LABOR LAW

Hiring and Termination of Employment: We specialize in informing our clients about the relevant aspects of Labor Law, always in an updated manner, taking into account the latest reforms in labor matters and deepening in all those special and conflictive situations that are generated in the professional practice.

One of our main commitments is to take care of and maintain the sources of employment, that is why both hiring and termination of employment are done in a strategic manner, covering all aspects that could result in a labor contingency.

Internal Labor Regulations and Global Policies: The Federal Labor Law contemplates an instrument to establish rules and specifications that regulate the activities and behavior of those who collaborate in the Work Centers. The Internal Labor Regulations include the rules established for both employees and employers, and their purpose is to maintain a cordial, structured and orderly labor relationship that avoids conflicts and ensures productivity and the achievement of the company’s objectives.

We advise our clients in the preparation of such regulations in order to provide the employer with greater control over the organization; prevent risks; provide a safe environment and avoid possible legal conflicts, in addition to ensuring that they comply with all the requirements to be deposited at the Federal Center for Labor Conciliation and Registration.

Employee Transfers: As a consequence of mergers and acquisitions between companies, labor aspects must be executed as carefully as possible, avoiding future contingencies. Whether through employer substitutions, personnel transfers or terminations with seniority recognition, we advise companies to carry out this type of corporate-labor movements.

Collective negotiations: Collective negotiations are a fundamental mechanism of social dialogue, through which employers and unions can agree on fair wages and adequate working conditions, such as professional training, occupational safety and health, and equal treatment.

The law establishes a minimum floor for each collective bargaining agreement, the new collective bargaining agreement may not contain lower benefits than those contained in the current agreement. Thus, if the current contract establishes a 3% wage adjustment, the employer cannot offer a lower adjustment than 3% in the new negotiation. However, there are some tools that the company could use if, due to an economic crisis, it cannot offer the same conditions.

We advise our clients in all types of collective procedures, in order to ensure the maintenance and normal business development of the source of employment in question.

Confidentiality and non-competition agreements: Legal documents that, generally, form an accessory part of the Individual Employment Contract, in which the employee assumes the obligation not to disclose or make use of confidential information provided by the company or not to compete in a certain market or with respect to a certain activity, line of business or industry for a certain period of time in a specific region or territory.

We advise our clients so that such agreements do not go against Fundamental Rights contained in the Political Constitution of the United Mexican States, the Federal Labor Law or the Federal Law of Economic Competition.

Compensation plans: Part of our commitment to our clients is to help them increase employee satisfaction, as well as improve their productivity and retain talent through the strategic application of labor compensation policies, always taking care and informing them of the legal obligations that each decision implies, either because it generates inequality or because specific aspects are contained in the Federal Labor Law that must be addressed.

Labor audits: They allow companies to avoid or mitigate risks or non-compliance with current regulations that could generate substantial adverse sentences in labor lawsuits, or fines from the labor authorities.

We help our clients to maintain a strict and comprehensive surveillance. In this way, we can identify vulnerabilities and suggest timely action plans to correct the irregularities detected.

Training and education: We support our clients with training and education sessions on all kinds of labor issues, which aim to minimize or eradicate labor contingencies, as well as to guarantee a dignified place to develop labor functions.

We know that it is not enough to create policies, codes or regulations to affirm that the protection of these fundamental rights is guaranteed, it is necessary to create adequate guidelines that establish the measures of action to be considered in the event that they are violated based on Mexican Official Standards, International Conventions, Recommendations of the International Labor Organization (ILO), ISO Standards (International Organization for Standardization), as well as the attention of specific aspects of each of our clients.

Defense of individual and collective litigation: We opt for an effective dispute resolution system that contains labor contingencies within acceptable economic and social limits, always focused on contributing to the maintenance of an environment conducive to development, economic efficiency and social equity.

Appeal litigation (amparos): We offer comprehensive advice, exhausting all available remedies. The amparo trial is a means of defense against final acts of the jurisdictional or administrative authorities involved in individual or collective labor disputes or conflicts.

Strike Proceedings: The purpose of the strike call is the execution of the Collective Bargaining Agreement or to demand its revision at the end of its term; to observe if there are violations to such agreement; to demand compliance with profit sharing or the revision of contractual salaries, among other similar purposes.

Labor inspections: The Ministry of Labor and Social Welfare has the power to visit companies to conduct labor inspections, either on an ordinary or extraordinary basis. We advise our clients to monitor compliance with labor regulations, accompany them during the inspections and respond to the observations in order to avoid fines, mainly in labor and safety conditions or subcontracting.

Claims of ownership: In collective matters, the fact that a union is recognized by the authority as the legal representative of the workers in a work center is called ownership. By holding the Collective Bargaining Agreement in question, such union becomes the only one that will be able to negotiate better working conditions. We accompany our clients in the day to day union matters, including this type of conflicts between unions.