the Tribunal finds that the matter does not fall within its jurisdiction, it will make the corresponding declaration.
Reformed fraction DOF 01-05-2019
The workers shall have a term of twenty-four hours to designate the Court they consider competent, so that the file may be forwarded to it. The proceedings will remain valid, but the term for the suspension of work will run from the date on which the Court designated as competent notifies the employer of having received the file, which will be made known to the parties in the resolution of lack of jurisdiction.
Amended paragraph DOF 01-05-2019
Article added DOF 04-01-1980
Article 929 .- The workers and the employers of the affected enterprise or establishment, or interested third parties, may request the Court, within seventy-two hours following the suspension of work, to declare the non-existence of the strike for the causes indicated in Article 459 or for not having complied with the requirements established in Article 920 of this Law.
If the declaration of non-existence is not requested, the strike will be considered existing for all legal purposes, and the Court will make the corresponding declaration.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 930 - The following rules shall be observed in the procedure for the declaration of non-existence of the strike:
I. The request for a declaration of the non-existence of the strike shall be submitted in writing, accompanied by a copy for each of the summoned employers and the unions or coalition of workers summoning the strike. The request shall state the causes and legal grounds for such action. No other reasons other than non-existence may be subsequently adduced. In the event that in the request for non-existence the hypothesis indicated in Section I of Article 459 of this Law is asserted, the proof of recount must be offered observing the provisions of Article 931 of this Law;
Reformed fraction DOF 01-05-2019
II. The Court will forward the request with its annexes and will hear the parties in a hearing for the qualification of the strike, which will also be for the offering and receipt of evidence, which must be held within a term not to exceed five days and must be notified three days prior to its celebration;
Reformed fraction DOF 01-05-2019
III. The evidence must refer to the causes of non-existence contained in the request mentioned in section I, and when the request has been filed by third parties, evidence that also tends to prove their interest. The Tribunal shall only accept such evidence as satisfies the aforementioned requirements;
Reformed fraction DOF 01-05-2019
IV. The evidence shall be rendered at the hearing for the qualification of the strike, except as provided in Article 931 of this Law. Only in exceptional cases may the Tribunal defer the receipt of evidence which, due to its nature, cannot be presented at the hearing for the qualification of the strike, and
Reformed fraction DOF 01-05-2019
V. Once the evidence has been received, the Tribunal, within the following twenty-four hours, shall rule on the existence or non-existence of the legal status of the strike.
Reformed fraction DOF 01-05-2019
VI. It is repealed.
Section repealed DOF 01-05-2019
Article added DOF 04-01-1980
Article 931 .- If a count of the workers is offered as evidence, the following rules shall be observed:
I. It is repealed.
Section repealed DOF 01-05-2019
II . Only those employees of the company who attend the count shall have the right to vote;
III . Those who have been dismissed from work after the date of filing of the writ of summons shall be considered employees of the company;
IV . The votes of workers in positions of trust shall not be counted, nor those of workers who have entered the labor force after the date of presentation of the notice to strike; and
V. The offer of the recount test must be made in the written request for the non-existence of the strike contemplated in Section I of Article 930 of this Law, which shall be accompanied by the list with the names of the workers to be consulted, so that the opposing party may be served with it;
Reformed fraction DOF 01-05-2019
VI. The opposing party of the party requesting the non-existence of the strike, at the time of making its statements on the grounds for non-existence, shall exhibit at the hearing for the qualification of the strike the list with the names of the workers who in its opinion have the right to participate in the recount. The strike qualification hearing will be deferred in terms of Section IV of Article 930 of this Law, for the purpose of preparing and conducting the recount test by personal, free, direct and secret ballot;
Fraction added DOF 01-05-2019
VII. In the event that the lists of workers offered by the parties and the elements collected show that there is coincidence in the same or that the parties agree to prepare only one, the Tribunal will take it to serve as a list. In the event of differences on the lists, the parties will be given a hearing at the hearing for the qualification of the strike so that they may make objections to the list presented by the other party, in which case a motion will be opened in which the parties must offer and submit the evidence related to their objections, which will be heard within the following seventy-two hours. Once the evidence offered by the parties has been presented, the Judge shall draw up the list to be used for the recount;
Fraction added DOF 01-05-2019
VIII. Within the following five days the Tribunal shall indicate the place, day and hour in which the workers' recount is to take place, which must be carried out within a period of no more than ten days; this period may be extended for an equal period in the event that in the judgment of the Tribunal it is materially impossible to carry out the recount within said period. The consultation of the workers shall be carried out by personal, free, direct and secret vote, in the presence of the judge or the officials designated by him;
Fraction added DOF 01-05-2019
IX. The hearing of the evidence shall take place on the day and at the time ordered, in the place or places designated by the Tribunal. It shall begin with the presence of the attending parties and, prior to the entry of the workers, the judge or the designated officials shall install the necessary partition or partitions for the secret crossing of the ballots and the transparent ballot box or boxes for their deposit, verifying that they are empty and without any legend. Subsequently, after identification with an official document, the workers with the right to vote will be admitted and each one will be provided with a ballot to exercise their right to vote;
Fraction added DOF 01-05-2019
X. In order to ensure the secrecy of the vote, there shall not appear on the ballots or on the list any sign or information that allows the identification of the folio of the ballot that was given to the worker; said ballot shall contain two boxes, one in favor of the strike and the other against the strike. Each worker must mark his ballot, fold it and deposit it in the ballot box, leaving the voting place. Once this procedure has been completed, the judge or the designated officials shall proceed to the counting of the votes, opening the ballot boxes successively, removing the ballots one by one and examining them to corroborate their authenticity and exhibiting them to the view of the representatives of the parties and authorized observers in attendance; the ballots not crossed or marked in more than one of the boxes or false ballots shall be null and void;
Fraction added DOF 01-05-2019
XI. When the scrutiny has been completed, the judge or the designated officials shall proceed to count the votes and shall announce the result aloud. Once the proceedings have been completed, the minutes shall be drawn up and the representatives of the parties who wish to do so shall be invited to sign them, and
Fraction added DOF 01-05-2019
XII. In the event of acts of pressure or intimidation against the workers that tend to violate or impede their freedom to vote or hinder their entry to the place of the proceeding, the judge or the designated officials shall request the assistance of the public force and shall provide the necessary measures so that the recount is carried out under the conditions established by this Law and, if the existence of any criminal offense is presumed, a report of the facts shall be filed with the competent authority.
Section added DOF 01-05-2019
Article added DOF 04-01-1980
Article 932 .- If the Court declares the legal non-existence of the state of strike:
Amended paragraph DOF 01-05-2019
I . It shall set a term of twenty-four hours for the workers to return to work;
II . The above shall be notified through the union representatives, warning the workers that by the mere fact of not complying with the resolution, the labor relations shall be terminated, unless there is a justified cause;
III . Declare that the employer has not incurred in liability and that if the workers do not show up to work within the term indicated, he/she will be free to hire others; and
IV . Dictate the measures it deems convenient so that work may be resumed.
Article added DOF 04-01-1980
Article 933 - In the procedure for the qualification of the unlawfulness of the strike, the rules contained in Article 930 of this Law shall be observed.
Article added DOF 04-01-1980
Article 934 .- If the Court declares the strike to be unlawful, the labor relations of the strikers shall be terminated.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 935 .- Prior to the suspension of the work, the Court, after hearing the parties, shall determine the indispensable number of workers who must continue to work in order to continue the work, the suspension of which would seriously prejudice the safety and conservation of the premises, machinery and raw materials or the resumption of the work. To this effect, the Tribunal may order the practice of the diligences it deems convenient.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 936 .- If the strikers refuse to provide the services mentioned in Articles 466 and 935 of this Law, the employer may use other workers. The Court, if necessary, shall request the assistance of the public force, so that said services may be rendered.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 937 .- If the conflict which is the cause of the strike is submitted by the workers or by the employer to the decision of the Court, the ordinary procedure or the procedure for collective conflicts of an economic nature, as the case may be, shall be followed. The employer may only exercise this right in the event that the strike lasts for more than sixty days.
If the Court declares in the sentence that the reasons for the strike are attributable to the employer, it will order the employer to satisfy the demands of the workers insofar as they are appropriate, and to pay the wages corresponding to the days the strike lasted. In no case will the employer be condemned to pay the wages of the workers who have declared a strike under the terms of article 450 section VI of this Law.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 938 .- If the purpose of the strike is the conclusion or revision of the contract law, the provisions of this Chapter shall be observed, with the following modalities:
I. The written notice to strike shall be filed by the unions in coalition, with a copy for each of the employers summoned, or by those of each company or establishment, before the Court, or before the authorities mentioned in Article 920 section II of this Law;
Reformed fraction DOF 01-05-2019
II. The writ of summons shall state the day and time at which the work shall be suspended, which must be thirty or more days after the date of its filing with the Tribunal;
Reformed fraction DOF 01-05-2019
III. If the writ is filed before the Court, under its strictest responsibility, it will send the copy of the writ of summons directly to the employers within twenty-four hours following its receipt, or it will issue within the same term the necessary letters rogatory, which must be served by the authority summoned, under its strictest responsibility, within twenty-four hours following their receipt. Once the letters rogatory have been served, they must be returned within the same term of twenty-four hours, and
Reformed fraction DOF 01-05-2019
IV. If the writ is filed before the other authorities referred to in Section I, the latter, under their strictest responsibility, shall send the copy of the writ of summons directly to the employers within twenty-four hours following its receipt. Once the summons has been served, they shall forward the file to the Tribunal within the same twenty-four hour term.
Reformed fraction DOF 01-05-2019
Article added DOF 04-01-1980
TITLE FIFTEEN
Execution Procedures
Title relocated and denomination amended DOF 04-01-1980
CHAPTER I
Chapter relocated and denomination deleted DOF 04-01-1980
Section One
General Provisions
Section added DOF 04-01-1980
Article 939 - The provisions of this Title govern the enforcement of judgments rendered by the Courts. They are also applicable to arbitration awards, to resolutions issued in collective disputes of an economic nature, and to agreements entered into before Conciliation Centers.
In the case of arbitration awards and agreements entered into before the conciliation centers, which have not been complied with in the terms established therein, the workers and, if applicable, the employers, shall go to court to request their enforcement in accordance with the provisions of this chapter, giving them the same treatment as a judgment.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 940 - The enforcement of the judgments and agreements referred to in Article 939 of this Law corresponds to the Courts, for which purpose they shall dictate the necessary measures so that the enforcement is prompt and expeditious.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 941 - When the sentence is to be executed by another Court, a letter rogatory with the necessary insertions shall be addressed to it, empowering it to make use of the means of constraint and to dictate the appropriate measures in the event of opposition to the execution proceeding.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 942 - The Court exhorted may not hear the exceptions raised by the parties.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 943 .- If, when executing a letter rogatory, a third party who has not been heard by the issuing court opposes the execution of the letter rogatory, the execution of the letter rogatory shall be suspended, subject to the posting of a bond to guarantee the amount of the amount for which execution has been ordered and the damages that may be caused. Once the bond has been granted, the letter rogatory shall be returned to the issuing court.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 944 - The costs arising from the enforcement of judgments shall be borne by the defaulting party.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 945 . Judgments must be complied with within fifteen days following the day on which the notification becomes effective. Upon expiration of the term, the party who obtained a favorable judgment may request its execution in terms of the provisions of Article 950 of this Law.
If the judge notices that there is a risk of non-compliance with the judgment, or if the employer performs acts tending to non-compliance with the judgment, the judge will take the necessary measures in order to achieve effective compliance with the judgment. For this purpose, the judge may order the seizure of bank accounts and/or real estate, and must send the respective official letters to the competent institutions. Likewise, the judge must inform the social security institutions in order to comply with the resolutions regarding the payment of the contributions contained in the judgment.
The action to request the execution of the final judgments of the Court prescribes in two years in terms of article 519 of this Law. The statute of limitations will run from the day following the day after the Court's judgment was notified to the parties and is only interrupted in the following cases:
a) By the presentation of the execution request duly completed, by means of which the party that obtained a favorable judgment requests the judge to issue the corresponding order of injunction and seizure, or to open the liquidation proceeding, and
b) When any of the parties files the corresponding means of challenge.
Notwithstanding the foregoing, the parties may agree on the modalities of its performance.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 946 - Execution shall be ordered for the enforcement of a right or the payment of a liquid amount expressly indicated in the judgment or agreement to be executed, this being understood as the amount quantified therein.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 947 .- If the employer refuses to submit his differences to the trial or to accept the sentence pronounced, the Court:
Amended paragraph DOF 01-05-2019
I . Terminate the employment relationship;
II . It will order to compensate the worker with the amount of three months' salary;
III . It shall proceed to fix the liability resulting from the conflict to the employer, in accordance with the provisions of Article 50, Sections I and II; and
IV. In addition, it shall order the payment of overdue wages and interest, if any, in accordance with the provisions of Article 48, as well as the payment of the seniority premium, in accordance with the terms of Article 162.
Section amended DOF 30-11-2012
The provisions contained in this article are not applicable in cases of the actions set forth in article 123, section XXII, paragraph "A" of the Constitution.
Article added DOF 04-01-1980
Article 948 - If the refusal to accept the sentence pronounced by the Court is on the part of the workers, the employment relationship shall be terminated, in accordance with the provisions of Article 519, Section III, last paragraph of this Law.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 949 - Whenever in execution of a judgment or agreement a sum of money or the fulfillment of a right must be delivered to the worker, the Court shall ensure that it is delivered to him personally. In the event that the party who has been condemned resides outside the place of residence of the Court, a letter rogatory shall be sent to the Court or to the jurisdictional body nearest to his domicile so that the execution of the judgment or agreement may be carried out.
The process of the writ of execution of a favorable sentence may be carried out through an attorney-in-fact, without the latter being able to receive any amount of the sentence.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Section Two
On the seizure procedure
Section added DOF 04-01-1980
Article 950 .- Once the term indicated in Article 945 has elapsed, the judge, at the request of the party who obtained, shall issue a writ of injunction and seizure.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 951 .- The following rules shall be observed in the process of payment demand and seizure:
I . It shall be carried out at the place where the services are or were rendered, at the new domicile of the debtor or at the room, office, establishment or place indicated by the clerk in the notification act in accordance with Article 740 of this Law;
II . If the debtor is not found, the diligence shall be carried out with any person who is present;
III . The Clerk shall request payment from the person with whom the proceeding is conducted, and if payment is not made, the seizure shall proceed;
IV . The Clerk may, if necessary, without prior authorization, request the assistance of the public force and break the locks of the premises where the proceeding is to be carried out;
V . If no person is present, the clerk shall carry out the seizure and shall post an authorized copy of the seizure on the entrance door of the premises where the seizure was carried out; and
VI . The Clerk, under his responsibility, shall seize only the assets necessary to guarantee the amount of the sentence, its interest and the costs of execution.
Article added DOF 04-01-1980
Article 952 - Only the following are exempt from seizure:
I . The assets that constitute the family patrimony;
II . Those belonging to the dwelling house, provided they are of indispensable use;
III . The machinery, instruments, tools, implements and animals of an enterprise or establishment, insofar as they are necessary for the development of its activities.
The enterprise or establishment may be seized in accordance with the provisions of Article 966 of this Law;
IV . The harvests before being harvested, but not the rights over the sowings;
V . The arms and horses of the military in active service, indispensable for such service, in accordance with the laws;
VI . The right of usufruct, but not the fruits thereof;
VII . The rights of use and habitation; and
VIII . Easements, unless the estate in whose favor they are constituted is seized.
Article added DOF 04-01-1980
Article 953 - Attachment proceedings may not be suspended. The clerk shall resolve any questions that may arise.
Article added DOF 04-01-1980
Article 954 .- The Clerk, taking into consideration what is presented by the parties, shall determine the assets to be seized, preferring those that are easier to seize.
Article added DOF 04-01-1980
Article 955 - When the seizure is to be made on property located outside the place where the proceeding is to be carried out, the party who obtained a favorable judgment shall inform the clerk of the premises where the property is located and, after identifying the property, shall carry out the seizure.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 956 .- If the seized assets are money or credits realizable on the spot, the Clerk shall seize them and place them at the disposal of the Court, who shall immediately decide on the payment of the plaintiff.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 957 - If the seized goods are movable, they shall be placed in deposit with the person designated by the party who obtained a favorable judgment, under his responsibility. The depositary must show official identification so that a copy of the same may be added to the records, provide the general information required of the witnesses, provide the address where the seized goods will be kept within the jurisdiction of the Court, protest the faithful performance of his office and declare that he is aware of the penalties incurred by unfaithful depositaries. The party that obtained may request a change of depositary.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 958 .- If the seized assets are bank accounts, securities, credits, credits, fruits or products, the Bank, securities institution, debtor or tenant shall be notified that the amount of the payment shall be placed at the disposal of the Court, being warned of double payment in case of disobedience.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 959 .- The Clerk shall request the respondent to exhibit the respective documents and contracts, so that the record may reflect and attest to the conditions stipulated therein.
Article added DOF 04-01-1980
Article 960 . If a title of credit is secured, a depositary shall be appointed to keep it in custody, who shall be obliged to do everything necessary so that the right that the Title represents is not altered or impaired and to try all the actions and remedies that the Law grants to make the credit effective, being subject, in addition, to the obligations imposed by the Laws on the depositaries.
Article added DOF 04-01-1980. Amended DOF 30-11-2012
Article 961 - If the claim is in litigation, the seizure shall be notified to the authority hearing the respective lawsuit, and the name of the depositary, so that the latter may perform the obligations imposed on him by the final part of the preceding article.
Article added DOF 04-01-1980. Erratum DOF 30-01-1980.
Article 962 .- If the seized property is real property, the Court, under its responsibility, shall order, within the following 24 hours, the registration in the Public Registry of Property.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 963 - If the seizure is on urban property and its products or on these only, the depositary shall have the character of administrator with the following powers and obligations:
I. It may enter into leasing contracts, under the following conditions: for a voluntary term for both parties; the amount of the rent may not be less than that fixed in the last contract; require the lessee to provide the necessary guarantees of compliance; and in all cases, seek the authorization of the Court;
Reformed fraction DOF 01-05-2019
II . To collect rents in a timely manner according to their terms and deadlines, proceeding against delinquent tenants in accordance with the Law;
III . To make payments of taxes and duties caused by the property without prior authorization; and to cover the ordinary expenses of conservation and cleanliness;
IV . Submit to the corresponding office, the declarations and statements required by the Law on the matter;
V. Submit for authorization to the Tribunal, the budgets for repair or construction expenses;
Reformed fraction DOF 01-05-2019
VI. Pay, with the prior authorization of the Court, the liens reported by the estate; and
Reformed fraction DOF 01-05-2019
VII. To render monthly accounts of its management and deliver the remainder in a deposit bill, which it shall make available to the Tribunal.
Reformed fraction DOF 01-05-2019
The depositary who fails to comply with the obligations set forth in this article shall be subject to the penalties provided for in the respective laws.
Article added DOF 04-01-1980
Article 964 .- If the seizure falls on an enterprise or establishment, the following rules shall be observed:
I . The depositary shall be auditor at the cashier's expense, being obliged to:
a ) To monitor accounting:
b ) To administer the management of the negotiation or company and the operations practiced therein, so that they produce the best possible yield; and the other acts inherent to his position.
II. If the depositary considers that the administration is not conveniently carried out or that it may prejudice the rights of the sequestrator, he shall inform the judge, so that the latter, after hearing the parties and the intervenor in a hearing, may decide as he deems convenient, and
Reformed fraction DOF 01-05-2019
III. Whenever the depositary is a third party, it shall grant a bond before the Court for the amount determined and shall render an account of its management under the terms and in the manner indicated by the Court;
Reformed fraction DOF 01-05-2019
IV. Once the intervenor has been appointed, the Court shall, within the following three days, communicate the appointment to the National Banking and Securities Commission, the Mexican Social Security Institute, the National Workers' Housing Fund Institute, or homologous agencies, the corresponding Retirement Fund Administrator, the Tax Administration System, as well as to the debtors and creditors whose domicile is provided by the seized employer, and
Fraction added DOF 01-05-2019
V. Within three days thereafter, the distrainee shall submit to the Court the necessary documentation and information that should be brought to the attention of the receiver at the cashier's expense.
Fraction added DOF 01-05-2019
Article added DOF 04-01-1980
Article 965 .- The plaintiff may request the extension of the attachment:
I . When the seized assets are not sufficient to cover the amounts for which execution was ordered, after the appraisal of the same has been made; and
II . When a third party action is filed and an admissibility order has been issued.
Section amended DOF 30-11-2012
The Court may order the extension if, in its opinion, the circumstances referred to in the preceding paragraphs are present, without informing the defendant.
Amended paragraph DOF 30-11-2012, 01-05-2019
Article added DOF 04-01-1980
Article 966 - When several attachments are made on the same assets, the following rules shall be observed:
I . If they are practiced in execution of work credits, they shall be paid in the successive order of the attachments, except in the case of preference of rights;
II. The seizure practiced in execution of a labor credit, even if it is subsequent, is preferential over those practiced by authorities other than the Court, provided that such seizure is practiced before the auction is finalized.
When the Court becomes aware of the existence of a seizure, it shall inform the seizing authority that the seized assets are subject to the preferential payment of the labor credit and shall continue the enforcement proceedings until payment is made. The liquid balance remaining after the payment has been made shall be placed at the disposal of the authority that made the seizure.
Any questions of preference that may arise shall be processed and resolved by the Court that hears the matter, to the exclusion of any other authority.
Reformed fraction DOF 30-11-2012, 01-05-2019
III. The one who has reembarked may continue the execution of the Judgment or agreement, but once the goods have been auctioned, the amount of his credit shall be paid to the first garnishee, except in the case of preference of rights.
Reformed fraction DOF 01-05-2019
Article added DOF 04-01-1980
Article 966 Bis .- The Court may, at the request of a party, request information from the corresponding authorities on the existence of data and assets of the party to be sentenced, in order to comply with the sentence in a prompt and expeditious manner. Said request shall proceed only when the impossibility of carrying out the execution of the sentence has been accredited.
Regarding the investigation of bank accounts and the seizure and execution procedure, the Court will make use of the System of Attention to Authority Information Requests or the instrument implemented for such purposes by the National Banking and Securities Commission, for which the Courts will enter into an agreement with said Commission. The foregoing, regardless of informing the tax authorities, as well as the Mexican Institute of Social Security, the Institute of the National Workers' Housing Fund or similar institutions, in order to carry out the full compliance of the labor sentences.
It must designate an expert appraiser of the seized assets; in the case of real estate, it must order the registration of the seizure with the corresponding Public Registry of Property.
Article added DOF 01-05-2019
Article 966 Ter .- The Court shall inform the Mexican Institute of Social Security of the conviction, in order for said entity to act in accordance with its powers to make the convicted party comply with its social security obligations.
Article added DOF 01-05-2019
Section Three
Auctions
Section added DOF 04-01-1980
Article 967 - Once the seizure proceedings have been concluded, the assets shall be auctioned, in accordance with the rules contained in this Chapter.
Before the auction is approved or the award is declared, the foreclosed party may release the seized property by paying immediately and in cash the amount of the amounts fixed in the judgment and the costs of execution. After the auction has been declared, the sale shall be irrevocable.
Amended paragraph DOF 01-05-2019
Article added DOF 04-01-1980
Article 968 - The following rules shall be observed in seizures:
A. If the seized goods are movable:
l. The appraisal shall be made by the person designated by the judge; in cases where the judge notices that the appraisal of the property is notoriously lower or higher than its value, he may order another appraisal, reasoning the reasons why he considers that the appraisal does not correspond to the real value of the property;
Reformed fraction DOF 30-11-2012, 01-05-2019
II . The amount of the appraisal shall serve as the basis for the auction; and
III. The auction shall be announced in the labor bulletin or on the Court's bulletin boards, as the case may be, and in the municipal palace or in the government office designated by the Court, which may use any other means of publicity.
Reformed fraction DOF 30-11-2012, 01-05-2019
B. If the seized assets are real property:
l. The appraisal of a legally authorized expert appraiser, who shall be appointed by the judge, shall be taken as appraisal and, if applicable, shall proceed in accordance with the provisions of section I of paragraph A of this article;
Reformed fraction DOF 30-11-2012, 01-05-2019
II. The foreclosing party shall exhibit a certificate of encumbrances issued by the Public Registry of Property for 10 years prior to the date on which the auction was ordered. If another certificate is already on file, the Registry shall be requested only for the period or periods that are not covered by the certificate; and
Section amended DOF 30-11-2012
III. The decision ordering the auction shall be published, once only, ten days prior to the date of the auction, in the bulletin and on the Court's bulletin boards, and also, at its discretion, shall use any other means of advertising, if applicable, and shall be published, once only, in the Treasury of each federal entity and in the newspaper with the largest circulation in the place where the assets are located, summoning bidders.
Reformed fraction DOF 30-11-2012, 01-05-2019
The creditors appearing in the lien certificate, as well as the possessor of the real estate, will be summoned personally with ten days' notice, so that they may assert their rights.
Amended paragraph DOF 01-05-2019
Article added DOF 04-01-1980
Article 969 .- If the seized property is an enterprise or establishment the following procedure shall be observed:
l. An appraisal will be made by an expert appraiser who will be requested by the court from the Banco del Ahorro Nacional y Servicios Financieros (BANSEFI) or homologous, or some other official institution;
Reformed fraction DOF 30-11-2012, 01-05-2019
II . The appraisal amount shall serve as the basis for the auction;
Erratum to the section DOF 30-01-1980
III. The provisions of section III of paragraph A of the preceding article, relating to furniture, are applicable; and
Section amended DOF 30-11-2012
IV . If the company or establishment is integrated with real estate, the certificate of encumbrances referred to in section II of paragraph B of the preceding article shall be obtained.
Erratum to the section DOF 30-01-1980
Article added DOF 04-01-1980
Article 970 - Legal bid is that which covers two thirds of the appraisal. The person bidding as a bidder must present his bid in writing and exhibit a deposit bill from Banco del Ahorro Nacional y Servicios Financieros (BANSEFI), or its counterpart, for the amount of ten percent of his bid.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 971 - The auction shall be carried out in accordance with the following rules:
l. The appointed day and time will be held at the premises of the corresponding Tribunal;
Reformed fraction DOF 01-05-2019
II. It shall be carried out by the judge, who shall declare it open;
Reformed fraction DOF 01-05-2019
III. The judge shall grant a waiting period, which may not exceed half an hour, to receive bids; once this period has elapsed, no new bidders shall be admitted unless they are the plaintiff or the foreclosed party itself;
Reformed fraction DOF 01-05-2019
IV. The judge shall qualify the bids, and shall allow fifteen minutes between bids;
Reformed fraction DOF 01-05-2019
V. The plaintiff may attend the auction as a bidder, presenting his bid in writing, without the need to comply with the requirement referred to in article 974 of this Law; and
VI. The judge shall declare the auction closed in favor of the highest bidder.
Reformed fraction DOF 01-05-2019
Article added DOF 04-01-1980
Article 972 - The auction proceedings may not be suspended. The Court shall immediately resolve the questions raised by the interested parties.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 973 .- If no bidders are presented, the plaintiff may request the adjudication of the assets at the price of his bid, or request the holding of new auctions with a deduction of twenty percent in each one of them. Subsequent auctions shall be held within thirty days following the date of the previous one.
Article added DOF 04-01-1980
Article 974 - The successful bidder shall exhibit within the following three days the total amount of his bid, being warned that if he fails to do so, the amount exhibited shall remain in favor of the plaintiff; and the Court shall set a new date for the holding of the auction.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 975 - Once the total amount of the award price has been exhibited, the Court shall declare the auction closed, and the following shall be observed:
Amended paragraph DOF 01-05-2019
I. It shall immediately cover the plaintiff and the other creditors in their order; and if there is any remainder, it shall be delivered to the defendant;
II . In the case of real estate, the following shall be observed;
a) The previous owner shall deliver to the Court all the documentation related to the property that was auctioned.
Section amended DOF 01-05-2019
b ) If awarded by the worker, it shall be free of all encumbrances, taxes and fiscal duties.
c) The deed must be signed by the previous owner, within five days following the notification made to him by the respective notary public. If he does not do it, the Court will do it in his default, and
Section amended DOF 01-05-2019
III . Once the deed is signed, the purchaser will be placed in possession of the property.
Article added DOF 04-01-1980
CHAPTER II
Procedure for third party claims and credit preferences
Chapter relocated and name changed DOF 04-01-1980
Section One
Third parties
Section added DOF 04-01-1980
Article 976 - Third parties' claims may be exclusionary of ownership or preference. The purpose of the former is to obtain the lifting of the seizure of property owned by third parties; the latter is to obtain the preferential payment of a credit with the proceeds of the seized property.
Article added DOF 04-01-1980
Article 977 - Third parties' claims shall be processed and resolved by the Court hearing the main trial, and shall be substantiated in an incidental manner, in accordance with the following rules:
Amended paragraph DOF 30-11-2012, 01-05-2019
I. The third party action shall be filed in writing, accompanied by the title on which it is based and the pertinent evidence; if the above requirements are not met, it shall be dismissed out of hand;
Reformed fraction DOF 01-05-2019
II. The Court will order the third party action to be processed separately and will summon the parties to a hearing, within the following ten days, in which it will hear them and after the evidence has been presented, will issue a decision;
Reformed fraction DOF 01-05-2019
III. Regarding the offering, admission and presentation of evidence, the provisions of Chapters XII, XVII and XVIII of Title Fourteen of this Law shall be observed;
IV. The third parties do not suspend the proceedings. The third party exclusion of ownership only suspends the act of auction; the third party preference suspends the payment of the credit; and
V. If the third party action is declared admissible, the Court will order the lifting of the attachment and, if applicable, will order the payment of the credit declared preferential.
Reformed fraction DOF 01-05-2019
Article added DOF 04-01-1980
Article 978 .- The third party may file the claim before the authority summoned that practiced the seizure, having to designate domicile in the place of residence of the summoning Court within a term of five days from the date on which it was practiced, or had knowledge thereof, having to indicate domicile within the jurisdiction of the summoning party, if he does not make the designation, all notifications shall be made to him by bulletin or by strata.
The exhorted authority, when returning the exhortation, shall forward the third-party claim, within three days from the date on which the attachment was made.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Section Two
Credit preference
Section added DOF 04-01-1980
Article 979 .- When there is an individual or collective conflict, the workers may request the Court, for the purposes of Article 113, to prevent the jurisdictional or administrative authority before which lawsuits are being processed in which they intend to enforce claims against the employer so that, before carrying out the auction or adjudication of the seized assets, it notifies them to guarantee the preferential right that the Law grants them in said provision, once the corresponding third party exclusion of preference has been processed and the amount thereof has been determined.
Amended paragraph DOF 30-11-2012, 01-05-2019
If the seized assets are insufficient to cover the claims of all the workers, they will be seized on a pro rata basis, leaving their rights unimpaired.
Article added DOF 04-01-1980
Article 980 - The preference shall be substantiated in accordance with the following rules:
I. The preference must be requested by the employee before the Court in which the conflict in which he/she is a party is being processed, indicating specifically which are the authorities before which trials are being held in which the employer's assets may be adjudicated or auctioned, accompanying sufficient copies of his/her petition, in order to be served on the disputing parties in the trials in question;
Reformed fraction DOF 01-05-2019
II. If the lawsuit is processed before the judicial authority, the Court shall warn it, letting it know that the seized assets are subject to the preferential payment of the labor credit and that therefore, before auctioning or adjudicating the employer's assets, it must notify the employee so that he/she may appear to deduct his/her rights, and
Reformed fraction DOF 01-05-2019
III. In the case of tax credits, dues owed to the Mexican Social Security Institute, or contributions to the National Workers' Housing Fund Institute, it will be sufficient for the Court to send an official letter to the corresponding authority, indicating the existence of labor lawsuits whose benefits are pending payment, so that before adjudicating or auctioning the assets of the employer, it will proceed in accordance with the preceding article.
Reformed fraction DOF 01-05-2019
Article added DOF 04-01-1980
Article 981 - When in the proceedings before the Court a liquid amount judgment has been rendered or the corresponding liquidation has been carried out, the Court shall inform the judicial or administrative authority that has been prevented, pursuant to the terms of Article 980 of this Law, sending it a certified copy of the judgment, as well as of the resolution of the third party preferred credit in order to take it into account when applying the proceeds of the auctioned or adjudicated assets.
If the employer, prior to the auction, has made a payment to release its assets, the amount of the labor credits on which the prevention has been made must be covered with this payment.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
CHAPTER III
Paraprocedural or voluntary proceedings
Chapter relocated and name changed DOF 04-01-1980
Article 982 - All those matters which, by mandate of the Law, by their nature or at the request of an interested party, require the intervention of the Court, without any conflict between specific parties being jurisdictionally promoted, shall be processed in accordance with the provisions of this Chapter.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 983 - In the proceedings referred to in this chapter, the worker, union or employer concerned may appear before the competent Court, requesting orally or in writing the intervention of the same and expressly indicating the person whose statement is required, the thing that is intended to be exhibited, or the diligence that is requested to be carried out.
The Court will decide within the following twenty-four hours on the request and, if applicable, will set a date and time to carry out the proceeding and will order, if applicable, the summoning of the persons whose statement is sought.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 984 - When by provision of the Law or of any authority or by agreement of the parties, a deposit or bond must be given, the interested party or parties may appear before the Court in charge, which shall receive it and, if appropriate, shall communicate it to the interested party.
The cancellation of the bond or the return of the deposit may also be processed before the Court in charge, which will immediately agree with the summons of the beneficiary and, after verifying that he has complied with the obligations guaranteed by the bond or deposit, will authorize its cancellation or return.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 985 .- When the Ministry of Finance and Public Credit, without any objection from the employees, modifies the overall taxable income declared by the taxpayer, and the latter has challenged such resolution, he may request the Court, within 3 days following the day in which the corresponding challenge was filed, the suspension of the additional profit sharing to the employees, for which purpose he shall attach:
Amended paragraph DOF 30-11-2012, 01-05-2019
I . The guarantee granted in favor of the workers, which shall be for:
a ) The additional amount to be distributed to employees.
b ) The legal interest computed for one year.
II . Copy of the resolution issued by the Secretary of Finance and Public Credit; and
Reformed fraction DOF 30-11-2012
III . The name and address of the representatives of the unionized, non-unionized and trusted workers.
Section added DOF 30-11-2012
Article added DOF 04-01-1980
Article 986 - Upon receipt of the employer's brief, the Court shall examine whether it meets the requirements set forth in the preceding article, in which case it shall immediately forward it to the representatives of the workers, so that within 3 days they may state what is in their best interest; once this period has elapsed, it shall decide what is appropriate.
If the employer's request does not meet the legal requirements, the Tribunal will dismiss it out of hand.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 987 - When workers and employers reach an agreement or settlement of a worker, out of court, they may appear before the Conciliation Centers requesting their approval and ratification, in the terms referred to in the second paragraph of Article 33 of this Law, for which purpose they shall identify themselves to the satisfaction of the Conciliating Authority.
Amended paragraph DOF 01-05-2019
In the agreements terminating the employment relationship, the amount to be paid to the employee for salary, accrued benefits and profit sharing must be disclosed. In the event that the Joint Commission for Profit Sharing in the company or establishment has not yet determined the individual participation of the workers, their rights will be safeguarded until the individual distribution project is formulated.
The agreements entered into under the terms of this article will be approved by the competent Conciliation Center, when they do not affect the rights of the workers, and will have definitive effects, and will therefore be elevated to the category of enforceable judgment.
Amended paragraph DOF 01-05-2019
Article added DOF 04-01-1980. Amended DOF 30-11-2012
Article 988 .- Workers over fifteen years of age, but under eighteen years of age, who have not completed their compulsory basic education, may appear before the competent Court requesting authorization to work, and shall accompany the documents they deem convenient, to establish the compatibility between studies and work.
The Tribunal, immediately upon receipt of the request, shall decide what is appropriate.
Article added DOF 04-01-1980. Amended DOF 12-06-2015, 01-05-2019
Article 989 - The workers may request, through the corresponding Court, that the employer issue a written certificate containing the number of days worked and the salary received, in accordance with the terms set forth in Article 132, Section VII of this Law.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 990 - The worker or his beneficiaries who must receive any amount of money by virtue of an agreement or settlement, may appear in person at the corresponding Court.
Article added DOF 04-01-1980. Amended DOF 01-05-2019
Article 991 - In the cases of termination provided for in Article 47, the employer may go before the competent Court to request that the employee be notified of the notice referred to in the aforementioned provision, by the means indicated therein. The Court, within five days following receipt of the request, shall proceed with the notification.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 991 Bis .- The employer may deposit with the Court the indemnity referred to in Article 49 of this Law, as well as the payment of the seniority premium provided for in Article 162 and other benefits.
Article added DOF 01-05-2019
TITLE SIXTEEN
Liabilities and Penalties
Title Relocated DOF 04-01-1980
Article 992 - Violations of labor standards committed by employers, union managers or workers shall be punished in accordance with the provisions of this Title, regardless of the liability that corresponds to them for failure to comply with their obligations, without prejudice to the penalties provided for in other legal provisions and the legal consequences that may apply in matters of concessioned goods and services.
Amended paragraph DOF 01-05-2019
The quantification of the pecuniary sanctions established in this Title shall be based on the calculation of the Unit of Measurement and Actualization at the time the violation was committed.
Amended paragraph DOF 01-05-2019
For the imposition of sanctions, the following will be taken into account:
I . The intentional or unintentional nature of the action or omission constituting the infringement;
II . The seriousness of the infraction;
III . Damages that have occurred or may occur;
IV . The economic capacity of the offender; and
V . Recidivism of the offender.
In all cases of recidivism, the fine imposed for the previous infraction shall be doubled.
For the purposes of this Law and other provisions derived from it, recidivism is understood as each subsequent violation of the same precept, committed within the two years following the date of the record of the previous violation, provided that such violation has not been disproved.
When a single act or omission affects several workers, a penalty shall be imposed for each of the workers affected. If a single act or omission involves several violations, the penalties corresponding to each of them will be applied independently.
When the fine is applied to an employee, it may not exceed the amount indicated in Article 21 of the Constitution.
Article added DOF 04-01-1980. Amended DOF 30-11-2012
Article 993 - The employer who does not comply with the norms that determine the percentage or exclusive use of Mexican workers in the companies or establishments will be fined the equivalent of 250 to 2500 times the Unidad de Medida y Actualizacion y Actual (Unit of Measurement and Updating).
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 994 . A fine shall be imposed for the equivalent of:
I . From 50 to 250 Unidades de Medida y Actualizacion, to the employer who does not comply with the provisions contained in Articles 61, 69, 76 and 77;
Reformed fraction DOF 01-05-2019
II . From 250 to 5000 Unidades de Medida y Actualizacion, to the employer who does not comply with the obligations imposed by Chapter VIII of Title Three, relating to the Participation of Workers in the Profits of the Companies;
Reformed fraction DOF 01-05-2019
III . From 50 to 1500 Unidades de Medida y Actualizacion to the employer who does not comply with the obligations set forth in Article 132, Sections IV, VII, VIII, IX, X, XII, XIV and XXII;
Reformed fraction DOF 01-05-2019
IV . From 250 to 5000 Unidades de Medida y Actualizacion, to the employer who does not comply with the provisions of Section XV of Article 132;
Reformed fraction DOF 01-05-2019
V . From 250 to 5000 Unidades de Medida y Actualizacion, to the employer who does not observe in the installation of its establishments the safety and hygiene standards or the measures established by the Laws to prevent occupational hazards;
Reformed fraction DOF 01-05-2019
VI . From 250 to 5000 Units of Measurement and Actualization, to the employer who commits any discriminatory act or conduct in the workplace; to the one who performs acts of sexual harassment or who tolerates or allows acts of sexual harassment or harassment against its workers, as well as to the one who violates the prohibitions established in sections IV and V of article 133 of the Law, or the provisions of article 357, second and third paragraph of the same;
Reformed fraction DOF 01-05-2019
VII . From 250 to 2500 Units of Measurement and Actualization, to the employer who violates the prohibitions contained in article 133, sections II, VI and VII of this Law. Likewise, for failing to comply with the requirements made by the Registration Authority and the Conciliating Authority, and
Reformed fraction DOF 01-05-2019
VIII. From 50 to 100 Units of Measurement and Actualization, to the employer who does not appear at the conciliation hearing, in terms of Article 684 E section IV of this Law.
Fraction added DOF 01-05-2019
Article added DOF 04-01-1980. Amended DOF 30-11-2012
Article 995 - The employer who violates the prohibitions contained in Article 133 sections XIV and XV, and the rules governing the work of women and minors, shall be fined the equivalent of 50 to 2500 times the Unit of Measurement and Actualization.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 995 Bis - The employer who violates the provisions of Article 23, first paragraph of this Law, shall be punished with imprisonment of 1 to 4 years and a fine of 250 to 5000 times the Unidad de Medida y Actualizacion y Actualizacion.
Article added DOF 30-11-2012. Amended DOF 12-06-2015, 01-05-2019.
Article 996 . The owner, shipowner or charterer shall be fined the equivalent of:
I. From 50 to 500 times the Unidad de Medida y Actualizacion, if it does not comply with the provisions contained in articles 204, section II, and 213, section II, and
Reformed fraction DOF 01-05-2019
II. From 50 to 2500 times the Unidad de Medida y Actualizacion, to those who do not comply with the obligation set forth in article 204, section IX.
Reformed fraction DOF 01-05-2019
Article added DOF 04-01-1980. Amended DOF 30-11-2012
Article 997 - The employer who violates the protective norms of farm labor and home work shall be fined the equivalent of 250 to 2500 times the Unit of Measurement and Actualization.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 998 - The employer who does not facilitate the attendance to an elementary school to a domestic worker who lacks education, shall be fined the equivalent of 50 to 250 times the Unit of Measurement and Actualization.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 999 - The employer who violates the labor protection rules in hotels, restaurants, bars and other similar establishments, shall be fined the equivalent of 50 to 2500 times the Unit of Measurement and Updating.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 1000 - Failure to comply with the rules relating to the remuneration of work, working hours and breaks, contained in a contract Law, or in a collective bargaining agreement, shall be punishable by a fine for the equivalent of 250 to 5000 times the Unit of Measurement and Actualization.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 1001 - The employer who violates the rules contained in the Internal Labor Regulations shall be fined the equivalent of 50 to 500 times the Unit of Measurement and Actualization.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 1002 .- For violations of labor regulations not sanctioned in this Title or in any other provision of this Law, the offender shall be fined the equivalent of 50 to 5000 times the Unit of Measurement and Actualization.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 1003 .- Workers, employers and unions, federations and confederations of one or the other, may denounce before the labor authorities violations of labor regulations.
The Court and the Labor Inspectors have the obligation to report to the Public Prosecutor's Office the employer of an industrial, agricultural, mining, commercial or service business that has failed to pay or pays its workers less than the amounts indicated as the general minimum wage.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 1004 - The employer of any industrial, agricultural, mining, commercial or service business who delivers to one or more of his workers amounts lower than the general minimum wage or has delivered payment vouchers that cover sums of money higher than those actually delivered, shall be punished with the following penalties:
I. With imprisonment from six months to three years and a fine of up to 800 times the Unidad de Medida y Actualizacion, in accordance with the provisions of Article 992, when the amount of the omission does not exceed the amount of one month's general minimum wage of the corresponding geographic area of application;
II. With imprisonment from six months to three years and a fine of up to 1,600 times the Unidad de Medida y Actualizacion, in accordance with the provisions of Article 992, when the amount of the omission is greater than thirty times the Unidad de Medida y Actual, but does not exceed three months of the general minimum wage of the corresponding geographic area of application, and
III. With imprisonment from six months to four years and a fine of up to 3,200 times the Unidad de Medida y Actualizacion, in accordance with the provisions of article 992, if the omission exceeds three months of the general minimum wage of the corresponding geographic area of application.
Article added DOF 04-01-1980. Erratum DOF 30-01-1980. Amended DOF 21-01-1988, 30-11-2012, 01-05-2019.
Article 1004-A - The employer who does not allow the inspection and surveillance that the labor authorities order in his establishment, will be notified by instruction to appear to exhibit all the required information, being warned that if he does not do so, it will be presumed that he does not have it. Regardless of the foregoing, the fact of not allowing the inspection to be carried out will subject him to a fine of 250 to 5,000 times the Unit of Measurement and Actualization.
Article added DOF 30-11-2012. Amended DOF 01-05-2019, 23-04-2021
Article 1004-B .- Failure to comply with the obligations referred to in Article 15-B of the Law, shall be punished with a fine for the equivalent of 250 to 2500 times the Unidad de Medida y Actualizacion y Actualizacion.
Article added DOF 30-11-2012. Amended DOF 01-05-2019
Article 1004-C - Whoever subcontracts personnel referred to in Article 12 of this Law, as well as individuals or legal entities that provide subcontracting services without having the corresponding registration, in accordance with the provisions of Articles 14 and 15 of this Law, shall be fined from 2,000 to 50,000 times the Unit of Measurement and Actualization, without prejudice to any other liabilities that may be applicable in accordance with the applicable legislation. The Ministry of Labor and Social Welfare will report the facts to the competent authorities.
The same sanction as that established in the preceding paragraph shall be applicable to those individuals or legal entities that benefit from subcontracting in contravention of the provisions of Articles 12, 13, 14 and 15 of this Law.
Article added DOF 30-11-2012. Amended DOF 01-05-2019, 23-04-2021
Article 1005 .- The Labor Defense Attorney, the Public Defender or the worker's representative shall be sanctioned with six months to three years of imprisonment and a fine of 125 to 1250 times the Unit of Measurement and Actualization in the following cases:
Amended paragraph DOF 30-11-2012, 01-05-2019
I. When, without justified cause, they abstain from attending two or more hearings; and
II . When without a justified cause they abstain from promoting the trial during a period of three months.
As far as public servants are concerned, the conducts provided for in this article shall be considered serious administrative offenses in terms of the provisions of Chapter II of Title Three of the General Law of Administrative Responsibilities.
Paragraph added DOF 01-05-2019
In all cases, when there is a presumption of irregular acts, the Labor Authorities or the Courts must immediately inform the competent authorities so that they may proceed according to their attributions and faculties.
Paragraph added DOF 01-05-2019
Article added DOF 04-01-1980
Article 1006 - Anyone who presents false documents or witnesses shall be sentenced to six months to four years imprisonment and a fine of 125 to 1900 Unidades de Medida y Actualizacion. In the case of workers, the fine shall be the salary received by the worker in one week.
Article added DOF 04-01-1980. Amended DOF 30-11-2012, 01-05-2019
Article 1007 - The penalties set forth in the preceding article shall be applied without prejudice to the liability for damages that may result to the attorney-in-fact or representative.
Article added DOF 04-01-1980
Article 1008 - The administrative sanctions referred to in this Title shall be imposed, as the case may be, by the Secretary of Labor and Social Welfare, by the Governors of the States or by the Head of Government of Mexico City, who may delegate the exercise of this power to such subordinate officials as they deem appropriate, by means of an agreement published in the appropriate official newspaper.
Article added DOF 04-01-1980. Amended DOF 09-04-2012, 01-05-2019
Article 1009 - The authority, after hearing the interested party, shall impose the corresponding sanction.
Article added DOF 04-01-1980
Article 1010 - Sanctions shall be enforced by the authorities designated by law.
Article added DOF 04-01-1980
TRANSITIONS
Article 1º .- This Law shall enter into force on May 1, 1970, with the exception of Articles 71 and 87 which shall enter into force on July 1, 1970, and Article 80 which shall enter into force on September 1, 1970.
Article 2 - The Federal Labor Law of August 18, 1931 is hereby repealed, with the modalities referred to in the preceding article.
Article 3º - Individual or collective labor contracts that establish rights, benefits or prerogatives in favor of the workers, inferior to those granted to them by this Law, shall not produce legal effect from now on, and the respective clauses shall be understood to be substituted by those established by this Law.
Individual or collective labor contracts or agreements that establish rights, benefits or prerogatives in favor of workers, superior to those granted to them by this Law, shall continue to have effect.
Article 4º .- In the application of article 159, in connection with article 132, section XV, the collective bargaining agreements that contain professional training systems already in operation on the date of publication of this Law, and in which they establish examination requirements or practical proof of aptitude and possession of the appropriate knowledge in order for workers to be promoted in cases of vacancies or newly created positions in accordance with their corresponding seniority, may continue to be applied.
Article 5º .- For the payment of the seniority premium referred to in Article 162 to workers who are already rendering their services to a company on the date on which this Law enters into force, the following rules shall be observed:
I. Workers with a seniority of less than ten years, who voluntarily separate from their employment within the year following the date on which this Law enters into force, shall be entitled to be paid twelve days' salary;
II. Those with a seniority of more than ten and less than twenty years, who voluntarily separate from their employment within the two years following the date referred to in the preceding paragraph, shall be entitled to be paid twenty-four days' salary;
III. Those with a seniority of more than twenty years who voluntarily separate from their employment within three years following the date referred to in the preceding fractions, shall be entitled to be paid thirty-six days' salary;
IV. Once the terms referred to in the preceding paragraphs have elapsed, the provisions of article 162 shall apply; and
V. Workers who are separated from their employment or who separate with just cause within the year following the date on which this Law enters into effect, shall be entitled to be paid twelve days' salary. After the year has elapsed, regardless of the date of separation, they shall be entitled to the bonus corresponding to them for the years that have elapsed as of the date on which this Law enters into effect.
Article 6º .- Child day care centers installed in companies or establishments shall continue to operate until the Mexican Social Security Institute takes charge of them.
Article 7º - The revision of the Resolution of December 13, 1963 issued by the National Commission for the Participation of Workers in the Profits of the Companies may not proceed until ten years have elapsed as from the aforementioned date.
Article 8º - In the case of companies registered with the Mexican Social Security Institute, the obligations set forth in Article 504 shall be the responsibility of the companies, to the extent that the Institute is not obliged to provide them in accordance with its Law.
Article 9º .- The Secretary of Labor and Social Welfare, the Governors of the States and Territories and the Head of the Department of the Federal District, shall reorganize the Permanent Conciliation Boards and the Conciliation and Arbitration Boards, in accordance with the provisions of this Law, within a term of three months, counted as of the date of its effectiveness.
Article 10 - The same authorities referred to in the preceding article shall reorganize the remaining labor authorities, in accordance with the provisions of this Law, within the same three-month term.
Article 11 - The requirements set forth in Articles 626, Section II; 627, Section II; 628, Sections II and III, and 629 of Title Twelve shall not be required of the legal personnel referred to in Article 625, who have the rank and file category and who, at the time this Law enters into force, render their services in the Conciliation and Conciliation and Arbitration Boards.
Article 12 - The lawsuits pending before the Conciliation and Arbitration Boards shall continue to be processed in accordance with the provisions of the Federal Labor Law of August 18, 1931, while the reorganization referred to in Transitory Article 9 takes place. Once the reorganization has been carried out, the lawsuits will be processed in accordance with the provisions of this Law; the Board will inform the parties when the processing will be subject to the procedures established in this Law.
In lawsuits pending before the Conciliation Boards, the evidence offered by the parties will be received and the file will be forwarded to the corresponding Permanent Conciliation Board or Conciliation and Arbitration Board.
The Conciliation and Arbitration Boards shall continue to hear the matters referred to in Article 600, Section IV, of which they are already seized.
Article 13 - The Regional Commissions and the National Minimum Wage Commission are empowered to establish the increase of the general, rural and professional minimum wages in force.
In order to equalize the minimum wages referred to in the preceding paragraph, the following procedure shall be observed:
I. Within three days following the entry into force of this decree, the regional minimum wage commissions will issue a resolution establishing the increase in minimum wages.
II. The presidents of the regional commissions, under their responsibility, shall communicate the corresponding resolutions to the National Minimum Wage Commission within 24 hours from the date they were issued.
III. The President of the National Minimum Wage Commission will summon the Council of Representatives and will submit to the same the pertinent opinion so that within three days following the receipt of the communications referred to in the preceding section, they may issue a resolution confirming or modifying those issued by the regional commissions, fixing the increase to be applied to the minimum wages in force, so that they may be modified in a mandatory manner taking into account the provisions of the resolution issued by the Secretary of Labor and Social Welfare dated March 19, 1982.
IV. The President of the National Minimum Wage Commission shall send to the Official Gazette of the Federation, for its publication, the resolution of the Council of Representatives containing the minimum wages corresponding to the established increase.
Article added DOF 22-10-1982
Mexico City, December 2, 1969. Luis L. León Uranga , S. P.- Joaquín Gamboa Pascoe , D. P.- Arturo Moguel Esponda , S. S.- Alberto Briseño Ruiz, D. S.- Rubrics.
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, for its due publication and observance, I hereby issue this Decree in the residence of the Federal Executive Power, in the city of Mexico, Federal District, on the twenty-third day of December of the year nineteen hundred and sixty-nine. Gustavo Díaz Ordaz .- Rubric.- The Secretary of Labor and Social Welfare, Salomón González Blanco .- Rubric.- The Undersecretary of the Interior, in charge of the Office, Mario Moya Palencia .- Rubric.- The Secretary of Labor and Social Welfare, Salomón González Blanco.- Rubric.- The Undersecretary of the Interior, in charge of the Office, Mario Moya Palencia .- Rubric. The Secretary of Foreign Affairs, Antonio Carrillo Flores .- Rubric.- The Secretary of National Defense, Marcelino García Barragán .- Rubric.- The Secretary of the Navy, Antonio Vázquez del Mercado .- Rubric.- The Secretary of Finance and Public Credit, Antonio Vázquez del Mercado .- Rubric.- The Secretary of Labor and Social Welfare, Salomón González Blanco.- Rubric.- The Secretary of Labor and Social Welfare, Salomón González Blanco.- Rubric. The Secretary of Finance and Public Credit, Antonio Ortiz Mena .- Rubric.- The Secretary of National Patrimony, Manuel Franco López .- Rubric.- The Secretary of Industry and Commerce, Octaviano Campos Salas .- Rubric.- The Secretary of Agriculture and Livestock, Juan Gil Preciado.- Rubric.- The Secretary of Agriculture and Livestock, Juan Gil Preciado.- Rubric.- The Secretary of National Patrimony, Manuel Franco López .- Rubric.- The Secretary of Industry and Commerce, Octaviano Campos Salas . - The Secretary of Communications and Transportation, José Antonio Padilla Segura .- Rubric.- The Secretary of Public Works, Gilberto Valenzuela .- Rubric.- The Secretary of Hydraulic Resources, José Hernández Terán .- Rubric. -The Secretary of Public Education, Agustín Yañez .- Rubric.- The Secretary of Health and Assistance, Salvador Aceves Parra .- Rubric.- The Secretary of the Presidency, Emilio Martínez Manautou .- Rubric. The Head of the Department of Agrarian Affairs and Colonization, Norberto Aguirre Palancares .- Rubric.- The Head of the Department of Tourism, Agustín Salvat .- Rubric.- The Head of the Department of the Federal District, Alfonso Corona del Rosal .- Rubric.
TRANSITORY ARTICLES OF REFORM DECREES
As of 1998
DECREE amending several legal ordinances.
Published in the Diario Oficial de la Federación on January 23, 1998.
SOLE ARTICLE. Articles 20 and 32, section I, are amended and section I BIS is added to Article 47 of the Mexican Foreign Service Law; Articles 4, section I, 117, 161, first paragraph, and 173, second paragraph, are amended and Article 148 BIS is added to the chapter called "Recruitment" and a subsection F) is added to section II of Article 170 of the Organic Law of the Mexican Army and Air Force; Article 57 is amended and a subsection E) is added to section I of Article 105 of the Organic Law of the Mexican Navy; Article 4, section I of the Code of Military Justice is amended; Article 5 BIS is added to the Military Service Law; Articles 106 and 108 of the Organic Law of the Judicial Power of the Federation are amended; 4, first paragraph, of the Organic Law of the Federal Tax Court; 9, section I, of the Law for the Treatment of Minor Offenders for the Federal District in Common Matters and for the whole Republic in Federal Matters are amended; 20, section a), 22 and 23, in their respective sections I, of the Organic Law of the Federal District Attorney General's Office; 19, 34 and 35, in their respective sections I, of the Organic Law of the Federal District Attorney General's Office; 76, 91, 103, 114 and 120, in their respective paragraphs a), of the Federal Code of Electoral Institutions and Procedures; 22 and 50, in their respective first paragraphs, of the Navigation Law; 7, first paragraph and a second paragraph is added, articles 38 and 40, first paragraph, of the Civil Aviation Law are amended; 189, 216 and 612, section I, of the Federal Labor Law ; 267 of the Social Security Law; 156, section I and 166, second paragraph, of the Law of the Institute of Social Security and Social Services for State Workers; 28, first paragraph, 50, section IV, and repealing section III of article 51 of the Law of the Institute of Social Security for the Mexican Armed Forces; Articles 21, Section I of the Federal Law of Parastatal Entities; 51 of the Regulatory Law of Article 27 of the Constitution on Nuclear Matters; 9, Section I of the Law of the National Human Rights Commission; 8, Section I of the Federal Law of Public Brokerage; 6, second paragraph of the Law of the National Commission of Human Rights; 8, Section I of the Federal Law of Public Brokerage; 6, second paragraph of the Law of the National Commission of Human Rights; 6, second paragraph of the Federal Law of Public Brokerage; 6, second paragraph, of the Organic Law of the National Institute of Anthropology and History; 32, sections I to III, of the Foreign Investment Law; 14, section I, of the General Law that establishes the Bases for Coordination of the National Public Security System; 5o., Section I of the Law of the Energy Regulatory Commission; 10, Section I and 14, Section I of the Law of the Retirement Savings Systems; 12, Section I of the Organic Law of the Agrarian Courts; 39, Section I of the Law of the Bank of Mexico; 26, Section I of the Federal Law of Economic Competition; 121, Section I of the Federal Law of Workers in the Service of the State, Regulatory of Section "B" of Article 123 of the Constitution; and 15, Section I and last paragraph of the Law of the National Banking and Securities Commission, to read as follows:
..........
TRANSITORY
This Decree shall enter into effect on March 20, 1998.
Heladio Ramírez López , Chairman.- Luis Meneses Murillo , Chairman.- José Antonio Valdivia , Secretary.- Jaime Castro López , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree in the residence of the Federal Executive Power, in Mexico City, Federal District, on the thirtieth day of December of the year nineteen hundred and ninety-seven, Ernesto Zedillo Ponce de León .
DECREE amending Article 74 of the Federal Labor Law.
Published in the Diario Oficial de la Federación on January 17, 2006.
ARTICLE ONE.- Article 74 of the Federal Labor Law is amended to read as follows:
..........
TRANSITIONS
ARTICLE ONE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
ARTICLE TWO.- Due to the commemoration in 2006 of the birthday of Don Benito Juárez García, Benemérito de las Américas, Section III shall be effective as of 2007.
Heliodoro Díaz Escárraga , Chairman. Enrique Jackson Ramírez , Chairman.- Dip. Patricia Garduño Morales , Secretary.- Sen. Micaela Aguilar González , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on the sixteenth day of January of the year two thousand six.
DECREE amending several Federal Laws, with the purpose of updating all those articles that refer to the Secretaries of State whose names were modified and to the Government of the Federal District, as well as eliminating the mention of the administrative departments that are no longer in effect.
Published in the Official Gazette of the Federation on April 9, 2012.
ARTICLE FORTY-EIGHT. Articles 126, section VI; 407; 409; 411, first paragraph; 415, section I; 419, sections II and IV; 512-E; 531; 539-A, second paragraph; 549, section III; 622; 623; 625, second paragraph; 633; 637, section II; 650; 656; 660, sections V and IX; 661; 663; 668; 669, section II; 670; 674, section I; 709, section I, subsection b); 845, section II, subsection b), and 1008; of the Federal Labor Law, to read as follows:
..........
TRANSITIONS
First. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. As of the date on which this Decree enters into force, the provisions that contravene or oppose this Decree are hereby repealed.
Guadalupe Acosta Naranjo , Chairman.- Sen. José González Morfín , Chairman.- Sen. Laura Arizmendi Campos , Secretary.- Sen. Renán Cleominio Zoreda Novelo , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on the thirtieth day of March of the year two thousand and twelve.
DECREE amending, adding and repealing several provisions of the Federal Labor Law.
Published in the Official Gazette of the Federation on November 30, 2012.
Sole Article. Articles 2; 3; 4, section I, subsection a); 5, section VII; 25, sections I, II and IV; 28; 35; 43, first paragraph and section II; 47, sections II, VIII, and second, third and fourth paragraphs; 48; 50, section III; 51, section II; 56; 97, section IV; 103 Bis; 110, Sections V and VII; 121, Section II; 132, Sections XVI, XVII, XVIII and XXVI; 133, first paragraph and Sections I and V; 134, Section II; the denomination of Chapter III Bis of Title Four, to become "On Workers' Productivity, Education and Training"; 153-A; 153-B; 153-C; 153-D; 153-E; 153-F; 153-G; 153-H; 153-I; 153-J; 153-K; 153-L; 153-N; 153-Q; 153-S; 153-U; 153-V, first paragraph; 154, first paragraph; 157; 159; 168; 170, sections II and IV; 173; 174; 175; 176; 279, first paragraph; 280; 282; 282; 283, sections II and present IV, V, VI and VII; 284, section III; 285; 311, present second paragraph; 333; 336; 337, section II; 353-A, section II; 353-S; 366, section III and last paragraph; 371, sections IX and XIII; 373; 427, Section VI; 429, Sections I and III; 430; 435, Sections I and II; 439; 476; 490, Section I; 502; 503, Sections I, II, III and IV; 504, Section V; 512-A; 512-B, first and second paragraphs; 512-C, first paragraph; 512-D, first paragraph; 512-F, first paragraph; 513, first paragraph; 514; 515; 521, section I; 523, section V; 527, sections I and II, paragraph 2; 529, sections II, III and V; 532, section IV; 533; the denomination of Chapter IV of Title Eleven, to read "National Employment Service"; 537; 538; 539, sections I, paragraphs b), c), d), e), f) and h), II, paragraphs a), d) and f), III, paragraphs b), c), d) and h); 539-A, first and third paragraphs; 539-B; 541, section VI; 546, sections II and V; 552, section IV; 555, section III; 556, section II; 560, section III; 604; 605, second paragraph; 606, first paragraph; 607; 610, first paragraph and current sections IV and V; 612; 614, first paragraph and section I; 615, first paragraph and sections II, III, IV, VI and VII; 617, first paragraph and section VII; 618, section II; 619, sections I and II; 620, sections I, II, subsection (a), third paragraph, and III; 624; 625, first paragraph; 626, current sections II, III and IV; 627, current sections II, III and IV; 628, sections II, III, IV and V; 629; 630; 631; 632; 634; 637, sections I and II; 642, current section IV; 643, sections I, III and IV; 644, first paragraph and sections I and II; 645, current section IV; 646; 648; 664, first paragraph; 685, first paragraph; 688; the denomination of Chapter II of Title Fourteen, to become "On Capacity, Personality and Legitimation"; 689; 691; 691; 692, sections II and IV; 693; 698, second paragraph; 700, section II, paragraphs a), b) and c); 701; 705, sections I, II and III; 711; 724; 727; 729, first paragraph and section II; 731, Section I; 734; 737; 739, second paragraph; 740; 742, Section XI; 743, Sections II and IV; 753; 763; 772; 773; 773; 776, Section VIII; 783; 784, Sections V, VI, VIII, IX and XIV; 785; 786; 790, Section III; 793; 802, second paragraph; 804, Section IV and last paragraph; 808; 813, sections I, II, and IV; 814; 815, sections II, IV, VI and VII; 816; 817; 823; 824; 825, sections III and IV; 828; 839; 840, sections III, IV and VI; 841; 850; 853; 853; 856, first paragraph; 857, section II; 861, first paragraph and sections II, III and IV; 863; 873; 875, first and second paragraphs; 876, sections I, II and V; 878, sections I, II, V, VII and VIII; 879, first paragraph; 880, first paragraph and sections II and IV; 883; 884, sections I, II, III and current IV; 885, first paragraph; 886; 888, first paragraph and fraction I; 891; 939; 940; 945, first paragraph; 947, fraction IV; 949; 960; 962; 965, fraction II and last paragraph; 966, fraction II; 968; paragraph A, fractions I and III, and paragraph B, fractions I, II and III; 969, fractions I and III; 970; 977, first paragraph; 979, first paragraph; 985, first paragraph; 987; 991, first paragraph; 992; 993; 994; 995; 996; 997; 998; 999; 1000; 1001; 1002; 1003, second paragraph; 1004, sections I, II and III; 1005, first paragraph and 1006; Articles 3o. Bis; 15-A; 15-B; 15-C; 15-D; 22 Bis; 28-A, 28-B; 39-A; 39-B; 39-C; 39-D; 39-E; 39-F; 42, with a section VIII; 42 Bis; 43, with a section V; 47, with a section XIV Bis and a penultimate paragraph; 51, with a section IX; 51, with a section IX, changing the current section IX to become section X; 56 Bis; 83, with a second paragraph, changing the former second paragraph to become the third; 101, with a second paragraph; 121, with a second paragraph to section IV; 127, with a section IV Bis; 132, with sections XVI Bis; XIX Bis, XXIII Bis; XXVI Bis and XXVII Bis; 133, with sections XII, XIII, XIV and XV; 135, with a section XI; 153-F Bis; 170, with a section II Bis; 175 Bis; 279, with a last paragraph; 279 Bis; 279 Ter; 283, with sections IV, IX, X, XI, XII and XIII; 311, with a second paragraph, the previous second paragraph becoming the third; A Chapter XIII Bis called "On Work in Mines", to Title Six, which includes Articles 343-A, 343-B, 343-C, 343-D and 343-E; 357, with a second paragraph; 364 Bis, 365 Bis, 377, with a last paragraph; 391 Bis; 424 Bis; 427, with a section VII; 429, with a section IV; 432, with a third paragraph; 475 Bis; 504, with a last paragraph to section V; 512-D Bis; 512-D Ter; 512-G; 525 Bis; 527, section I, with a numeral 22; 530 Bis; 533 Bis; 539, with sections V and VI; 539-A, with a fourth paragraph, the former fourth paragraph becoming the fifth; 541, with a section VI Bis; 605, with a third and fourth paragraphs; 605 Bis; 610, with a section II, the subsequent sections being deleted; 617, with sections VIII and IX, with the current section VIII becoming X; 618, with a section VIII, with the current section VIII becoming IX; 623, with a first paragraph, the former first paragraph becoming the second; 626, with a section II, the subsequent sections being deleted; 627, with a section III, the subsequent sections being deleted; 627-A; 627-B; 627-C; 641-A; 642, with sections IV, V and VI, renumbering the current sections IV and V as VII and VIII; 643, with a section V, renumbering the current section V as VI; 645, with a section II, repealing the subsequent sections, and a subsection d) to the current section IV; 690, with a second paragraph; 739, with a third and fourth paragraph; 771, with a second paragraph; 774 Bis; 784, with a last paragraph; 815, with sections X and XI; 826 Bis; a Ninth Section, called "Of the Elements Contributed by the Advances of Science", to Chapter XII, of Title Fourteen, which includes articles 836-A, 836-B, 836-C and 836-D; 884, with a section IV; Section IV becomes V; 885, with a second paragraph; Section One, to Chapter XVIII of Title Fourteen, called "Individual Social Security Disputes", which includes articles 899-A to 899-G; 985, with a section III; 995 Bis; 1004-A; 1004-B and 1004-C; and repealing articles 153-O; 153-P; 153-R; 153-V, fourth paragraph; 395, second paragraph; 512-D, second and third paragraphs; 523, section IX; 525; 539, section III, paragraphs a) and e); Chapters X and XI of Title Eleven, comprising Articles 591 to 603; 614, section V; 616, section II; 700, section I; 765; Chapter XVI of Title Fourteen, comprising Articles 865 to 869; 876, section IV; 875, first paragraph, paragraph c); 877; 882; 991, second paragraph; 1004, last paragraph of the Federal Labor Law, to read as follows:
Transitory
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. Employers will have thirty-six months from the entry into force of this Decree to make adjustments to the facilities of the work centers, in order to facilitate the access and development of activities of persons with disabilities.
Likewise, employers will have twelve months from the date this Decree enters into force to proceed with the necessary procedures to affiliate the work center to the Instituto del Fondo Nacional para el Consumo de los Trabajadores (Institute of the National Fund for Workers' Consumption).
Third. The Head of the Federal Executive, the Governors of the States, as well as the Head of Government of the Federal District, within the scope of their respective competencies, will have a term of six months to adapt the corresponding regulations to the provisions contained in this Decree.
Fourth. The Secretary of Labor and Social Welfare must issue the tables of occupational diseases and the valuation of permanent disabilities resulting from occupational risks within a term of six months from the date this Decree enters into effect, while the tables referred to in Articles 513 and 514, which are being amended, continue to be applied.
Fifth. The Federal Entities, within the scope of their respective competencies, will have a term of up to three years to transform the Conciliation Boards into Local Conciliation and Arbitration Boards, for which purpose they must include within their corresponding budgets, sufficient economic resources to guarantee the implementation, functioning and operation. These budgets must be analyzed and approved, as the case may be, by the corresponding Legislative Branch.
Sixth. The Federal and Local Conciliation and Arbitration Boards shall adopt the professional career service referred to in Article 525-Bis of the Law, in accordance with their legal regime as of January 1, 2014.
Seventh. The Presidents of the Federal and Local Conciliation and Arbitration Boards will establish the guidelines for the system of education, training and legal updating of the personnel of their respective Boards within six months after the entry into force of these amendments.
Eighth. The Public Conciliation Service shall be integrated at the latest for the budgetary year following the one in which the present reforms enter into force.
Ninth. The Auxiliary Attorneys for the Defense of Labor who do not have the professional title and certificate referred to in Article 533 will have a term of five years to obtain it, counted as of the effective date of these amendments.
Labor Inspectors who do not have the high school education certificate or its equivalent referred to in Article 546, Section II, shall have a term of three years to obtain it, as of the date these amendments enter into force.
The legal personnel of the Conciliation and Arbitration Boards that do not have the professional title and certificate referred to in Articles 626, Section II; 627, Section II; 627-B, Section II; 628, Section II and 629 will have a term of five years to obtain it, counted as of the effective date of these amendments.
Tenth. The remunerations referred to in Article 631 shall become effective as of the next Federal and State Expenditure Budget.
Eleventh. The lawsuits initiated under the provisions prior to the present reform must be concluded in accordance with them.
Twelfth. The suppression of the Permanent Conciliation Boards will take effect ninety calendar days after the date on which this Decree enters into effect.
The competent authorities shall take the necessary actions so that the matters that are in process are attended by the corresponding Conciliation and Arbitration Boards.
The competent authorities must adopt the corresponding administrative measures with respect to the personnel of the permanent Conciliation Boards that are being terminated.
Thirteenth. The Federal Conciliation and Arbitration Board shall establish the registry of medical experts in the field of occupational medicine referred to in Article 899-G of this Decree, within thirty days following the entry into force of this Decree.
The medical experts in the field of occupational medicine shall have a period of six months from the date the Federal Conciliation and Arbitration Board establishes the registration referred to in the preceding paragraph, to obtain the corresponding registration; after the expiration of the term indicated, the Board shall not receive the expert reports issued by experts who lack registration.
Fourteenth. The expenditures generated by the entry into force of this Decree will be charged to the approved expenditure budget, and therefore no additional resources will be required in the current fiscal year, nor will the regularizable budget be increased.
Mexico City, November 13, 2012 - Deputy Jesus Murillo Karam , Chairman - Sen. Ernesto Javier Cordero Arroyo , Chairman.- Dip. Javier Orozco Gomez , Secretary.- Sen. Lilia Guadalupe Merodio Reza , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on the twenty-ninth day of November of the year two thousand and twelve.
DECREE amending and repealing several provisions of the Federal Labor Law regarding child labor.
Published in the Official Gazette of the Federation on June 12, 2015.
Articles 5, sections I and IV; 22; 22 Bis; 23; 174; 175, first, second and third paragraphs and section IV; 175 Bis, first paragraph and subsection c); 176; 178; 179, 180, first paragraph and section II; 191, 267; 362; 372, first paragraph; 988, first paragraph and 995 Bis; and sections I and II of article 372 of the Federal Labor Law are amended to read as follows:
..........
Transitory
Sole Paragraph. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Julio César Moreno Rivera , Chairman.- Miguel Barbosa Huerta , Chairman.- Luis Antonio González Roldán , Secretary.- Lilia Guadalupe Merodio Reza, Secretary. Lilia Guadalupe Merodio Reza , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on the ninth day of June of the year two thousand fifteen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Miguel Ángel Osorio Chong .- Rubric.
DECREE amending Article 265 of the Federal Labor Law.
Published in the Diario Oficial de la Federación on May 30, 2018.
Sole Article.- Article 265 of the Federal Labor Law is amended to read as follows:
.........
Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 24, 2018.- Sen. Ernesto Cordero Arroyo , Chairman.- Deputy Edgar Romo García , Chairman.- Sen. Itzel Sarahí Ríos de la Mora , Secretary.- Deputy Verónica Bermúdez Torres , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on May twenty-fifth, two thousand and eighteen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Dr. Jesús Alfonso Navarrete Prida .- Rubric.
DECREE enacting the Federal Law of Special Declaration of Absence for Missing Persons, and amending various provisions of the Federal Labor Law; the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Constitution; the Social Security Law; the Law of the Institute of Security and Social Services of State Workers; the General Law of Credit Instruments and Operations; the Law of Credit Institutions and the Agrarian Law.
Published in the Official Journal of the Federation on June 22, 2018.
ARTICLE TWO. Articles 474, first paragraph; 500, first paragraph; 501, first paragraph; 502 and 503, first paragraph and sections I and II are amended ; Articles 132, with a section XXIX; 133, with a section XVI; 141, with a second paragraph to section I, and a second paragraph to section III, the current second paragraph of this last section is amended to become the third paragraph, and 477, with a section V of the Federal Labor Law, to read as follows:
.........
TRANSITIONS
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. The head of the Federal Executive, the governors of the states, as well as the Head of Government of Mexico City, within the scope of their respective competencies, will have a term of six months to adapt the corresponding legal and regulatory systems, in order to comply and harmonize them with the provisions contained in this Decree.
THIRD. The authorities of the Mexican Institute of Social Security, the Institute of Security and Social Services for State Workers and other Social Security institutions must make the corresponding adjustments to their internal regulations during the following six months, counted from the date of issuance of this Decree.
Mexico City, April 26, 2018.- Sen. Ernesto Cordero Arroyo , Chairman.- Deputy Edgar Romo García , Chairman.- Sen. Juan Gerardo Flores Ramírez , Secretary.- Deputy Ernestina Godoy Ramos , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on the thirteenth day of June, two thousand eighteen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Dr. Jesús Alfonso Navarrete Prida .- Rubric.
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, regarding Labor Justice, Union Freedom and Collective Bargaining.
Published in the Diario Oficial de la Federación on May 1, 2019.
ARTÍCULO PRIMERO. SE REFORMAN el párrafo primero y cuarto del artículo 3o.; el inciso a) de la fracción I del artículo 4o.; las fracciones III y VI del artículo 5o.Article 22, second paragraph; Article 28, sections III and V; Article 33, second paragraph; Article 42, section VI; Article 47, third and fifth paragraphs; Article 48, first, third and fifth paragraphs; Article 49, sections II and IV; Article 57, first paragraph; the first paragraph of article 75; article 114; the second paragraph of section IV of article 121; section VI of article 127; section XXVI of article 132; section IV of article 133; article 146; article 152; article 153; the first and second paragraphs of article 153-K; the first paragraph of article 153-Q; article 153-L; article 153-N; article 153-X; article 157; article 158, second paragraph; article 163, section II; article 164; article 176, first paragraph; article 207, first paragraph; article 210; article 211, first paragraph; article 245; article 273, section II; the second paragraph of article 277; the first paragraph of article 278; section II of article 283; the denomination of chapter XIII "Domestic workers"; article 331; the first paragraph of article 332; article 333; article 334; article 336; sections I and III of article 337; section I of article 338; the first paragraph of article 340; article 342; sections I and II of article 343-E; article 353-O; the second paragraph of article 353-R; the first paragraph of article 357; the first paragraph of article 358; article 364; article 364 Bis; the first and second paragraphs, and sections II and III of article 365; the first and second paragraphs of article 365 Bis; the current first and second paragraphs of article 366; article 368; the first and second paragraphs of article 369; sections IX, X and XIII of article 371; the first, current second, third, fourth and fifth paragraphs of article 373; the first paragraph of article 374; the second paragraph of article 376; Section II and the second paragraph of article 377; the first paragraph of article 384; the first and second paragraphs of article 387; sections I and III of article 388; article 389; the first paragraph of article 390; article 391 Bis; article 392; article 395; the first paragraph of article 399; the second paragraph of article 399 Bis; section I of article 401; article 407; article 408; article 409; the first paragraph of article 411; section III of article 412; article 414; sections I, III, IV, V and VI paragraph b) of article 415; article 418; sections II and IV of article 419; the second paragraph of article 419 Bis; the first paragraph of article 421; sections II and IV of article 424; article 424 Bis; the first paragraph of article 426; sections I, II, III, and IV of article 429; article 430; article 431; the first paragraph of article 432; sections I, II and III of article 435; article 439; the first paragraph of article 448; article 449; Sections II and III of Article 451; Section III of Article 459; Section IV of Article 469; Article 476; the second paragraph of Article 483; the first paragraph of Article 490; Article 493; the first paragraph and Sections I, II, III and IV of Article 501; Article 503; the first paragraph of Section V of Article 504; article 505; the second paragraph of article 512-B; the first paragraph of article 512-C; the first paragraph of article 513; the second paragraph of article 514; section III and the second paragraph of article 519; section I of article 521; sections X and XI of article 523; article 525 Bis; the second paragraph of article 527; Article 531; the first, second, third and fourth paragraphs of Article 539-B; Section III of Article 549; the denomination of Chapter XII to become "On the Jurisdiction of the Courts"; the first paragraph of Article 604; the first paragraph of Article 605; the first paragraph of Article 610; the denomination of Chapter I of Title XIII to be renumbered as "On the Procedures for the Appointment of Workers' and Employers' Representatives"; Article 648; Article 650; the first paragraph of Article 658; fractions I, V and IX of Article 660; Article 661; Article 662; Article 666; Article 667; Article 668; Sections I and II of Article 669; Article 670; Article 677; Article 680; the first paragraph and the current second paragraph of Article 685; the second paragraph of Article 686; Article 688; Article 690; the first paragraph of Article 691; Section I of Article 692; Article 693; Article 694; the second paragraph of article 697; article 698; article 699; paragraphs a), b) and c) of section II and sections III, IV, V and VI of article 700; article 701; the second paragraph of article 703; article 704; article 706; the first paragraph of article 709; the denomination of Chapter V, "The Proceedings of the Courts" of Title Fourteen; the first and second paragraphs of Article 712; Article 714; Article 715; Article 717; Article 718; Article 719; Article 720; Article 721; the first paragraph of Article 722; Article 723; Article 724; Article 725; Article 726; Article 727; Article 728; Sections II and III of Article 729; Article 730; the first paragraph and Section I of Article 731; Article 734; Article 737; the first, second and third paragraphs of Article 739; Sections II, III, VI, VIII and XII of Article 742; Sections III, V and VI, and the second paragraph of Article 743; Article 744; Article 745; the first and second paragraphs of Article 746; Section II of Article 747; Article 749; Article 753; Article 757; Article 758; Article 759; the first paragraph of Article 760; the first paragraph of Article 766; Section II of Article 769; the second paragraph of Article 770; the first paragraph of article 771; article 772; article 773; article 774; article 778; article 779; article 782; article 783; the first paragraph and section VI of article 784; the first paragraph of article 785; the first paragraph of article 786; article 787; article 788; article 789; Sections I, II, III, VI and VII of Article 790; the first paragraph of Article 791; Article 793; Article 795; Article 798; the second paragraph of Article 800; Article 801; Article 803; the second paragraph of Article 807; Article 809; Sections I, II, III and IV of Article 813; Article 814; Sections I, II, IV, V, VI, VII, VIII and XI of Article 815; Article 816; Article 817; Article 818; Article 819; Article 821; Article 822; Article 823; Article 824; Sections II, III and IV of Article 825; Article 826; Article 826 Bis; the current first paragraph of Article 827; Article 828; Sections I and II of Article 829; Article 830; Article 831; Article 835; Article 836; Article 836-A; Sections I, IV, V and the second paragraph of Article 836-D; Section III of Article 837; Article 838; Article 839; the first paragraph and Section I of Article 840; Article 841; Article 842; Article 843; Article 844; the first paragraph of Article 847; Article 848; the first paragraph and fraction I of Article 857; Article 858; Article 860; fractions II and IV of Article 861; Article 862; the second paragraph of Article 863; the denomination of Chapter XVII of Title Fifteen, to read "Of the ordinary procedure"; Article 870; Article 871; Article 872; the current first and second paragraphs of Article 873; Article 874; Article 892; Article 893; Article 894; Article 895, first paragraph; Article 896; Article 897; Article 899-A, second paragraph; the first, second, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, twelfth, thirteenth, fourteenth, fifteenth and sixteenth paragraphs of article 899-E; the first and third paragraphs of article 899-F; article 899-G; article 901; the first paragraph of article 902; article 905; sections III, IV, VI and VII of article 906; the first paragraph of article 907; the first paragraph of article 909; article 912; article 913; the first paragraph and section III of article 916; article 919; section II of article 920; the first paragraph of article 921; article 922; article 922; article 923; article 926; sections I and III of article 927; Sections III, IV and V and the second paragraph of Article 928; Article 929; Sections I, II, III, IV and V of Article 930; Section V of Article 931; the first paragraph of Article 932; Article 934; Article 935; Article 936; Article 937; Sections I, II, III and IV of Article 938; the first paragraph of Article 939; Article 940; Article 941; Article 942; Article 943; Article 944; the first and current second paragraphs of Article 945; Article 946; the first paragraph of Article 947; Article 948; Article 949; Article 950; Article 955; Article 956; Article 957; Article 958; Article 962; Sections I, V, VI and VII of Article 963; Sections II and III of Article 964; the second paragraph of Article 965; Sections II and III of Article 966; the second paragraph of Article 967; Sections I and III of paragraph A, Sections I and III of paragraph B and the second paragraph of Article 968; Section I of Article 969; Article 970; Article 971, Sections I, II, III, IV and VI; Article 972; Article 974; Article 975, Section II (a) and (c); Article 977, first paragraph and Sections I, II and V; Article 978; Article 979, first paragraph; Article 980, Sections I, II and III; Article 981, first paragraph; Article 982; Article 983; Article 984; the first paragraph of Article 985; Article 986; the first and third paragraphs of Article 987; Article 988; Article 989; Article 990; Article 991; the first and second paragraphs of Article 992; Article 993; Sections I, II, III, IV, V, VI and VII of Article 994; Article 995; Article 995 Bis; Article 996, Sections I and II; Article 997; Article 998; Article 999; Article 1000; Article 1001; Article 1002; Article 1003; Article 1004; Article 1004-A; Article 1004-B; Article 1004-C; Article 1005, first paragraph; Article 1006 and Article 1008; Article 3o. Ter; Sections XIV and XV of Article 5o.Section X of article 25; the third paragraph of article 33; the seventh paragraph of article 48; article 48 Bis; the second and third paragraphs of article 49; the third and fourth paragraphs of article 101; the second paragraph of section V of article 110; sections XXX, XXXI, XXXII and XXXIII of article 132; Sections XVII and XVIII of Article 133; Sections XII, XIII, XIV and XV, and a third paragraph of Article 153-K; the second paragraph of Article 183; Article 245 Bis; Article 279 Quater; Article 280 Bis; Section XIV of Article 283; Section IV of Article 337; Section III and the second paragraph of Article 343-E; the second and third paragraphs, and the second to the fourth paragraph of Article 357, of Article 357 Bis; Sections I, II, III and IV of Article 358; the second paragraph of Article 360; the second paragraph of Article 364; the second and third paragraphs of article 364 Bis; section VIII and the fourth and sixth paragraphs, and the fourth paragraph is moved to the fifth paragraph, of article 365 Bis; the second paragraph, and the second and third paragraphs are moved to become the third and fourth paragraphs, of article 366; section III of article 369; Sections IX Bis, IX Ter and XIV Bis of Article 371; Article 371 Bis; the second and third paragraphs, the numbering of the previous paragraphs being changed from the second to the fourth to become the fourth, fifth, sixth and seventh, the eighth paragraph, the last paragraph being changed to become number nine of Article 373; Sections IV and V of Article 374; Sections III, IV, V, VI, VII and VIII and the second paragraph of Article 378; Article 386 Bis; the third paragraph of Article 387; the second paragraph of Article 388; the third paragraph with paragraphs a), b), c) and d) and the fourth paragraph of Article 390; Article 390 Bis; Article 390 Ter; the second, third and fourth paragraph of Article 391; Article 399 Ter; Article 400 Bis; the second and third paragraph of Article 416; Section V of Article 419; the third and fourth paragraph of Article 518; Section III of Article 521; Sections II Bis and II Ter of Article 523; the third paragraph of Article 527; Sections IV and V of Article 530; Sections V Bis and VI Ter of Article 541; Chapter IX Bis called "Federal Center for Conciliation and Labor Registration"; which includes Article 590-A; Article 590-B; Article 590-C; Article 590-D; Chapter IX Ter called "Of the Conciliation Centers of the Federal States and Mexico City"; which includes Article 590-E; Article 590-F; the second paragraph of Article 604; Title Thirteen Bis; Chapter I, entitled "Preliminary Conciliation Procedure"; article 684-A; article 684-B; article 684-C; article 684-D; article 684-E; Chapter II entitled "Conciliators"; article 684-F; article 684-G; article 684-H; article 684-I; article 684-J; Chapter III entitled "On the procedure for the selection of conciliators"; Article 684-K; Article 684-L; Article 684-M; Article 684-N; Article 684-O; Article 684-P; Article 684-Q; Article 684-R; Article 684-S; Article 684-T; Article 684-U; the second paragraph, and the second to the third paragraph, of Article 685; Article 685 Bis; Article 685 Ter; the third and fourth paragraphs of Article 690; Article 705 Bis; Article 706 Bis; Article 707 Bis; Article 707 Ter; Article 709-A; Article 709-B; Article 709-C; Article 709-D; Article 709-E; Article 709-F; Article 709-G; Article 709-H; Article 709-I; Article 709-J; the third, fourth and fifth paragraphs of Article 712; Article 712 Bis; Article 712 Ter; the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh and twelfth paragraphs of Article 720; the second and third paragraphs of article 721; the second paragraph of article 726; the fourth, fifth and seventh paragraphs, going from the fourth to the sixth paragraph, of article 739; article 739 Bis; article 739 Ter; section XIII of article 742; Article 742 Bis; Article 742 Ter; the third and fourth paragraphs of Article 743; the third paragraph of Article 744; Article 744 Bis; Article 745 Bis; Article 745 Ter; sections III and IV and the second paragraph of Article 747; the second paragraph of Article 753; the third and fourth paragraphs, the third to fifth paragraphs of article 763; article 763 Bis; sections IX and X of article 776; the second paragraph of article 778; the second paragraph of article 782; the second paragraph of article 783; the second and third paragraphs of section VI of article 784; the second and third paragraphs, and the second paragraph is moved to the fourth paragraph of article 785; the second and third paragraphs with four clauses of article 787; the second paragraph of article 788; article 790 Bis; the second and third paragraphs of section III and the first paragraph, and the first paragraph is moved to the second paragraph, of article 813; the second, third and fourth paragraphs of section V, sections XII and XIII and the second paragraph of article 815; the second paragraph of article 824; article 824 Bis; the second paragraph of article 827; three clauses to section I, and two clauses to section II of article 829; Subsection q) of article 836-B; the third paragraph of section I of article 836-D; sections III and IV of article 857; the second, third and fourth paragraphs of article 858; the second paragraph of article 870; article 870 Bis; the second paragraph with six subsections and the third paragraph of article 871; paragraphs A with seven sections and section B with three sections of article 872; the second, fourth, fifth and sixth paragraphs, and the second paragraph is deleted to become the third paragraph, of article 873; article 873-A; article 873-B; article 873-C; article 873-D; article 873-E; article 873-F; article 873-G; article 873-H; article 873-I; article 873-J; article 873-K; the second, third and fourth paragraphs of article 893; the second and third paragraphs of article 894; the second paragraph of article 895; article 897-A; article 897-B; article 897-C; Article 897-D; Article 897-E; Article 897-F; Article 897-G; the thirteenth and fifteenth paragraphs of Article 899-E; the second, third, fourth, fifth, sixth, seventh and eighth paragraphs of Article 905; Sections IV, V and VI of Article 920; the third paragraph of Article 921; Article 921 Bis; Section V of Article 927; Sections VI, VII, VIII, IX, X, XI and XII of Article 931; the second paragraph of Article 939; the second and third paragraphs of Article 945; the second paragraph of Article 949; Sections IV and V of Article 964; Article 966 Bis; Article 966 Ter; Article 991 Bis; Section VIII of Article 994 and the second and third paragraph of Article 1005; Article 353-S; Article 353-T; Article 367; Sections I and II of Article 421; Section XII of Article 523; Article 530 Bis; Section V of Article 541; the second, third and fourth paragraphs of Article 605; Article 605 Bis; Article 606; Article 607; Article 608; Article 609; Sections I, II, III, IV, V and VI of Article 610; Article 611; Article 612; Article 613; Article 614; Article 615; Article 616; Article 617; Article 618; Article 619; Article 620; Article 621; Article 622; Article 623; Article 624; Article 625; Article 626; Article 627; Article 627-A; Article 627-B; Article 627-C; Article 628; Article 629; Article 630; Article 631; Article 632; Article 633; Article 634; Article 635; Article 636; Article 637; Article 638; Article 639; Article 640; Article 641; Article 642; Article 643; Article 644; Article 645; Article 646; Article 647; Article 649; Article 651; Article 656; Article 659; Article 663; Article 664; Article 665; Article 671; Article 672; Article 673; Article 674; Article 675; Article 705; Article 707; Article 708; Sections I, II, III and IV of Article 709; article 710; section IV of article 743; sections IV and V of article 790; second paragraph of article 791; sections IX and X of article 815; sections I and V of article 825; sections III and IV of article 829; article 845; article 846; second paragraph of article 847; Article 849; Article 850; Article 851; Article 852; Article 853; Article 854; Article 855; Article 856; Article 864; Article 875; Article 876; Article 878; Article 879; Article 880; Article 881; Article 883; Article 884; Article 885; Article 886; Article 887; Article 888; Article 889; Article 890; Article 891; Sections I, II, III and IV of Article 895; Article 898; Article 899; the third paragraph of Article 899-A; the third, fourth and fifth paragraphs of Article 899-E, with the subsequent paragraphs being renumbered; Section VIII of Article 906; Article 908; Article 915; Article 917; Article 918; Section I of Article 928; Section VI of Article 930 and Section I of Article 931 of the Federal Labor Law, to read as follows:
.........
TRANSITIONS
First. Effective date. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. Deadline to issue the Organic Law of the Federal Center. Within one hundred and eighty days after the entry into force of this Decree, the Congress of the Union will issue the Organic Law of the Federal Center for Labor Conciliation and Registration.
Third. Deadline for the beginning of the functions of the Registration Authority. The Federal Center for Labor Conciliation and Registration will begin its functions regarding the registration of union associations and collective bargaining agreements within a period of no more than two years from the entry into force of this Decree, taking into account budgetary possibilities.
On the day following the suspension of the registration service of the Conciliation and Arbitration Boards, the Ministry of Labor and Social Welfare and, as the case may be, the Executive Branches of the Federal Entities, will start operations of the Federal Center for Labor Conciliation and Registration.
Until such time as the Federal Center for Labor Conciliation and Registration begins its registration functions, the Conciliation and Arbitration Boards, as well as the Ministry of Labor and Social Welfare will continue with the registration functions set forth in the Federal Labor Law in effect at the time this Decree enters into force.
Fourth. Transfer of Registration Files. For purposes of the transfer of registration files of union associations, collective bargaining agreements, internal labor regulations and related administrative procedures, the Conciliation and Arbitration Boards, the Ministry of Labor and Social Welfare and the Executive Branches of the Federal Entities must submit to the Federal Center for Labor Conciliation and Registration a complete list of all files and records in their possession, with electronic support of each record or file, at least six months prior to the commencement of their functions.
To this effect, said authorities shall establish and disseminate the dates on which they will suspend their registry functions and begin those of the Federal Center referred to, guaranteeing that the rights of the interested parties will not be affected.
The physical transfer of the files of all federal and local agencies must be completed within a period of no more than one year after the beginning of the registry functions of said Federal Center; said Center will establish the appropriate coordination mechanisms with the referred authorities and will issue the necessary guidelines to guarantee that the transfer of files and records is carried out under conditions that provide security, certainty, accuracy, transparency, publicity and reliability to the handover-reception procedure.
Fifth. Deadline for the commencement of functions of the Local Conciliation Authority and Local Courts. The local Conciliation Centers and the Courts of the Judiciary of the Federal Entities shall begin operations no later than October 3, 2022, in terms of what is established by their own regulations and budgetary possibilities, as determined by their local powers. The local Conciliation Centers shall start operating in each federal entity on the same date on which the Local Courts do so, in accordance with the provisions set forth in this Decree.
Article amended DOF 18-05-2022
Sixth. Term for the commencement of functions of the Federal Conciliation Authority and Federal Courts. Within a maximum period of four years from the entry into force of this Decree, each delegation or regional office of the Federal Conciliation and Labor Registry Center will begin processing conciliation requests that fall within its jurisdiction at the same time that the Courts of the Federal Judicial Branch begin their operation in the judicial circuit to which they correspond. Each judicial circuit will begin its functions in the order and sequence determined in the declarations issued by the Senate of the Republic, upon proposal of the Council of the Federal Judiciary, in accordance with the provisions set forth in this Decree.
Seventh. Matters in Process. Proceedings pending before the Ministry of Labor and Social Welfare and the federal and local Conciliation and Arbitration Boards will be concluded by the latter in accordance with the provisions in effect at the time they were initiated.
The Federal Center for Labor Conciliation and Registration and the Local Conciliation Centers will not admit for processing requests for conciliation hearings or summons with respect to proceedings before the Conciliation and Arbitration Boards, including enforcement proceedings, and such requests will be filed.
Eighth. Matters initiated after the Decree. The federal and local Conciliation and Arbitration Boards, as well as the Ministry of Labor and Social Welfare, as the case may be, will continue to hear individual, collective and registry proceedings initiated after the entry into force of this Decree, until such time as the federal and local courts and Conciliation Centers begin to operate, in accordance with the terms set forth in the transitory provisions of this Decree.
Until such time as the Conciliation Centers become operational, the Labor Defense Attorney's Office will retain the power to summon the employers or unions to settlement or conciliation meetings, warning them that if they do not appear at such proceedings, they will be subject to the enforcement measure referred to in section I of Article 731 of the Federal Labor Law, the measure of constraint referred to in Section I of Article 731 of the Federal Labor Law will be imposed on them, under the condition that if the applicant of the service does not attend the settlement or conciliation meeting, he will be deemed to have withdrawn his request without liability for the Office, unless he proves that there was a justified cause for not appearing.
Said procedures will be processed in accordance with the provisions of the Federal Labor Law and other laws in force prior to this Decree. For such purposes they will be provided with the necessary budgetary resources.
Ninth. Non-Appropriateness of Accumulation of Proceedings. When a lawsuit is being processed in accordance with the provisions of the Federal Labor Law in force prior to the entry into force of this Decree and another is being processed in accordance with the provisions of this Decree, the joinder of lawsuits will not be applicable.
Tenth. Processing of Proceedings and Trials. Once the Conciliation Centers and Tribunals are in operation, proceedings and trials will be heard before them in accordance with this Decree, as applicable.
Eleventh. Legitimation of Collective Bargaining Agreements. In order to comply with the mandate of Article 123, paragraph A, section XVIII, second paragraph and XX Bis of the Constitution and the international commitments assumed by the Mexican State, existing collective bargaining agreements must be reviewed at least once during the four years following the entry into force of this Decree.
Such contract revisions must be filed with the Federal Center for Labor Conciliation and Registration (Centro Federal de Conciliación y Registro Laboral). Such Center will verify that the employees have been informed of the content of the collective bargaining agreement and that they were given a printed copy of the same by the employer; likewise, that this agreement has the support of the majority of the employees by means of a personal, free and secret vote.
The consultation with the workers shall be carried out in accordance with the procedure established in Article 390 Ter of this Law.
If at the end of the term set forth in the first paragraph of this article the collective bargaining agreement subject to consultation does not have the majority support of the workers or if the aforementioned consultation is omitted, it will be considered terminated, and the benefits and working conditions contemplated in the collective bargaining agreement subject to review, which are superior to those established in this Law, which will be of mandatory application for the employer, will be retained for the benefit of the workers.
Until such time as the Federal Center for Labor Conciliation and Registration is in operation, the Secretary of Labor and Social Welfare will establish the protocol to carry out the verification of the consultation referred to in this transitory article and will provide the necessary measures for its implementation, within a period of three months following the entry into force of this Decree. The Federal Conciliation and Arbitration Board will have the participation established by said protocol.
Twelfth. Provisions for the implementation of the Reform. The Congress of the Union and the Legislatures of the states must allocate the necessary resources for the implementation of the reform of the labor justice system.
Thirteenth. Implementation and Training. In the implementation of the provisions referred to in this Decree and henceforth, the Conciliating Authorities and the Courts of the Federal Judicial Power and of the federal entities, shall incorporate in their education and training programs, methodologies and contents to provide attention and advice on the protection of human rights to persons in vulnerable situations.
Fourteenth. First Session of the Governing Board of the Federal Center. The head of the Ministry of Labor and Social Welfare, in his capacity as Chairman of the Governing Board of the Federal Center for Labor Conciliation and Registration shall convene the first session of said body within ninety calendar days following the date of appointment of its head.
Fifteenth. Personnel Selection Contests. The calls for competitions for the selection of personnel of the Federal Center for Labor Conciliation and Registration, of the Local Conciliation Centers and of the Courts of the Federal Judicial Branch and of the federal entities will be of an open nature and will guarantee the right to participate in equal opportunities to the personnel of the Conciliation and Arbitration Boards.
Sixteenth. Work Plan and Program for the Conclusion of pending matters. Within one hundred and twenty calendar days following the approval of this Decree, the Federal Conciliation and Arbitration Board and the Local Conciliation and Arbitration Boards will submit to the Coordination Council for the Implementation of the Reform of the Labor Justice System, a work plan with its respective program for the conclusion of the matters in process and the effective execution of the awards as well as for the gradual and gradual closing and conclusion of the work of said bodies.
The work plans and programs shall contain results and performance indicators for semi-annual periods. The Internal Control Organ of each Conciliation and Arbitration Board shall be responsible for measuring the results and impact referred to in the preceding paragraph.
Seventeenth. Inter-institutional coordination for the implementation of the reform. The Coordination Council for the Implementation of the Reform to the Labor Justice System is created as a national consultation, planning and coordination body that will have the purpose of establishing the national policy and coordination necessary to implement at the federal and local levels the Labor Justice System under the terms set forth in this Decree, with full respect for the powers of the Federal and Local Powers.
The Council shall meet in ordinary session at least three times a year and in extraordinary session as often as necessary for the fulfillment of its purposes. The meetings will be presided over by the Head of the Ministry of Labor and Social Welfare and, in his/her temporary absence, by the person designated by him/her. The positions held by the members of the Council will be of an honorary nature, for which reason they will not receive any remuneration for their participation in the Council.
The Board shall be composed of:
I. Federal Executive Branch:
a) The Head of the Ministry of Labor and Social Welfare; and
b) The person Head of the Ministry of Finance and Public Credit.
The absence of these shall be substituted by the public servants they designate, with an immediate lower hierarchical level.
II. A representative of the Federal Judiciary appointed by the President of the Supreme Court of Justice of the Nation;
III. A representative of the National Conference of Governors;
IV. One representative of the National Commission of Superior Courts of Justice, and
V. A representative of the National Conference of Secretaries of Labor.
In order to fulfill its purpose, the Board shall have the following attributions:
I. To issue the agreements, guidelines, norms, procedures and other regulatory instruments necessary for the due fulfillment of its purpose, binding on its members;
II. To elaborate the policies, programs and mechanisms necessary to implement, at the federal and local levels, a national strategy for the implementation of the Labor Justice System, which contemplates the programming of commitments and stages of development;
III. To design criteria for the implementation of the legal and regulatory adjustments necessary to comply with its purpose;
IV. Propose to the corresponding authorities the organizational changes, construction and operation of the infrastructure required;
V. To issue guidelines for the evaluation and follow-up of the actions derived from the policies, programs and mechanisms indicated in section II of this article;
VI. Assist in the preparation of training and dissemination programs on the Labor Justice System aimed at judges, labor prosecutors, public defenders and advisors, conciliators, experts, attorneys, public servants involved, representatives of workers and employers, educational institutions, as well as society in general;
VII. To cooperate with the Congress of the Union, the Legislatures of the Federal Entities, in the follow-up and evaluation of the budgetary resources exercised in the implementation and operation of the Labor Justice System;
VIII. To elaborate the criteria for the subscription of inter-institutional collaboration agreements, as well as coordination agreements with the governments of the Federal Entities and international cooperation agreements;
IX. To analyze the reports submitted by the Technical Secretariat on the progress of its activities;
X. To interpret the provisions of this article and its legal scope, as well as to resolve consultations arising from its application; and
XI. Such others as may be required for the fulfillment of its purpose.
The Council will have a Technical Secretariat, under the Ministry of Labor and Social Welfare, which will operate and execute the agreements and determinations made by the Council, as well as assist and provide the support required by the corresponding authorities and instances for the implementation of the Labor Justice System. Said Technical Secretariat will be in charge of a public servant at the level of Unit Head, appointed and, as the case may be, removed by the head of the Ministry of Labor and Social Welfare.
Within forty-five days after the entry into force of this Decree, the Secretary of Labor and Social Welfare will issue the operating guidelines and the call for the first meeting of this Council.
Eighteenth. Reduction of the backlog. Public agencies and entities shall establish internal conciliation instances to conclude the backlog of lawsuits processed before the Conciliation and Arbitration Boards.
Nineteenth. Provisions for the conclusion of social security conflicts. The social security institutes must adopt the necessary administrative provisions to establish internal instances for the self-composition in the individual social security conflicts referred to in this Decree.
Twentieth. Protection of Workers' Rights. The labor rights of the workers of the institutions involved in this transition shall be fully respected. The authorities will carry out all actions of an administrative nature to guarantee that social security rights are protected and preserved, in accordance with the applicable laws.
Twenty-first. Implementation of Information Technology. The Courts, as well as the Conciliation Centers referred to in this Decree, must have electronic systems to guarantee that the procedures in their charge are agile and effective. Likewise, they must create the electronic platforms that will house the electronic mailboxes and digital applications necessary to operate the connectivity by electronic means with the labor authorities.
Twenty-Second. Term for compliance with the provisions of Articles 390 Bis and 390 Ter. The trade union organizations will have a maximum term of one year as of the entry into force of this Decree to adapt their consultation procedures to the rules set forth in Articles 390 Bis and 390 Ter of the Federal Labor Law.
Twenty-third. Adequacy of the union bylaws. The provisions set forth in Article 371 of the Federal Labor Law for the election of union officers by means of a free, direct and secret personal vote of the workers will become effective within a period of two hundred and forty days from the entry into force of this Decree. Likewise, within the same term the union organizations must adapt their bylaws to the provisions set forth in said article and other applicable provisions of the aforementioned Law.
Twenty-fourth. Declaration by the Chamber of Senators and the Local Congresses. The Courts of the Judicial Power of the Federation and the Federal Center for Labor Conciliation and Registration will begin to operate in each state once the Chamber of Senators issues the corresponding declaration. The Local Courts and the Local Conciliation Centers will become effective once the respective Local Legislature issues the corresponding declaration.
The foregoing shall be published in the corresponding official media.
Twenty-fifth. Domestic workers. Section IV of Article 337 of this Decree regarding domestic work will become effective once the regulatory adjustments necessary for the formal incorporation of domestic workers into the mandatory social security regime are approved and enter into force, pursuant to the resolution of Amparo Directo 9/2018 (related to Amparo Directo 8/2018), issued by the Second Chamber of the Supreme Court of Justice of the Nation. Those domestic workers who are registered with the Mexican Social Security Institute will not be subject to Articles 338 and 339 of this Law.
Twenty-sixth. Social security platform for consultation by the Court. The computer platform referred to in Article 899-E will be operated by the corresponding public social security institutions.
The databases belonging to each institution will be linked to each other and must be concentrated in said platform for immediate consultation by the Court that requires it. The social security institutions and the federal and local Judicial Powers will sign the necessary collaboration agreements for the adequate operation of the platform, as well as for the protection of the personal data it concentrates.
The information contained in the platform must be updated and duly registered by each social security institution.
The platform must enter into operation no later than two years after the entry into force of this Decree; therefore, the social security institutions must take the appropriate measures for its implementation within the required term.
Twenty-seventh. Workers' and Employers' Representatives before the Conciliation and Arbitration Boards. In the event it is necessary to appoint a representative of workers or employers before the Conciliation and Arbitration Boards while they continue to operate, the head of the Ministry of Labor and Social Welfare will make the corresponding appointments for the period necessary for the aforementioned bodies to conclude their functions.
Likewise, if the workers' and employers' representatives incur in any type of liability, the penalties contained in the Federal Labor Law in force will be applicable.
Twenty-eighth. Explicit and tacit repeal of incompatible precepts. The legal, administrative and regulatory provisions that oppose those contained in this Decree are hereby repealed.
Mexico City, April 29, 2019.- Deputy Porfirio Muñoz Ledo , Chairman.- Sen. Martí Batres Guadarrama , Chairman.- Deputy Karla Yuritzi Almazán Burgos , Secretary.- Sen. Antares G. Vázquez Alatorre , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on April 30, 2019.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE adding various provisions of the Social Security Law, the Law of the Institute of Security and Social Services for State Workers and the Federal Labor Law.
Published in the Diario Oficial de la Federación on June 4, 2019.
Article Three.- A section IX is added to article 42; a section XXIX Bis to article 132 and article 170 Bis to the Federal Labor Law, to read as follows:
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Transitory
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The resources for the fiscal year 2019 will be obtained from the sections specified in this Decree and subsequently the resources required must be guaranteed, labeled and provisioned in advance by the Ministry of Finance and Public Credit in the Expenditure Budgets of the Federation for the corresponding fiscal years, and with the understanding that the implementation of such program will not impact in any way the worker-employer contributions collected by the Social Security Institutes of the Federal Government.
Mexico City, April 29, 2019.- Deputy Porfirio Muñoz Ledo , Chairman.- Sen. Martí Batres Guadarrama , Chairman.- Deputy Karla Yuritzi Almazán Burgos , Secretary.- Sen. Antares G. Vázquez Alatorre , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on May 30, 2019.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE amending, adding and repealing several provisions of the Federal Labor Law and the Social Security Law, regarding domestic workers.
Published in the Diario Oficial de la Federación on July 2, 2019.
Article One. Section I of article 5 is amended; the first paragraph and section IV of article 49; the denomination of chapter XIII of Title Six, article 331; the first paragraph is amended, as well as the current section I to become section II of article 332; Article 333; Article 335; the first paragraph of Article 336; the first paragraph of Article 341; Article 342; Article 343; Section II of Article 542; adding Sections I, II and III to Article 331; an Article 331 Bis; an Article 331 Ter; a section I to article 332, a second paragraph to article 333, a first and second paragraph, the current first one becoming the third and a fourth paragraph is added to article 334; an article 334 Bis; a second, third and fourth paragraph to article 336; An article 336 Bis; an article 337 Bis; a second and third paragraph are added to article 341; a second paragraph to article 542, the current section II of article 332, articles 338, 339 and 340 of the Federal Labor Law are repealed, to read as follows:
........
Transitory
First.- To be published in the Official Gazette of the Federation.
Second. In compliance with the resolution of Amparo Directo 9/2018 (related to Amparo Directo 8/2018), issued by the Second Chamber of the Supreme Court of Justice of the Nation, and derived from the results yielded by the evaluation of the so-called Pilot Program implemented by the Mexican Social Security Institute since April 1, 2019, in terms of the obligation thus imposed by the highest Constitutional Court to the referred Institute, The latter must share with the Legislature a preliminary report, once the 18 months of said Program have elapsed, in which it will include in general terms the progress achieved and problems encountered, which will serve as a basis for the legal initiatives that will define in greater detail in due time the aspects of supervision, inspection, minimum wages per trade, as well as the administrative formalities deemed necessary to achieve the certainty and full effectiveness required.
Third: As a consequence of what is referred to in the preceding transitory provision, the provisions related to the formal incorporation of domestic workers to the mandatory social security system will become effective once the necessary legal adjustments and reservations are made to fully implement the recognition of the right referred to in this Decree, which must be fully completed within a term not to exceed 6 months as from the completion of the Pilot Program and delivery to the Legislature of the report referred to in the preceding provision.
Fourth: Until such time as the provisions contained in this Decree concerning the Social Security Law come into effect to include domestic work in the mandatory regime, the employer will guarantee medical care and burial expenses.
Mexico City, May 14, 2019.- Deputy Porfirio Muñoz Ledo , Chairman.- Sen. Martí Batres Guadarrama , Chairman.- Deputy Karla Yuritzi Almazán Burgos , Secretary.- Sen. Antares G. Vázquez Alatorre , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on July 1, 2019.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE reforming article 311 and adding chapter XII Bis of the Federal Labor Law, regarding Telework.
Published in the Official Gazette of the Federation on January 11, 2021.
Sole Article.- Article 311 is amended; and a Chapter XII Bis is added with Articles 330-A; 330-B; 330-C; 330-D; 330-E; 330-F; 330-G; 330-H; 330-I; 330-J and 330-K of the Federal Labor Law, to read as follows:
........
Transitory
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Federal Executive Power will have a period of eighteen months counted from the entry into force of this Decree, to publish an Official Mexican Standard that governs the obligations in matters of safety and health at work for teleworking, in accordance with the provisions of Article 330-J.
Dulce María Sauri Riancho , President.- Sen. Oscar Eduardo Ramírez Aguilar , President.- Sen. Julieta Macías Rábago , Secretary. Lilia Margarita Valdez Martínez , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on January 6, 2021.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE amending and adding Article 90 of the Federal Labor Law.
Published in the Official Gazette of the Federation on March 30, 2021.
The first, second and third paragraphs are amended and a fourth paragraph is added to Article 90 of the Federal Labor Law, to read as follows:
........
Transitory
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. All provisions that oppose this Decree are hereby repealed.
Oscar Eduardo Ramírez Aguilar , Chairman.- Dulce María Sauri Riancho , President.- María Merced González González , Secretary.- María Guadalupe Díaz Avilez , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on March 26, 2021, - Andrés Manuel López Obrador - Rubric - The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila - Rubric.
DECREE amending, adding and repealing several provisions of the Federal Labor Law; of the Social Security Law; of the Law of the National Workers' Housing Fund Institute; of the Federal Tax Code; of the Income Tax Law; of the Value Added Tax Law; of the Federal Law of State Workers, Regulatory of Section XIII Bis of Section B of Article 123 of the Constitution; of the Law Regulating Section XIII Bis of Section B of Article 123 of the Constitution; of the Law of the National Workers' Housing Fund Institute; of the Federal Tax Code; of the Income Tax Law; of the Value Added Tax 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 Regulatory Law of Section XIII Bis of Section B, of Article 123 of the Political Constitution of the United Mexican States, in matters of Labor Subcontracting.
Published in the Official Gazette of the Federation on April 23, 2021.
Article One. Articles 12; 13; 14; 15; 127, first paragraph; 1004-A, and 1004-C are amended; a third paragraph is added to Article 41; a section VIII is added to Article 127, and Articles 15-A; 15-B; 15-C, and 15-D of the Federal Labor Law are repealed, to read as follows:
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Transitory
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation, with the exception of the provisions of Articles Four, Five and Six of this Decree, which shall enter into force on September 1, 2021, and the provisions of Articles Seven and Eight of this Decree shall enter into force in fiscal year 2022.
Article amended DOF 31-07-2021
Second. Within 30 calendar days following the entry into force of this Decree, the Secretary of Labor and Social Welfare shall issue the general provisions referred to in Article 15, paragraph six, of the Federal Labor Law.
Third. As of the effective date of this Decree, individuals or legal entities that provide subcontracting services must obtain the registration before the Ministry of Labor and Social Welfare provided for in Article 15 of the Federal Labor Law no later than September 1, 2021.
Article amended DOF 31-07-2021
Fourth. For purposes of the provisions of the third paragraph of Article 41 of the Federal Labor Law, in the case of companies that operate under a subcontracting regime, the transfer of the assets of the company or establishment will not be required until September 1, 2021, provided that the contractor transfers the workers to the beneficiary within such term. In any case, the labor rights, including their seniority, which would have been generated by the effect of the employment relationship, must be recognized.
Article amended DOF 31-07-2021
Fifth. Those employers who, in terms of the second paragraph of Article 75 of the Social Security Law, prior to the entry into force of this Decree, had requested to the Mexican Social Security Institute the assignment of one or more employer registrations by class, of those indicated in Article 73 of the Social Security Law, to register their workers at the national level, will have until September 1, 2021 to cancel such employer registrations and, if applicable, request the Institute to grant them an employer registration in terms of the provisions of the Regulations of the Social Security Law regarding Affiliation, Classification of Companies, Collection and Taxation.
Amended paragraph DOF 31-07-2021
At the end of this period, those employer registrations by class that have not been cancelled will be cancelled by the Mexican Social Security Institute.
Sixth. Individuals or legal entities that provide specialized services or execute specialized works, must begin to provide the information referred to in sections I and II of Article 15 A of the Social Security Law, and will have until September 1, 2021 to provide it. The information referred to in section III of said article must be submitted once the Secretary of Labor and Social Welfare makes available to such persons the mechanism for obtaining the reference document.
Article amended DOF 31-07-2021
Seventh. For purposes of the Social Security Law, from the entry into force of this reform and until September 1, 2021, the migration of workers from companies that operated under the labor subcontracting regime will be considered as employer substitution, as long as the company to which the workers are sent recognizes their labor rights, including their seniority and the work risks terminated, before the corresponding legal instances.
Amended paragraph DOF 31-07-2021
In these cases, the following rules shall apply for the purpose of determining the class, fraction and premium of the Occupational Risks Insurance:
1.- The company that absorbs the workers must classify itself in accordance with the criteria set forth in Articles 71, 73 and 75 of the Social Security Law, and in accordance with Articles 18, 20 and the Catalog of Activities set forth in Article 196, all of the Regulations of the Social Security Law regarding Affiliation, Classification of Companies, Collection and Taxation, The premium with which the company that had the workers registered with the IMSS had been paying must be maintained, provided that said company has been correctly classified in accordance with the risks inherent to the activity of the business in question and the applicable regulatory provisions, otherwise it must pay the average premium of the corresponding class.
2.- In the case of a company that absorbs the workers of another or other companies, with the same or different classes, and that by virtue thereof must adjust their classification to the new activities to be carried out; the class and fraction shall be determined according to the risks inherent to the activity of the negotiation in question and the premium shall be obtained by applying the following procedure:
a) For each employer registry, both of the absorbing company and of the other company or companies to be substituted, the premium assigned will be multiplied by the total of the base contribution wages of the workers included therein. The contribution base salary to be considered will be that of the month prior to the month in which the substitution is communicated to the Institute.
b) The products obtained in accordance with the preceding paragraph shall be added together and the result shall be divided by the sum of the contribution base salaries of all the workers included in all the employer's records.
c) The premium thus obtained shall be applied to the employer's record of the company absorbing the workers and shall be in force until the last day of February following the substitution.
d) For purposes of determining the premium for the following year, the company absorbing the workers must consider the terminated occupational risks that would have occurred to such workers in the corresponding year.
The foregoing, provided that the companies to be replaced have been correctly classified in accordance with the risks inherent to the activity of the business or businesses in question and the applicable regulatory provisions, otherwise they must pay the average premium of the corresponding class.
The companies that have, as of the date of entry into force of these provisions, a Medical Services Subrogation Agreement with Reversal of Fees in force, and that in terms of these provisions carry out an employer substitution, will not be subject to modification of the conditions agreed therein. Once the term of 90 calendar days has expired, the rules set forth in the Social Security Law and in the Regulations of the Social Security Law regarding Affiliation, Classification of Companies, Collection and Taxation will apply.
Eighth. Within 60 calendar days after the entry into force of this Decree, the Instituto del Fondo Nacional de la Vivienda para los Trabajadores shall issue the rules establishing the procedures referred to in Article 29 Bis, second paragraph, of the Law of the Instituto del Fondo Nacional de la Vivienda para los Trabajadores.
Individuals or legal entities that provide specialized services or perform specialized works, must begin to provide the information referred to in paragraph f) of Article 29 Bis, once the Ministry of Labor and Social Welfare makes available to such persons, the mechanism for obtaining the reference document.
Ninth. Criminal conduct committed prior to the entry into force of this Decree shall be punished in accordance with the legislation in force at the time of the commission of the acts.
Tenth. The agencies and entities of the Federal Public Administration involved in the implementation of this Decree will take the necessary actions so that the expenditures generated by the entry into force and implementation of this Decree will be charged to the budget approved for each of them in the current fiscal year and subsequent years, and therefore will not require additional resources to pay for them and will not increase their regularizable budget for the current fiscal year or subsequent years.
Dulce María Sauri Riancho , President.- Sen. Oscar Eduardo Ramírez Aguilar , President.- Sen. Julieta Macías Rábago , Secretary.- Sen. Lilia Margarita Valdez Martínez , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on April 23, 2021, - Andrés Manuel López Obrador - Rubric - The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila - Rubric.
DECREE amending the First, Third, Fourth, Fifth, Sixth and Seventh Transitory Articles of the "Decree amending, adding and repealing several provisions of the Federal Labor Law; of the Social Security Law; of the Law of the National Workers' Housing Fund Institute; of the Federal Tax Code; of the Income Tax Law; of the Value Added Tax 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 Law Regulating Section XIII of Section XIII of the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Constitution; of the Value Added Tax 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 Regulatory Law of Section XIII Bis of Section B, of Article 123 of the Political Constitution of the United Mexican States, in matters of Labor Subcontracting", published on April 23, 2021.
Published in the Official Gazette of the Federation on July 31, 2021.
Sole Article. The First, Third, Fourth, Fifth, Sixth and Seventh Transitory Articles of the "Decree amending, adding and repealing several provisions of the Federal Labor Law; of the Social Security Law; of the Law of the National Workers' Housing Fund Institute; of the Federal Tax Code; of the Income Tax Law; of the Value Added Tax Law; of the Federal Law of Workers in the Service of the State, Regulatory of Section XIII Bis of Section B of Article 123 of the Constitution; of the Law Regulating Section XIII Bis of Section B of Article 123 of the Constitution; of the Law Regulating Section XIII Bis of Section B of Article 123 of the Constitution; of the Federal Law of Workers in the Service of the State, Regulatory of Section B of Article 123 of the Constitution; of the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Constitution; of the Regulatory Law of Section XIII Bis of Section B, of Article 123 of the Political Constitution of the United Mexican States, in matters of Labor Subcontracting", published in the Official Gazette of the Federation on April 23, 2021, to read as follows:
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Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Dulce María Sauri Riancho , President.- Sen. Oscar Eduardo Ramírez Aguilar , President.- Sen. María Guadalupe Díaz Avilez , Secretary.- Sen. Lilia Margarita Valdez Martínez , Secretary.- Signatures. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in Culiacán, Sinaloa, on July 30, 2021.- Andrés Manuel López Obrador .
The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila - Rubric.
DECREE amending article 176, section II, paragraph 8 of the Federal Labor Law.
Published in the Official Gazette of the Federation on April 5, 2022.
Sole Article.- Article 176, section II, paragraph 8 of the Federal Labor Law is amended to read as follows:
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Transitory
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second: The Ministry of Labor and Social Welfare will have a period of 180 days after the entry into force of this Decree to prepare and publish an Official Mexican Standard to classify the activities referred to in Article 176, section II, paragraph 8, in order to determine those of lesser risk.
Mexico City, February 23, 2022 .- Deputy Sergio Carlos Gutiérrez Luna , Chairman.- Senator Olga Sánchez Cordero Dávila , Chairman.- Deputy Luis Enrique Martínez Ventura , Secretary.- Senator Verónica Delgadillo García , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on March 16, 2022.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Mr. Adán Augusto López Hernández .- Rubric.
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.
Section IX of Article 132 and Section V of Article 204 of the Federal Labor Law are amended to read as follows:
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Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, March 16, 2022 .- Deputy Sergio Carlos Gutiérrez Luna , Chairman.- Senator Olga Sánchez Cordero Dávila , Chairman.- Deputy Fuensanta Guadalupe Guerrero Esquivel , Secretary.- Senator Verónica Delgadillo García , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on March 30, 2022.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Mr. Adán Augusto López Hernández .- Rubric.
DECREE adding a second paragraph to Article 512 of the Federal Labor Law.
Published in the Official Gazette of the Federation on April 28, 2022.
Sole Article.- A second paragraph is added to article 512 of the Federal Labor Law, to read as follows:
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Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, March 15, 2022 .- Deputy Sergio Carlos Gutiérrez Luna , Chairman.- Senator Olga Sánchez Cordero Dávila , Chairman.- Deputy María Macarena Chávez Flores , Secretary.- Senator Verónica Noemí Camino Farjat , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on March 30, 2022.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Mr. Adán Augusto López Hernández .- Rubric.
DECREE amending the Fifth Transitory Article Five of 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.
Published in the Official Gazette of the Federation on May 18, 2022.
Sole Article.- The Fifth Transitory Article of 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, in matters of labor justice, union freedom and collective bargaining", published in the Official Gazette of the Federation on May 1, 2019, is amended to read as follows:
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Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 26, 2022 .- Deputy Sergio Carlos Gutiérrez Luna , Chairman.- Senator Olga Sánchez Cordero Dávila , Chairman.- Deputy María Macarena Chávez Flores , Secretary.- Senator Verónica Noemí Camino Farjat , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on May 10, 2022.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Mr. Adán Augusto López Hernández .- Rubric.
DECREE amending Articles 76 and 78 of the Federal Labor Law regarding vacations.
Published in the Official Gazette of the Federation on December 27, 2022.
Sole Article.- Articles 76 and 78 of the Federal Labor Law are amended to read as follows:
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Transitory
First: This Decree shall enter into force on January 1, 2023, or on the day following its publication in the Official Gazette of the Federation, if such publication is in the year 2023.
Second.- The amendments provided for in this Decree will be applicable to individual or collective labor contracts in force at the date of its entry into force, regardless of their form or denomination, provided that they are more favorable to the rights of workers.
Santiago Creel Miranda , Chairman.- Sen. Alejandro Armenta Mier , Chairman.- Sen. Magdalena del Socorro Núñez Monreal , Secretary.- Sen. Verónica Noemí Camino Farjat , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on December 26, 2022.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Mr. Adán Augusto López Hernández .- Rubric.
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