The Importance of Employee Training and Development: Legal Aspects and Benefits

Posted on Sep 8, 2024 in Law & Jurisprudence

OVERVIEW

Background and Development of Training

Job training as a development emerged at the beginning of the Industrial Revolution, which occurred in the middle of the eighteenth and early nineteenth centuries. It stemmed from the impact of technological progress, which generated the need to produce skilled workers and leaders.
In the past, members of civilizations transmitted their knowledge and skills directly.
An experienced person provided the information needed to develop a skill, and a rookie, after a long period, could handle the work.
The closest system to what we have today is the teacher-apprentice model. The teacher, who owned the tools and raw materials, was responsible for the “official” who did the work under his supervision as “apprentices.” The apprentices were only provided with food and accommodation, and the opportunity to learn the craft in question.
In 1970, the Mexican government included provisions in the Federal Labor Law in Article 132 Frac. XIV and XV, requiring companies to provide training. This was a result of:
- Scientific and technological development
- High rates of accidents
- Low productivity
In 1977, fraction XIII was added to Article 123 of the Mexican Constitution, thus making training a right.
In 1978, the system of training and development originated.

Concept

Training and development encompass a range of activities designed to enhance the knowledge, skills, and abilities of employees. This includes providing them with the necessary tools and information to perform their jobs effectively, adapt to new technologies and processes, and advance their careers.

Importance

Training contributes to the personal and professional development of individuals, which is reflected in profit for the company.

In an Organization

Leads to higher profitability and more positive attitudes
Improved knowledge of the position at all levels
Creates a better work environment
Improves the relationship between managers and subordinates
Promotes communication across the organization
Reduces stress and allows for the management of areas of conflict
Speeds up decision-making and problem-solving
Promotes development with a view to promotion
Contributes to the formation of leaders and leadership

Personal Benefits

Helps the individual in making decisions and solving problems
Breeds confidence, assertiveness, and development
Contributes positively to the management of conflicts and tensions
Improves leadership and communication skills
Raises the level of job satisfaction
Allows the achievement of individual goals
Develops a sense of achievement
Eliminates fears of individual incompetence or ignorance

Legal Aspects of Training in Mexico

Around 1700 BC, the regulation of learning was recorded, with knowledge and skills being transmitted directly. These rules and procedures were included in the Code of Hammurabi.

In Mexico, the Federal Labor Law of 1931 established the obligation for companies to take on apprentices to ensure the demand for qualified personnel.

In 1970, provisions (Art. 132 Frac. XIV and XV) were included, making it mandatory for companies to provide training.

Legal Framework for Training in Mexico

The Constitution of the United Mexican States
Federal Labor Law
The Organic Law of Federal Public Administration

Relevant Articles

Article 123 of the Constitution, Section A

Company Obligations

Art 7: The employer has an obligation to train Mexican workers.
Article 132, Section XI and XXVIII: The employer has an obligation to provide training for their workers.
Article 153-B: Training may be given within the company with internal or external trainers, or through specialized institutions.
Article 153-C: Training companies must be licensed and registered by the Ministry of Labor and Social Security.
Article 153-E: Training must take place within the normal working day.
Article 153-O: Companies without a collective agreement must submit their training plans and programs for approval, in conjunction with the workers, within the first sixty days of odd-numbered years.
Article 153-S: Companies that do not comply with the submission of plans and programs within the stipulated period, or do not carry them out, will be punished.

Worker Obligations

Article 153-G: New workers who require and receive training for their job are expected to perform their duties according to business needs.
Article 153-H: Workers are required to attend training courses on time, absorb the information, and pass assessment tests demonstrating the required knowledge and skills.
Article 153-U: If a worker claims to have sufficient knowledge for the job and refuses training, the company must document this refusal. The worker can then be subjected to a proficiency test by the Ministry of Labor and Social Security.
Article 153-V: Upon completion of a training course, the worker receives a record of their training. The company then sends this record to the Secretary of Labor and Social Welfare for registration and control.
Article 153-W: Certificates, diplomas, and degrees issued by public or private institutions with official recognition will be registered for the workers.