What are the Employer's Obligations in Mexico?

For a harmonious development of work relationships within a company to take place, it is very important that workers and employers have knowledge of the obligations required to perform their work daily.

The employer obligations They tend to be different, even the Federal Labor Law highlights the obligations of employers in a different way than their prohibitions. This means that within the obligations that must be fulfilled, there are some that are essential in terms of compliance, as well as some that should be allowed to the workers.

The Mexican Social Security Institute has the obligation to guarantee the consequence of its actions, since they must be totally legal and provide the certainty and legal security, which is established in article 16 of the Political Constitution of the United States Mexicans.

Obligations of the employers of Mexico

In the Article 132 of the Federal Labor Law

, all the obligations that the employer has to fulfill, among them are the following:

• Comply with all available work rules that apply within the company.
• Make adequate wage and severance payments to employees.
• Provide the necessary materials and instruments to workers for good job development.
• Prepare a safe place for the protection of the instruments that belong to each worker.
• Be careful with bad verbal treatment of employees.
• Deliver every 15 days a list of the days worked and the payment received.
• Provide the worker with a proof of work, if requested.
• Grant the employee the time he needs to vote in popular elections.
• Make the unions aware of the collective agreement and present them if new positions have been created, if there is the possibility of permanent or temporary vacancies.
• The company must register when it has more than one hundred or less than a thousand employees, the expenses generated by technical studies in specialized centers, which are national and international. If you have more than a thousand workers, you are obliged to provide three scholarships and the scholarship holders, upon completion of their studies, have to provide their services to the company, at least for one year.
• Benefit employees with training.
• Work depending on the provisions that are established in the regulations and official regulations of Mexico in relation to safety, health and the environment in order to avoid the appearance of accidents or diseases labor.
• Against with appropriate facilities for the easy access and development of tasks of individuals with disabilities.
• Always have all kinds of medicines and first aid materials available to efficiently assist the worker at the right time.
• Place so that all workers can view the regulations and official Mexican standards, related to health, safety and the work environment.
• Comply with the provision of health emergency services.
• Provide unions in rural centers, an unoccupied place where they can set up their office, charging an adequate rent.
• Make deductions requested by the unions from the ordinary fees, while it is proven that they are governed by article 110, section VI.
• Make the deductions from the fees for the promotion of cooperative societies and savings banks that the law includes.
• Be permissive with the inspections and vigilance that the labor authorities need to verify that everything is being complied with within the corresponding standards.
• Promote sports and cultural activities among employees, providing them with the materials and equipment they need.
• Make the deductions allowed by law and disclose this information to banks.
• Benefit pregnant women, with the protection established in the regulations.
• Grant five-day paternity leave without salary deductions.
• Be a participant in the operation and integration of the commissions that must be formed in each work area.
• If the employer violates or does not comply with any of these obligations, it would be legally restricted and must submit to the corresponding processes before a competent labor court.

Pattern prohibitions in Mexico

In addition to the obligations mentioned above, the employers also have certain prohibitions that are listed in the Article 133 of the Federal Labor Law, these prohibitions are as follows:

• Denying acceptance of people for reasons of ethnic origin, age, social condition, religion, preferences sexuality, gender, marital status, disability, health condition, opinions or some other criteria discriminatory.
• Force employees to buy consumable items at designated locations.
• Accepting money from workers in a rewarding way.
• Require employees to join or withdraw from unions.
• Make investments within the union regime.
• Make collections or authorize subscriptions in work establishments.
• Perform various acts that inhibit employees of their rights.
• Promote religious or political advertisements within the company.
• Placing laid-off employees within systems that prohibit them from returning to employment occupation.
• Carrying weapons within the company.
• Make a presence in the company under the influence of drugs or alcohol.
• Perform acts of harassment or sexual harassment within the workplace.
• Be permissive in the face of violent acts or sexual abuse within the company's facilities.
• Require medical certificates of negative pregnancy results for admission, promotion or permanence within the company.
• Dismiss due to pregnancy, change of marital status or having minor children who require care.