Puebla Presentation DEFENCE OF WORKERS AND DISMISSAL CLAIMS December 2008.

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Presentation transcript:

Puebla Presentation DEFENCE OF WORKERS AND DISMISSAL CLAIMS December 2008

Puebla Introduction What is PROFEDET? The Federal Defenceof Labor Attorney’s Office “PROFEDET” is a decentralized body reporting to the Ministry of Labor and Social Welfare. By its nature, it is a public service institution of an eminently legal nature for enforcing labor standards in the workplace, whose functions are expressly spelled out in articles 530 and 536 of the Federal Labor Law.

Puebla Services What do we offer? Labor consulting Conciliation Legal representation All so we can “LIVE BETTER” Who does PROFEDET serve? Workers Their beneficiaries and Unions

Puebla Any worker who has been wrongly dismissed can be represented by the State through bodies created for that purpose. For workers under federal jurisdiction, this is the Federal Defence of Labor Attorney’s Office which, under its legal mandate, must meet that responsibility. Thus, under article 530 of the Federal Labor Law and articles 33, 34 and 35 of the Employment Relationship Regulations, any worker who requests it will be supported free of charge before jurisdictional and administrative bodies and any public or private institutions in disputes arising from a labor relationship and of course in cases of dismissal.

Puebla Claims may be made: In writing Accompanied by as many copies as necessary The facts on which the claim is based must be specified. To maintain sources of labor, PROFEDET recommends that workers using the institution’s services request reinstatement to the same position and under the same conditions as when they were previously employed.

Puebla Requests for reinstatement are strictly in compliance with the law since wrongful dismissal contradicts the principle of employment security. Thus, it is important to understand that reinstatement is, according to Mario de la Cueva: “The restoration or reestablishment of the worker’s rights within the company, rights that arise from the objective legal situation created between the worker and the employer when workers provide services.”

Puebla Likewise, it is important to understand reinstatement as the institution guaranteeing the right to employment security. Mandatory reinstatement ensures workers that they cannot be dismissed so long as they do not give cause. Thus, when a worker is dismissed, article 48 of the Federal Labor Law allows him to choose constitutional indemnity or reinstatement in the same place and under the same conditions as when he was previously employed. Restoration of a worker’s rights implies that he may enjoy those he acquired before being dismissed as well as those that he should have acquired while providing services during the time of suspension.

Puebla The things we use to support and assert workers’ rights are: Political Constitution of the United Mexican States International treaties and agreements The Federal Labor Law Judgements in similar cases General legal principles General social justice principles Case law Custom Fairness Contract law Collective agreements and individual work contracts

Puebla Dismissal cases are governed by the provisions of Title Fourteen, Chapter XVII of the Federal Labor Law concerning ordinary procedure before federal conciliation and arbitration boards. The process begins with the presentation of a written request to the filing desk or the receiving unit of the competent board, which files it and sets a day and time for the tri-phase hearing.