- What is the value of the administrative records?
- Who are the participants in an administrative act?
- What is the content required for an administrative record?
- Examples
- First example
- Second example
- References
An administrative act is the document in which the events that occurred to a worker or group of workers are recorded in writing and as documentary evidence. They are usually records of irregular work situations or non-compliance with regulations that carry sanctions.
The irregularities registered in the administrative records must fall within those included in the applicable labor regulations; that is, they must be reflected in the employment contract, as well as in the Federal Labor Law and the Internal Labor Regulations.
What is the value of the administrative records?
Documenting relevant work incidents in administrative records is a highly recommended practice, because they can be used "a posteriori" in two ways:
- To prove facts in front of the conciliation and arbitration boards in case of labor dispute.
- To accredit the profile of the most senior employees in the event of dismissal, since said profile is assessed apart from the cause established for terminating the employment contract.
Who are the participants in an administrative act?
It is essential to determine the objective of the drafting of an administrative act, to be able to determine who must be the participants who must demonstrate and sign the document.
These objectives can be:
- Detail the breach of a labor obligation.
- Detail a labor penalty.
- Detail a dismissal.
Normally, the participants are, logically, workers and witnesses, but also the company representative who is usually the one indicated to call the meeting that originates the subsequent administrative act. It is essential to document in detail who the attendees were, to guarantee the validity of the administrative act.
What is the content required for an administrative record?
These are the basic data that human resources departments have to record in the administrative records:
- Domicile of the company or the place where the events object of the administrative act take place.
- Date and Time.
- Participants or appearing parties.
- Explanation of the reason.
- Statements (workers and witnesses).
- Detail of the documentation that supports what was declared by the witnesses and other appearing parties.
- Closing of the minutes reflecting the time and signature of the participants.
- In the case of administrative acts relating to sanctions to workers, they must be kept in the file of the sanctioned worker.
Examples
First example
«In Mexico City, at 8:00 a.m., on December 8, 2017, at the offices of the Human Resources area of the Madnus SA Company located at the address of Calle los Rosales # 10, México, DF, Mr. Pedro Pérez, general manager, meet; María Romero, Administrative Assistant; Rosa Cali, Human Resources manager; and Sergio Arcade, secretary of the Union, in order to investigate the events that occurred on December 7 of this year at 10:00 am in relation to the worker Javier Sánchez, an operator.
Mrs. María Romero declares that: on December 7, the worker Javier Sánchez appeared at the company premises an hour late and in an evident state of intoxication, uttering insults that he preferred not to repeat in front of those present. Then, after vomiting on the reception table, Javier Sánchez was left unconscious on the floor.
Mr. Javier Sánchez states that: on December 7, he arrived late to his job, despite being unwell, he was determined to carry out his job when he felt even worse, he began to vomit and fell unconscious to the ground. Mr. Sánchez insists on denying that he was drunk or that he used insults.
Having made known to the participants the reason for the meeting and the drawing up of the present minutes with the following sanction (detail of the sanction according to the Company's Internal Work Regulations) for Javier Sánchez and the previous statements, they terminate the present administrative act that is signed of conformity by the participants in her ».
Second example
«At 11:45 am on the 12th of May 2017 on Calle de la Colina nº 8, at the headquarters of the company Rocali SA and with the presence of JA Martínez in his capacity as guard / doorman, M. Serrano as head of HR and Marina Carmona as secretary / administrative to carry out the lifting of this administrative act for the events that occurred on May 12, 2017 at 09:00 hours in the premises of the company Rocali SA, within the HR department. Facts consisting of:
Marina Carmona states that on May 12, 2017, upon arriving at the premises of the company Rocali SA, she was detained at the entrance to the premises by the security guard JA Martínez to tell her that she could not pass because she was no longer part of the company's staff, to which the Marina Carmona affirmed that it had no news of such termination of its contract.
After struggling for a few moments, Marina Carmona was able to access the facilities of the company Rocali, SA, arriving quickly and very agitated to M. Serrano's office to demand the reason for the dismissal.
Shortly thereafter, she was attended by the HR Manager, M. Serrano, who claimed not to have knowledge of the dismissal but who proceeded to verify it.
After consulting the database, M. Serrano returned to his office to inform Marina Carmona that it was an error, since it was another employee named Marina García who had been fired. He apologized profusely for the unfortunate mistake made and indicated that, if he required it, he would draw up an administrative certificate so that he would not have problems for arriving late to his job.
This letter is raised at the request of those involved.
Marina Carmona.
M. Serrano.
JA Martinez ».
References
- Start an SME. Administrative records. emprendepyme.net
- BBD Sall Consultores. (2015) Probative value of the minutes. bbdconsultores.wordpress.com
- Angelico Pineda (2016) Why are administrative records important? elempresario.mx
- Rune. (2017) Do you know what administrative or labor records are? runahr.com
- Wikipedia. Administrative records.