por The employers’ rights in Mexico They refer to the faculties and powers that employers have in that country, within the framework of a contract or employment relationship.
In every labor agreement there are two actors: the employer and the worker. According to Mexican law, the first is any individual or legal person that uses the services of one or more workers. The second, meanwhile, is defined as any individual who provides material, intellectual or both services to an employer.
By virtue of this relationship, both parties have rights and obligations. Within the faculties of the employers are the power to manage the tasks and to choose the worker that they consider most qualified and the possibility of sanctioning, of being part of the mixed commissions and of ending the employment relationship.
On the other hand, their obligations include paying salaries and indemnities, providing the necessary instruments to carry out the work and giving time and rest days.
If the employer does not comply with these standards, he may receive fines, closures and lawsuits 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.
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Employers’ Rights
According to Mexican law, a labor relationship is made up of the provision of subordinate work in exchange for the payment of a salary.
Within this framework, the employer has several rights, the main one being the power to manage and administer actions and occupations.
management right
This right refers to the power that the employer has to manage, plan, organize and direct the provision of tasks performed by the worker within the employment relationship.
As part of this agreement, he can command, order and control the execution of the work and is also in charge of classifying the required positions, activities and responsibilities of each one of them.
In addition, you can choose the place where the service will be provided and determine the hours, rest days and salaries received, always within the legal regulatory framework.
right of choice
The employer has the right to choose the worker that he considers to be more qualified for the service he wishes.
However, this election must be carried out without any act of discrimination and contemplating that the law of this country establishes that ninety percent of the hired 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 may not reveal technical, commercial, manufacturing secrets or confidential matters related to work that may affect the employer or the company.
Right to form part of mixed commissions
Within the framework of this labor relationship, both the employer and the workers have the right to participate in mixed commissions in which matters of mutual interest are discussed.
In these groups, the participation of employees in the company’s profits, staff training, salary adjustments, safety and hygiene of the facilities and internal regulations, among other issues, can be discussed.
Right to sanction
Within its rights, the employer also has the power to reward or sanction its workers to encourage 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 this sense, the Federal Labor Law of Mexico only admits suspension without pay for up to 8 days. On the other hand, if they do not agree with the punishment, the worker can go to the competent Conciliation and Arbitration Board to appeal the measure.
Right to end the employment relationship
The employer has the right to dismiss a worker in cases in which there are serious breaches in their tasks or in their behavior. The law describes in detail those acts that can cause the termination of the employment relationship without liability for the employer.
Some of the possible causes are deceit regarding the qualities and capabilities of the worker, crimes and fraud against the company and its assets, mistreatment in the workplace or against a colleague, sabotage, intentional property damage and acts of negligence that compromise safety.
Also unjustified absences, disobedience of orders related to the task for which you were hired or going to work drunk, under the influence of any drug or carrying weapons, except in cases where they are necessary for the provision of the service. .
Employer obligations
In addition to rights, employers also have obligations that must be fulfilled within the framework of an employment relationship.
Among the main ones are that of paying salaries and indemnities in accordance with current regulations, and that of providing the necessary instruments and materials 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 environmental rules determined by the law.
In turn, employers must allow rest time during tasks, provide facilities suitable for service, provide training and instruction, and collaborate with the literacy of workers.
Finally, they have to 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
Federal Attorney for the Defense of Labor. Obligations of employers in the development of work obligations. Government of Mexico. Available at: gob.mx
Rios Estavillo, Juan Jose (2000). Rights of employers. National Autonomous University of Mexico.
Mendez, Ricardo (2009). Labor Law. Mc Graw Hill. Federal District. Mexico.
Munoz, Roberto (1983). Labor law. Porrúa. Mexico.
Almonte, Juan Pablo. Rights and obligations of employers and workers. Available at: almonteweb.wordpress.com