Federal Labor Law (Mexico)
General Principles
Article 1 .- This Act is generally observed throughout the Republic and governs the employment relationships covered by Article 123, Paragraph A of the Constitution.
Article 2 .- The rules of work tend to achieve balance and social justice in relations between workers and employers.
Article 5 .- The provisions of this Act are public so no legal effect, nor prevent the enjoyment and exercise of rights, whether written or verbal, the provision stating:
Work for children under fourteen;
A day than otherwise permitted by this Act;
A day inhumane because it is obviously excessive, given the nature of work, in the opinion of the Board of Conciliation and Arbitration
Overtime for the under sixteen
A sub-minimum wage;
Wages that are not remunerative, in the opinion of the Board of Conciliation and Arbitration
A period longer than one week to pay wages to workers;
A place for recreation, catering, bar, cafe, tavern or store, for payment of wages, provided that no case of workers of these establishments;
The direct or indirect obligation for consumer goods in store or location;
The power of the employer to withhold wages for payment of a fine;
A lower wage than that paid to other workers in the same company or facility for work of equal efficiency in the same business day or more, for consideration of age, sex or nationality;
Industrial night work or work after twenty-two hours to less than sixteen years, and
Resignation by the employee of any rights or privileges entered in work rules.
In all such cases shall be deemed to apply the law and the default rules rather than clauses void.
Article 8 .- worker is the individual who gives to another physical or moral, personal work subordinate.
For purposes of this provision, means working all human activity, intellectual or material, regardless of the degree of technical training required by each profession or trade.
Article 10 .- Patrón is the person or entity that uses the services of one or more workers.
If the worker, according to the agreement or by custom, use the services of other workers, the pattern of the former, it is also them.
Article 16 .- For the purposes of labor standards, enterprise means an economic unit of production or distribution of goods or services and the technical unit establishment as a branch, agency or other similar form, is an integral part and contribute to the attainment of the objectives of the company.
Article 17 .- In the absence of express provision in the Constitution, this Act or its regulations or in the treaties referred to in article 6., Be taken into consideration the provisions governing such cases, the general principles derived of these statutes, the general principles of law, general principles of social justice arising from Article 123 of the Constitution, case law, custom and equity.
Article 6 .- The respective laws and treaties made and approved under the terms of Article 133 of the Constitution shall apply to working relationships that benefit all workers, from the date of the term.
Article 18 .- In the interpretation of work rules shall take into account your objectives outlined in articles 2. and 3. In case of doubt, the interpretation most favorable to the worker.
Article 2 .- The rules of work tend to achieve balance and social justice in relations between workers and employers
Article 3 .- The work is a right and a social duty. There is an article of trade, demand respect for freedoms and dignity of those who perform and should take place under conditions that ensure life, health and a decent standard of living for workers and their families.
There may be no distinctions among workers based on race, sex, age, religious belief, political or social status.
It is also of social interest to promote and monitor training and worker training.
Article 20 .- The term working relationship, whatever the act that gives rise, providing a personal work subordinate to a person, upon payment of a salary.
Individual employment contract, in whatever form or name, is that by virtue of which a person is obliged to lend to other subordinate staff work through the payment of wages.
The provision of a work referred to in the first paragraph and the contract the same effect.
Article 21 .- It is presumed the existence of the contract and working relationship between the work provided by staff and the recipient.
Article 22 .- It is forbidden the use of child labor and fourteen years older than this age and under sixteen who have not completed their compulsory education, except in cases of emergency approved by the appropriate authority that it considers ensure compatibility between studies and work.
Article 23 .- The largest of sixteen can freely provide their services with limitations established by this Act Those over fourteen and under sixteen need permission from their parents or guardians, and lack thereof, of the union to which they belong, Board of Conciliation and Arbitration, the Labour Inspector or the Authority Policy.
Child workers can receive payment of their salaries and exercise their respective actions.
Article 24 .- The working conditions must be documented when there is no applicable collective agreements. Will duplicate at least one of which will be held by each party.
Article 25 .- The written statement outlining the conditions of employment shall contain:
Name, nationality, age, sex, marital status and address of the worker and employer;
If the employment is for work or time or indefinitely;
The service or services to be provided, which shall be determined as accurately as possible;
The place or places where work must be paid;
The duration of the day;
The form and amount of salary;
The date and place of payment of wages;
The indication that the worker is qualified or trained in the terms of the plans and programs established or established in the enterprise, under the provisions of this Law;
Other conditions, such as rest days, holidays and other agreed upon between the worker and employer.
Article 35 .- The working relationship can be for work or time or indefinitely. In the absence of express terms, the relationship is indefinite.
Article 36 .- The marking of a particular work may only stipulate when required by his nature.
Article 37 .- The marking of a given time can only be stipulated in the following cases:
Where required by the nature of the work to be performed;
When intended to temporarily replace another worker, and
In other cases provided by this Act
Article 38 .- The relationship of work for mining minerals lacking affordable or restoration of abandoned mines or paralyzed, may be determined by time or work or for certain capital investment.
Article 40 .- Workers in no case be obliged to provide services for more than a year.
Article 56 .- The working conditions in any case be inferior to those established in this Act and shall be proportionate to the importance of services and equal for equal work, without being able to settle differences by race, sex, age, religious belief or political opinions, except the categories expressly set forth in this Act
Article 57 .- The employee may request the Board of Conciliation and Arbitration to amend the conditions of employment, where wages are not remunerative or excessive working hours or economic circumstances justify it.
The employer may request the amendment when economic circumstances justify it.
Article 58 .- Working day is the time during which the worker is available to the employer to provide work.
Article 59 .- The employee and the employer shall determine the duration of the working day, without exceeding the legal maximum.
Workers and the employer may allocate the working hours, to allow the former rest on Saturday afternoon, or any equivalent form.
Article 60 .- Day is the day between six and twenty hours.
Night shift lies between the twenty-six hours.
Is mixed day including time periods of the day and night, if night time is less than three hours, as if composed of three and a half or more, shall be considered night work.
Article 61 .- The duration of the day will be: eight hours day, seven the night and seven hours the joint.
Article 62 .- To establish the working day will be observed as provided in article 5., Section III.
Article 63 .- During the day continues to work the employee shall be granted a break of half an hour, at least.
Article 64 .- When the worker can not leave the place where you serve during the hours of sleep or food, for time will be computed as the effective time of the workday.
Article 65 .- In cases of accident or imminent risk endangering the life of the worker, their colleagues or the boss, or the very existence of the company, working hours may be extended for as long as is necessary to avoid these evils .
Article 66 .- It may also extend the working day due to extraordinary circumstances that shall not exceed three hours a day or three times a week.
Article 67 .- The working hours referred to in Article 65 shall be paid an amount equal to that corresponding to each of the hours of the day.
Overtime hours will be paid one hundred percent salary commensurate with the hours of the day.
Article 68 .- Workers are not required to provide services for longer than allowed by this chapter.
The extension of overtime exceeding nine hours per week, requires the employer to pay the worker the time over a hundred percent of the salary corresponding to the hours of the day, subject to the penalties provided in this Act .
Article 76 .- Workers who have more than one year of service will enjoy an annual period of paid leave, that in no case be less than six working days, and will increase in two working days, up to twelve, for each subsequent year of service.
After the fourth year, the holiday period increased by two days for every five of services.
Article 77 .- Workers serving seasonal discontinuous and are entitled to an annual vacation period in proportion to the number of work days in the year.
Article 78 .- Workers shall enjoy an ongoing six-day vacation at least.
Article 79 .- The leave may be compensated with pay.
If the employment relationship ends before they reach one year of service, the employee is entitled to a payment proportionate to length of service.
Article 80 .- Workers are entitled to a bonus of not less than twenty-five per cent of the wages which they are entitled during the holiday period.
Article 81 .- The leave must be given to workers within six months of the compliance year of service. The patterns given annually to their employees a containing your old and according to her vacation time for them, and the date on which they shall enjoy it.
Article 82 .- Salary is the remuneration payable by the employer to the employee for their work.
Article 83 .- The salary may be fixed per unit time per unit of work, commission, lump sum or otherwise.
When wages are fixed by construction unit, in addition to specifying the nature thereof, shall contain the quantity and quality of material, tool condition and useful pattern, where appropriate, provide for executing the work, and the time for which the employee shall make, without any demand any sum of wear and tear suffered by the tool as a result of the work.
Article 84 .- The salary is composed of the payments made in cash for daily fee, gratuity, perceptions, housing, bonuses, commissions, benefits in kind and any other amount or benefit that gives the employee for their work.
Article 85 .- The salary should be rewarding and never less than the minimum set in accordance with the provisions of this Act fixing the amount of wages taken into consideration the quantity and quality of work.
The wage per unit of work, remuneration is paid shall be such that for a normal job in a day of eight hours, resulting in the minimum wage, at least.
Article 86 .- The same work performed in place, hours and conditions of efficiency equal, should be equal pay.
Article 87 .- The employees are entitled to an annual bonus to be paid before the twentieth day of December, equivalent to fifteen days’ wages, at least.
Those who have not completed year of service, regardless of whether they are working or not the settlement date of the bonus shall be entitled to be paid proportionally the same, according to the time which they have worked, whatever it .
Article 88 .- The deadlines for the payment of wages can never be more than one week for people who play a material and fifteen working days for other workers.
Article 89 .- In determining the amount of compensation payable to employees shall be based on the salary for the day in whom the right to compensation by including the daily quota and share of the benefits mentioned in Article 84.
In the case of pay per unit of work, and in general, when the variable remuneration is to be taken as the average daily wage of the insights gained in the thirty days worked before the birth of law. If during that period had been no increase in salary shall be based on the average of the insights gained by the employee from the date of the increase.
When wages are fixed by the week or month, divided between seven and thirty, as appropriate, to determine the daily wage.
Article 90 .- The minimum wage is the lowest amount to be paid in cash the employee for services rendered in a working day.
The minimum wage must be sufficient to meet the normal requirements of a householder in the material, social and cultural development and to provide compulsory education for children.
Social utility is considered the establishment of institutions and measures to protect the purchasing power of wages and facilitate the access of workers to obtain satisfactions.
Article 91 .- The minimum wage will be general for one or more geographical areas of application, which may extend to one or more states or professionals, for a given branch of economic activity or professions, occupations or special work in one or more geographic areas.
Article 92 .- The general minimum wage shall apply to all workers in the geographical area or areas of application to be determined, regardless of the branches of economic activity, occupations, trades or special assignments.
Article 93 .- The minimum wages shall apply to all professional workers in the branches of economic activity, occupations, trades or special assignments to be determined within one or more geographical areas of application.
Article 94 .- The minimum wage is set by a national commission composed of representatives of workers, employers and government, which may draw on the special advisory committees as it deems necessary for the performance of its functions.
Article 95 .- The National Commission on Minimum Wages Advisory Committees and will be integrated in a tripartite manner, according to the provisions of Chapter II of Part Thirteen of this Law
Article 96 .- The National Commission shall determine the division of the Republic in geographical areas, which consist of one or more municipalities that should govern same general minimum wage, without there necessarily territorial continuity between those municipalities.
Article 97 .- The minimum wage may not be compensation, discount or reduction, except in the following cases:
Alimony ordered by the competent authority on behalf of the persons mentioned in Article 110, Section V, and
Payment of income referred to in Article 151. This deduction may not exceed ten percent of salary.
Payment of subscriptions to loans from the National Housing Fund for Workers for the acquisition, construction, repair, extension or improvement of houses or the payment of liabilities incurred for these items. Also, workers who have been granted credit for the purchase of homes located in housing projects funded by the Institute of National Housing Fund for Workers shall be deducted 1% of salary referred to in Article 143 of Law, which is intended to cover the expenses incurred for administration, operation and maintenance of the housing in question. These discounts should have been freely accepted by the employee and may not exceed 20% of salary.
Payment of subscriptions to cover loans made or guaranteed by the Fund referred to in Article 103 Bis of this Act, for the purchase of durable consumer goods or payment services. These discounts will be preceded by the acceptance that the worker freely made and not exceed 10% of salary.
Article 98 .- Workers freely dispose of their wages. Any measure that distorts this right is void.
Article 99 .- The right to receive the pay is waived. It is also the right to receive the wages earned.
Article 100 .- The salary is paid directly to the worker. Only in cases where it is unable to effect the payment, payment will be made to the person appointed as proxy by proxy signed by two witnesses.
The payment made in contravention of the provisions in the preceding paragraph does not relieve the employer liability.
Article 101 .- in cash wages must necessarily be paid in legal tender, not being allowed to do in goods, vouchers, tokens or any other representative sign that is intended to replace currency
Article 102 .- The benefits in kind must be appropriate to the needs of the workers and their families and reasonably proportionate to the amount of wages to be paid in cash.
Article 103 .- The stores and shops that are sold clothing, food and household items may be established by agreement between workers and employers, one or several companies, in accordance with the following rules:
The acquisition of goods shall be exercised freely without coercion on workers;
The sales prices of the goods shall be fixed by agreement between workers and employers, and can never be higher than official prices and failing to current market;
The price changes will be subject to the provisions of the preceding section, and
The agreement will determine the appropriate participation of employees in the administration and supervision of the warehouse or store.
Article 103 Bis .- The Federal Executive shall regulate the manner and terms under which the fund was established to promote and guarantee the consumption of the workers, who provide financing for the operation of warehouses and stores referred to in the preceding article, also managed by other institutions, to grant and ensure timely and cheap loans for the purchase of goods and services paid by workers.
Article 104 .- It is no assignment of wages for the employer or third persons, whatever the denomination or form that is given.
Article 105 .- The wages of workers will not be subject to compensation.
Article 106 .- The obligation of the employer to pay wages is not suspended, except in the cases and the requirements of this Act
Article 107 .- It is forbidden to impose fines on workers, whatever their cause or concept.
Article 108 .- Payment of wages shall be in place where workers are employed.
Article 109 .- Payment must be made on a working day, fixed by agreement between the employee and the employer during working hours or immediately after its completion.
Article 110 .- The discounts on wages of workers, are prohibited except in the cases and the following requirements:
Payment of debts owed to the employer for payment of wages, payments in excess of the worker, errors, losses, damages or acquisition of goods produced by the company or establishment. The amount due in no case be greater the amount of wages a month and the discount will be agreed upon between the worker and the employer, but may be greater than thirty percent over the minimum wage;
Payment of income referred to in Article 151 may not exceed fifteen percent of wages.
Payment of subscriptions to loans from the National Housing Fund for employees for the acquisition, construction, repair, extension or improvement of houses or the payment of liabilities incurred for these items. Also, workers who have been granted credit for the purchase of homes located in housing projects funded by the Institute of National Housing Fund for Workers shall be deducted 1% of salary referred to in Article 143 of Law, which is intended to cover the expenses incurred for administration, operation and maintenance of the housing in question. These discounts should have been freely accepted by the worker.
Payment of fees for the establishment and promotion of cooperatives and savings banks, provided that the workers express freely express their agreement and no greater than thirty percent over the minimum wage;
Payment of alimony for the wife, children, parents and grandchildren, enacted by the competent authority;
Payment of regular dues under the statutes of the unions.
Payment of subscriptions to cover loans guaranteed by the Fund referred to in Article 103-bis of this Act, for the purchase of consumer goods or payment services. These discounts should have been freely accepted by the employee and shall not exceed twenty percent of wages.
Article 123 .- The distributable profit will be divided into two equal parts: the first is shared equally among all workers, taking into consideration the number of days worked by each during the year, regardless of the amount of wages. The second will be distributed in proportion to the amount of wages due for work done during the year.
Article 353 .- The Labour Inspectorate will monitor compliance with the standards referred to in the preceding article.
Article 353-A .- For purposes of this Chapter, the term:
Resident Physician: The medical practitioner with legal titles issued and registered with the competent authorities, to enter a Resident Receiving Medical Unit to comply with a residence.
Residents Receiving Medical Unit, the hospital setting in which to meet the Residences, which for the purposes of Articles 161 and 164 of the Sanitary Code of the United Mexican States, requires the expertise of medical professionals;
Residence: The set of activities required to fulfill a resident doctor in training period, for post-graduate studies and practices with respect to the health discipline that seeks to engage, in a Resident Receiving Medical Unit, during the time and accordance with the requirements laid down by the respective academic rules.
Article 353-B .- The relations between residents and the moral or physical person who depends Medical Receiving Unit Residents will be governed by the provisions of this Chapter and the provisions contained in the relevant contract, as no the contradiction.
Article 353-C .- The special rights of the residents, to be addressed in the contracts are awarded, more than those provided in this Act, the following:
Enjoy services that are necessary for the fulfillment of the residence;
Exercise your residence to complete their field, provided they meet the requirements of this Chapter.
Article 353-D .- The special obligations of the Resident Physician, the following:
Delivering on the stage of academic instruction and training, according to the academic syllabus in force at the Medical Unit Residents Receiving;
Obey the orders of those appointed to provide training or direct job development, with regard to it and it;
Comply with internal Medical Unit Residents Receiving concerned, as not contrary to those contained in this Act;
Attending conferences theory clinical sessions, anatomical, clinical and radiologic, literature and other academic activities that are brought as part of specialized studies;
Stay in the Medical Unit Residents Receiving, in terms of the following article, and
Undergo and pass the regular evaluation of knowledge and skills acquired in accordance with the provisions academic and administrative standards of the Unit concerned.
Article 353-E .- Within the time that the resident must remain in Receiving Medical Unit residents, according to the respective educational provisions, are included, the next working day to training in the specialty, both in relation to patients as other forms of study or practice, and enjoy periods of rest and eat good food.
Article 353-F .- The employment relationship is for a fixed period of not less than one year nor more than duration of residence required to obtain a Certificate of Specialization in question, taking into account the latter regarding the causes of withdrawal identified Article 353-G.
Under this Chapter, shall not apply the provisions of Article 39 of this law.
Article 353-G .- The special causes for the termination of the employment relationship without liability to the employer, in addition to the provisions of Article 47, the following:
The breach of duty to refer the fractions I, II, III and VI of Article 353-D;
The violation of technical standards and administrative provisions necessary for the functioning of the Medical Unit Residents Receiving the residence is made, and
The commission of breaches of conduct proper standards of the medical profession, entered in the Working Procedure of Receiving Medical Unit residents.
Article 353-H .- The reasons for termination of the employment relationship, in addition to those provided for in Article 53 of this Law:
The conclusion of the Specialization Program;
The deletion studies academic specialty on the branch of medicine that concerns the Resident Physician.
Article 353-I .- The provisions of this Chapter shall not apply to those who only received education or training courses as part of their training in health institutions.
Article 353-J .- The provisions of this chapter shall apply to labor relations between workers and administrative and academic universities and colleges autonomous by law and are designed to achieve balance and social justice in relations work, thereby complying with the autonomy, academic freedom and research and aims of these institutions.
Article 353-K .- academic work is the individual who provides services for teaching or research at universities or institutions referred to in this Chapter, according to plans and programs established by them, administrative worker is the individual who provided nonacademic services such universities or institutions.
Article 353-L .- It is entirely up to the universities or autonomous institutions to regulate by law academics.
For an academic employee may be considered subject to an indefinite employment relationship, in addition to the task carried out has that character, it must be approved in academic evaluation carried out by the competent authority in accordance with the requirements and procedures to their own universities or institutions established.
Article 353-M .- The academic work may be engaged for full time or part time. Academic workers dedicated to teaching hours may be contracted by class.
Article 353-N .- It is not in violation of the principle of equal wage fixing wages for equal work than if it corresponds to different academic categories.
Article 353-Ñ .- The unions and the same policies to be established in the universities or institutions referred to in this Chapter may only be formed by workers who provide services in each and will be:
Academic staff;
Administrative staff, or
Institution if it includes both types of workers.
Article 353-O .- The unions referred to in the preceding article shall be recorded in
Ministry of Labour and Social Welfare or the Conciliation and Arbitration Board, as appropriate, as federal or local law that created the college or institution concerned.
Article 353-P .- For the purposes of collective bargaining between universities and institutions and their unions, should follow the rules set out in
Article 388. To this end the union’s institution will receive the treatment of enterprise trade union and academic staff unions or staff will treat labor union.
Article 353-Q .- In the collective agreement provisions relating to academic workers shall not extend to administrative workers, or vice versa, except as expressly agreed.
In any case, these contracts may provide for the academic staff or admitting only the expulsion separation referred to in Article 395
Article 353-A .- In the proceedings to strike the notice for the suspension of work shall be given at least ten days before the date fixed for stop work.
In addition to the cases provided for by Article 935, before the suspension of work, the parties or, failing that, Conciliation and Arbitration Board, after hearing those, set the requisite number of workers required to continue working to continue running the work which the suspension can irreparably harm the smooth running of an investigation or an ongoing experiment.
Article 353-S .- In the Conciliation and Arbitration or the Permanent Settlement, Special Boards work to familiarize with labor issues in universities and colleges autonomous by law and will be integrated with the President concerned, the representative of each university or institution and the representative of academic or administrative workers concerned.
Article 353-T .- For purposes of the preceding Article, the competent authority shall issue the respective call, establishing therein that each university or institution shall appoint its representative and to be held two conventions for the election of representatives of relevant academic work or administrative.
Article 353-U .- The workers of universities and institutions to respect this
Chapter enjoy social security systems in terms of their organic laws, or pursuant to agreements based on them are held. These benefits can never be less than the minimum established by the Constitution of the United Mexican States and the Law
Article 472 .- The provisions of this Title shall apply to all employment relationships, including special assignments, with the limitation contained in Article 352.
Article 515 .- The Ministry of Labour and Social Welfare shall carry out the necessary studies and research, so that the President may bring before the Legislature the periodic adjustment of the tables referred to in Articles 513 and 514 to progress of Occupational Medicine.
Article 516 .- The work actions prescribed in one year, beginning on the day following the date the obligation becomes due, except as entered in the following articles.
ART. 522. For the purposes of limitation, the months are calculated by the number of days that they are entitled. The first day will be full, even if it is not, but the latter must be complete and when a holiday, will not completely fulfilled the first requirement but below useful.
ART. 536.The regulations determine the terms of the manner of its exercise and the duties of the Office of Labor Defense.
ART. 550. The regulations determine the terms of the manner of its exercise and the duties of the Labour Inspectorate.
ART. 804. The employer has an obligation to preserve and exhibit at trial the following documents are required:
I. Individual employment contracts to be concluded, if no collective agreement or contract applicable law;
II. Lists line or payroll, when carried in the workplace, or receipts of payments of wages;
III. Attendance controls, when carried in the workplace;
IV. Proof of payment of profit sharing, vacation, bonuses and premiums referred to in this Law;
V. Others found in the laws.
The documents specified by the fraction I shall be kept for the duration of employment and one year later, those identified by the fractions II, III and IV during the last year and one year after the employment relationship is terminated, and those mentioned in fraction V, as it brought the laws that govern it.