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SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL. LEY FEDERAL LABOR LAW TITLE XI PROFEDET LABOR AUTHORITY ARTS. 530-536 BROADENING OF FUNCTIONS: 1. REPRESENT.

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Presentation on theme: "SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL. LEY FEDERAL LABOR LAW TITLE XI PROFEDET LABOR AUTHORITY ARTS. 530-536 BROADENING OF FUNCTIONS: 1. REPRESENT."— Presentation transcript:

1 SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

2 LEY FEDERAL LABOR LAW TITLE XI PROFEDET LABOR AUTHORITY ARTS. 530-536 BROADENING OF FUNCTIONS: 1. REPRESENT OR COUNSEL ON DIFFERENCES AND CONFLICTS ON LABOR CONTRACTS 2. PROPOSE AMICABLE SOLUTIONS TITLE VIII PROFEDET ARTS. 334 SECT. III FUNCTIONS: 18 1931 AUGUST 11 1933 SEPTEMBER 14 1999 DECEMBER 1 1970 MAY 2 1975 JUNE REGULATIONS LEY FEDERAL LABOR LAW REGULATIONS 7 1929 MARCH CREATION OF THE PROFEDET AGREEMENT OF THE COMMERCE, INDUSTRY AND LABOR MINISTRIES 1. APPLICATION OF ENFORCEMENT MEASURES 2. CREATION OF THE TECHNICAL ADVISORY COMMITTEE HISTORY-LEGAL FRAMEWORK 2. CONCILIATORY FUNCTION 1. DECENTRALIZED BODY FROM STPS FEDERAL AGENCY FOR LABOR DEFENSE SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

3 Legal Framework In Mexico, the application of labor regulations corresponds to the local and federal authorities, as established by the Constitutional article 123 in its Section “A”, fraction XXXI & 527, 528, & 529 of the Federal Labor Law. Given the PROFEDET is a Labor authority, in accordance with article 523 of the Federal Labor Law, it has jurisdiction over the application of the labor regulations of federal competence, according with Article 123, Section “A”, fraction XXXI, & Article 527 of the cited Law. On its part, the Enforcement of Labor Justice has its basis on the Federal Labor Law, in Chapter III, Title XI, (Art. 530-536) in which it establishes that the Agency for Labor Defense, through its attorney generals, advises and represents the workers that request the services of the Agency for Labor Defense, free of charge. The service is offered to those workers and their unions that request it.

4 ADVICE CONCILIATION REPRESENTACTION LEGAL NATURE 1. DECENTRALIZED BODY OF THE STPS 1. WORKING POPULATION AND BENEFICIARIES 1. COUNSEL OR REPRESENTATION OF THE WORKER, BENEFICIARIES OR THEIR UNION COMPETENCE OBJECTIVES 2. FILE RESOURCES IN DEFENSE OF THE WORKERS 3. PROPOSE AMICABLE SOLUTIONS 4. OVERSEE THAT JUSTICE ADMINISTRATION IS PROMPT AND EXPEDITE 2. WORKERS’ REPRESENTATIVE AND GOVERNING BODY OBJECTIVES, NATURE AND COMPETENCE 2. MATTERS OF FEDERAL COMPETENCE (FRAC. XXXI SECTION A, ART. 123) FEDERAL AGENCY FOR LABOR DEFENSE SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

5 What is the role of the PROFEDET within the labor community?  It is a decentralized body of STPS with technical and administrative autonomy.  All its services are free of charge.  Founded in 1929.  In charge of complying at a Federal level, the functions conferred by the Federal Labor Law, the Internal Regulations of the Secretary and the Regulations  Guides and counsels the workers, its beneficiaries and unions on the rights and obligations derived from the labor and social welfare norms, as well as the procedures and competent bodies available to assert them; it also receives the complaints about non-compliance and violations of the labor and social welfare regulations from the users, summons the actors of the production to reach conciliatory solutions for the conflicts they face, and represents the target population, when they request it at the jurisdictional, administrative bodies, and any other public or private institution, to enforce the actions and resources which correspond with the ordinary way, special even at the appeal trial, until its absolute closing;  460 people collaborate, located in central offices (72%) and in forty eight representative offices ( 28%).  The decentralized body has structure, plans, programs, objectives, and indicators to develop their mission and to establish congruence with the desired position in the future, considering the current referrals of austerity, reasoning and budget discipline.

6 What are its faculties? The current rules, apart from other regulations, establish amongst the PROFEDET attributions, the following: Guide and counsel the workers, its unions, or beneficiaries about the rights and obligations derived from the labor and social welfare laws, as well as the procedures and competent bodies available to assert them; To perform the planning, programming, organization, guidance control and assessment of its activities, in accordance with the applicable legal norms and regulations issued by the Secretary To propose the interested parties amicable solutions to settle their conflicts, through the signing of agreements out of trials and making them stand in authorized reports;

7 To receive from workers, their unions or beneficiaries, the complaints on non-compliance and violations of the labor and social welfare regulations, and in the event, to summon the employers or unions to state their best interest, with warning that in the event of failure to appear, it will be applied, as a coercive measure, a fine up to one hundred times the general daily minimum wage and at the time and place of the non- compliance; To formulate the corresponding filings to the competent authorities for the non- compliance and violation of the labor and social welfare regulations and with the public prosecutor, the facts that allegedly constitute penal wrongful acts; To represent the workers, their unions of beneficiaries, when requested, at the jurisdictional, administrative bodies and any other public or private institution, to enforce the actions and resources that correspond in the ordinary way, special, even at the appeal trial, up to its absolute closing; To coordinate the actions of the Agency with the Labor Defense Agencies from the federation entities, in order to establish common criteria for the better compliance of the responsibilities conferred to them by Law; To administrate its own accounting; to make, analyze and consolidate its financial statements, as well as to provide the Secretary with the requested information and documentation, and The others conferred by the legal, regulated and administrative ordainments. The services provided by the Agency to workers, their unions or beneficiaries will be free of charge, except for the exceptions cases established by Law, by request from the part.

8 Mission, Vision and Objective MISSION To provide, free of charge, the services of counseling, conciliation and legal representation through a professional, honest and efficient service, promoting the prevention culture, privileging the conciliation as a way of expedite solution of the conflicts, and when necessary, the representation of the workers, beneficiaries and their unions, at the labor tribunals. VISION To be the federal government’s instance appropriately positioned at the society and acknowledged by its impartiality and adherence to the law in matters of providing legal justice, with a capacity to transform for the effective defense of labor. INSTITUTIONAL OBJECTIVE To provide labor justice in defense of workers in a free, expedite, honest and warm manner.

9 DIRECTORATE OF PROCESS CONTROL SOUTH ZONE DIRECTORATE OF PROCESS CONTROL SOUTH ZONE FEDERAL AGENCY COUNSEL AND TECHNICAL SUPPORT ASSISTANT GENERAL AGENCY COUNSEL AND TECHNICAL SUPPORT ASSISTANT GENERAL AGENCY CONCILIATION AND DEFENSE ASSISTANT GENERAL AGENCY CONCILIATION AND DEFENSE ASSISTANT GENERAL AGENCY FOREIGN AFFAIRS ASSISTANT GENERAL AGENCY FOREIGN AFFAIRS ASSISTANT GENERAL AGENCY ADMINISTRATIVE GENERAL SECRETARY DIRECTORATE OF COUNSEL AND BONDING DIRECTORATE OF CONSULTATION AND TECHNICAL SUPPORT DIRECTORATE OF LEGAL REPRESENTATION DIRECTORATE OF RESOURCES AND APPEALS DIRECTORATE OF PROCESS CONTROL NORTH ZONE DIRECTORATE OF PROCESS CONTROL NORTH ZONE DIRECTORATE OF PROCESS CONTROL CENTER ZONE DIRECTORATE OF PROCESS CONTROL CENTER ZONE DIRECTORATE OF MATERIAL RESOURCES AND GENERAL SERVICES DIRECTORATE OF HUMAN RESOURCES DIRECTORATE OF PLANNING FEDERAL AGENCY FOR LABOR DEFENSE ORGANIZATIONAL CHART ORGANIZATIONAL CHART 48 FEDERAL AGENCIES AND AUXILIARIES 48 FEDERAL AGENCIES AND AUXILIARIES SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

10 FEDERAL AGENCY FOR LABOR DEFENSE 16 17 CENTRAL ZONE 15 TOTAL 48 48 FEDERAL AGENCIES AND AUXILIARIES SOUTHERN ZONE NORTHERN ZONE 24 5 12 43 6 3 41 14 1 28 42 31 21 8 29 20 4 19 45 13 15 40 34 26 46 7 36 2547 16 22 9 11 23 2 17 37 27 35 18 33 39 30 32 10 44 10 38 SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL 48

11 What is the coverage of the services?

12 Companies

13 METHODMETHOD METHODMETHOD 1. PREVENTION 2. GUIDE INFORMS PRIORITIES ISSUES LEGAL ACTION TO EXECUTE (APPLICABLE ARTICLES) LEGAL ACTION TO EXECUTE (APPLICABLE ARTICLES) OBJECTIVES DECISION MAKING DECISION MAKING WORKER (INTERESTED) WORKER (INTERESTED) BENEFICIARY UNION REPRESENTATIVE 1. IDENTIFY THE APPLICANT 1. IDENTIFY THE APPLICANT BODY COMPANY INDUSTRIAL BRANCH 2. LOCATE THE CONSULTATION 2. LOCATE THE CONSULTATION QUESTIONING INTERVIEW COMMENTS FEDERAL COMPETENCE FEDERAL COMPETENCE LOCAL COMPETENCE LOCAL COMPETENCE TURNS INFORMS ISSUES 3. DEFINE THE PROFILE 3. DEFINE THE PROFILE 5. DEFINE THE TYPE OF PROBLEM 5. DEFINE THE TYPE OF PROBLEM LABOR LAW SOCIAL SECURITY OTHERS: FISCAL, PENAL, CIVIL. OTHERS: FISCAL, PENAL, CIVIL. FEDERAL AGENCY FOR LABOR DEFENSE 3. COUNSEL PREVIOUS ORIENTATION PERSONALITY PROBLEMS DETECT HIDDEN INFO. 4. APPLY THE TECHNIQUES AND/OR STRATEGIES 4. APPLY THE TECHNIQUES AND/OR STRATEGIES SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

14 FORMALIZATION OF THE CONCILIATION MINUTE OR AGREEMENT PROPOSALS OF ALTERNATIVES FOR SOLUTIONS TO SATISFY BOTH PARTIES CONCILIATION: IDEAL MEANS TO SOLVE LABOR CONFLICTS, MITIGATING EXPENSES, TIME AND LEGAL RISKS PROGRAM WITH ANTICIPATION (PREVENT) ANALYSIS OF THE CONFLICT NEGOTIATION WITH THE EMPLOYER (REPRESENTATIVE) WORKER’S ORIENTATION INTERVIEW ROGATORY TO DETERMINE CONTROVERSY LOCATE THE PARTS IN CONFLICT CREATE CLIMATE OF CONFIDENCE AND RESPECT ROGATORY TO DETERMINE CONTROVERSY LOCATE THE PARTS IN CONFLICT FEDERAL AGENCY FOR LABOR DEFENSE BY REQUEST OF INTERESTED, PREPARES LAWSUIT SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

15 FOLLOW UP LAWSUIT FOLLOW UP AGAINST THE WORKER 1. PREFACE 2. BENEFITS 3. FACTS 4. LAW 5. PETITION ITEMS 6. CASE LAW 1. ANALYSES POWERS OF DEFENDANT 2. PREPARES EVIDENCE 4. PRESENTS EVIDENCE 3. MAKES OBJECTIONS 2. PRESENTING HEARINGS 1. EVIDENCE HEARINGS ANALYSES APPLICABILITY OF ACTION CONCILIATION AND ARBITRATION FEDERAL BOARD APPEAL FILING FEDERATION JUDICIAL BRANCH COLLEGIATE TRIBUNAL FEDERAL AGENCY FOR LABOR DEFENSE 1. APPROACH 2. OVERRULED VIOLATIONS ENFORCEMENT PROCEDURE OR FORECLOSURE IN FAVOR OF WORKER WORKER’S LEGAL REPRESENTATIVE SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

16 4. LITIGANT 5. PUBLIC WORKER LE Y 1. EXPERT IN LAW 2. ADVISOR3. CONCILIATOR PROFILE OF THE ATTORNEY GENERAL FOR LABOR DEFENSE 6. ASSIST. OF LABOR COURTS 7. LABOR AUTHORITY 9. TEAMWORK COLLEAGE 1O. PROTAGONIST NEW LABOR CULTURE 8. REPRESENTATIVE PROFEDET 11. PART OF THE LABOR SECTOR SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL

17 OFFERED SERVICES DECEMBER 2006 – NOVEMBER 2008 SIMPLE ADVICE10,976 FILES8,807 OPINIONS764 CANALIZATION LETTERS10,636 VERBAL COUNSEL26,787 E-MAIL4,792 TEL. ADVICE59,659 STATE CONSULT. 9,445 GRAND TOTAL131,866


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