RIGHTS OF EMPLOYERS IN MEXICO (AND OBLIGATIONS) - JOB - 2024

The rights of employers in Mexico refer to the faculties and powers that employers have in that country, within the framework of a contract or employment relationship.

In each labor agreement there are two actors: the employer and the worker. According to Mexican law, the first is any individual or legal person who uses the services of one or more workers. The second, meanwhile, is defined as any individual who provides material, intellectual or both genders to an employer.

Among other rights, employers have the power to manage, sanction and terminate the employment relationship. Source: pixabay.com

By virtue of this relationship, the two parties have rights and obligations. Within the powers of the employers are the power to manage the tasks and to choose the worker they consider to be the most qualified and the possibility of sanctioning, being part of the mixed commissions and ending the employment relationship.

On the other hand, their obligations include paying salaries and compensation, providing the necessary tools to carry out work, and giving time and days off.

If the employer does not comply with these rules, he may receive fines, closures and demands from the workers. On the contrary, when the employee is the one who does not respect them, the employer has the right to dispense with his services without paying him any compensation.

Employers' rights

According to Mexican law, an employment relationship is made up of the provision of subordinate work in exchange for the payment of a salary.

In this framework, the employer has several rights, the main one being the power to manage and administer the actions and occupations.

Management right

This right refers to the power of the employer to administer, plan, organize and direct the provision of the tasks performed by the worker within the employment relationship.

As part of this agreement, it can command, order and control the execution of the works and is also in charge of classifying the required positions, the activities and the responsibilities of each one of them.

In addition, you can choose the place where the service will be provided and determine the hours, days of rest and the wages received, always within the legal regulatory framework.

Right of choice

The employer has the right to choose the worker that he considers best qualified for the service he wants.

However, this election must be made without any act of discrimination and considering that the law of this country establishes that ninety percent of the contracted workers must be Mexican.

Right of reciprocal loyalty

Among the rights that arise from any employment relationship is also that of reciprocal loyalty.

This concept refers to the fact that both parties must fulfill their duties and obligations within a framework of honesty, integrity and trustworthiness.

For example, the employee cannot reveal technical, commercial, manufacturing secrets or confidential matters related to work that may affect the employer or the company.

Right to be part of the mixed commissions

Within the framework of this employment relationship, both the employer and the workers have the right to participate in mixed commissions in which matters of mutual interest are discussed.

These groups can discuss employee participation in company profits, staff training, salary adjustments, facility safety and hygiene, and internal regulations, among other issues.

Right to sanction

Within its rights, the employer also has the power to reward or sanction its workers to promote and guarantee compliance with their obligations.

However, these disciplinary measures cannot be imposed according to the employer's own discretion, but must be contemplated in the regulations in force and in what the norm itself determines.

In that sense, the Federal Labor Law of Mexico only allows suspension without pay for up to 8 days. On the other hand, in case of not agreeing with the punishment, the worker can go to the competent Conciliation and Arbitration Board to appeal the measure.

Right to terminate the employment relationship

The employer has the right to fire a worker in cases of serious non-compliance with his tasks or behavior. The law describes in detail those acts that can lead to the termination of the employment relationship without responsibility for the employer.

Some of the possible causes are deception regarding the qualities and capacities of the worker, crimes and fraud against the company and its assets, mistreatment in the workplace or against a colleague, sabotage, intentional material damage and negligent acts that compromise safety.

Also unjustified absences, disobedience of orders related to the task for which he was hired or go to work in a drunken state, under the influence of any drug or carrying weapons, except in cases where they are necessary for the provision of the service.

Employers' obligations

Employers are obliged to pay salaries and compensation in accordance with current regulations. Source: pixabay.com

In addition to rights, employers also have obligations that they must fulfill within the framework of an employment relationship.

Among the main ones are to pay salaries and compensation in accordance with current regulations, and to provide the instruments and materials necessary to carry out the work.

Also contribute to the promotion of cultural and sports activities of employees, avoid mistreatment and participation in the organization and decision-making of unions, and comply with the safety, hygiene, health and environment rules determined by the law.

In turn, employers must allow time off during tasks, provide serviceable facilities, provide education and training, and assist with worker literacy.

Finally, they must allow the inspection and surveillance of the labor authorities in their establishments and offer them all the information requested to carry out their controls.

References

1. Federal Attorney for the Defense of Labor. Obligations of employers in the development of work obligations. Government of Mexico. Available at: gob.mx
2. Ríos Estavillo, Juan José (2000). Employers' rights. National Autonomous University of Mexico.
3. Méndez, Ricardo (2009). Labor Law. Mc Graw Hill. Federal District. Mexico.
4. Muñoz, Roberto (1983). Labor law. Porrúa. Mexico.
5. Almonte, Juan Pablo. Rights and obligations of employers and workers. Available at: almonteweb.wordpress.com