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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 h