NATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS
March 2011
scope of the amendment of the Labor Law
• AMENDING ARTICLES 178
• A TOTAL OF 1010 ITEMS
• seriously undermine INDIVIDUAL RIGHTS
ON REVERSE
• CIVIL LAW
• CODE OF COMMERCE
• WORST employer practices
affects all workers
• Private companies
• Decentralised bodies
• Public Employees Federal
• State Employees
• District Government Employees Federal
• Municipal Employees
• Workers hired word
• Fee Contract workers
Overrides job security
• Amends article 39 of Labor Law
• disappears the concept that as long as the matter remains the Contract work
• The existence of the Individual Work Contract onwards will depend on the willingness of the employer
the contract was canceled by labor matters
• Article 39 .- If after the term had been set remains the subject of work, the relationship will be extended for as long lasting that fact with the same kind .
Free dismissal: FLEXIBLE CONTRACTS
• TEST
• INITIAL TRAINING
• STAPLE OF WORK
Free dismissal
• is not compulsory for the employer to the employee personally deliver the notice of termination
• by registered mail or
• For through JCA who can communicate "by any means it deems appropriate "
More grounds for dismissal
• sexual harassment
• When acting against Employer clients
• Lack of documents required for the service
domestic workers
• Cancels any right of job security
• The obligation of the employer to deliver the notice of dismissal
White resignations were legitimate
waivers "blank" to amend Article 53 of the existing CFT requires an agreement between the parties.
"WAIVER IN WHITE" Legitimate
• Article 53. are grounds for termination of employment relationships:
• I. ...
• IA. Resignation by the employee;
Agricultural Workers
are created "new rules" aimed at farm workers, referred specifically to a "Special Registration casual or temporary workers" to justify the dismissal cost free and against them.
OUTSOURCING
Legalizes third party contractors is illegal today, allowing employers to not take their work and do it for them contractors, materializing "legal fraud" against workers to be abolished joint liability in Article 13 of the Federal Labor Law.
contract legalizes via "outsourcing" to reduce the cost of the labor force and allowing a single company that has employees with the same functions with different pay and benefits.
SALARY CONDITIONAL MAJOR OPERATING
Allows setting unilaterally by the employer without union intervention.
allows fixing the amount of bonuses, incentives and commissions unilaterally which are not required revision.
MULTI
• Versatility
• same salary
the absence of unions
With the labor certification allows the imposition of unilateral conditions of employment without wage benefit bilaterally agreed;
Strike minimum wage
disappears minimum wage and establishing a "salary infinitesimal" because Article 83 of the LFT is modified so that wages can be paid proportionately for the time worked with the base of the minimum wage if you work one hour a day may be paid one-eighth the minimum wage, $ 7.47 pesos hour. A person who works 4 hours a day would pay just $ 29.90 per day, half the minimum wage.
WORKING CONDITIONS
• extension is permitted task
• change rest days contained in the contract.
• hours of the day
• can be adjusted daily based on production needs
SOCIAL SECURITY
• the Table of occupational diseases "and" TABLE OF VALUATION permanent disability "which is now provided for in Articles 513 and 514 of the Federal Law left Labour to be incorporated into it to turn into a purely administrative classification , no longer basic labor rights.
IN COLLECTIVE LEAVE UNCHANGED
leaves untouched the union control corporate and government interference in trade unions
union fragmentation
• Outsourcing
• Several unions in the same workplace
Trade union
Cancels the existence of trade unions.
ON ADMINISTRATION OF JUSTICE
The initiative will extend the trial by splitting the first hearing into two sections, one for Conciliation, Mediation and Demand and Exceptions and another of Offer of Evidence be held at a later date, when can now only be held in a single date.
wages
Reduced payment of wages a year regardless of the duration of the labor case, which the trials will be extended to the detriment of the worker and without cost to the employer.
count
test count of workers will be based on fees in addition to the IMSS, payroll a list of union workers who recognize the pattern ( art. 931 Fracc. IV paragraph c) of the LFT) done which would unduly interfere in their union.
AGAINST YOUTH AND WOMEN
Rising unemployment will further exploitation in youth work, lower wages and increased employment accidents by failing to take legal measures to avoid, not inspectors are granted powers to close places of work in case of violation of safety rules and keep the ridiculous penalties of up to 315 minimum wages should default (which almost never apply.)
gender Without Vision
The initiative has no prospect of allowing the continued gender inequity, exploitation and sexual harassment against women
usually affects
• HUMAN RIGHTS
• SOCIAL GUARANTEES
• HISTORICAL RIGHTS
discuss alternatives
• DISSEMINATION BY ALL MEANS
• FORUMS
• MOBILIZATIONS
• leafleting AT WORKPLACES
• OPEN A SITE DIGITAL CHARACTER www.noreformaslft.wordpress.com PLURAL ACCESS BY THIRD PARTIES
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