for calculation of back wages, the interests generated (2% rate over a 15-month salary basis) must be capitalized at the time of payment.
a 3.9% increase to the general minimum wage for 2017 was approved, which will amount to Mx $80.04 pesos.
According to the Law, employers’ and employees’ representatives must present to the Board of Representatives their studies in the field no latter than November 30, 2016. The Board of Representatives must issue its resolution setting the new minimum wage in December 2016.
On October 20, 2016, the House of Representatives approved the reform to several provisions of the Mexican Constitution on labor justice. The bill was sent to the Local Congresses and, if approved by the majority, it will be sent to the Administrative Branch for its enactment.
The rules for calculation of back wages apply only to proceedings started on December 1, 2012 or afterwards, even when the dismissal occurred before that date and provided that the statute of limitations of 2 months, for the employee to initiate a labor action, goes beyond it. This, because the employee’s right to receive back wages arises on the resolution determining that the separation was unjustified.
When an employee who worked overtime in a continuous shift claims such payment, but fails to precisely detail the time scheduled for rest and meals, this does not necessarily make his claim improbable. Thus, it is lawful for the Labor Boards and the Courts of Appeal to study the objectivity of the employee’s arguments regarding the overtime s/he alleges to have worked.
Trustworthy employees cannot participate in or exercise the right to strike, because they represent the interests of the party holding capital in labor relations and, as such, it would be a contradiction that they sought the balance between the production factors from the person they embody and represent, because it would invariably go against the employer’s will and the company itself would be affected.
The Mexican Senate approved a number of amendments to Article 123 of the Constitution, which regulates labor matters. In order for these constitutional reforms to be effective, it requires the approval of the House of Representatives and the approval of the majority of the local Congresses. If approved, it will be sent to the Executive Branch for its enactment.
The Valuation Table for Permanent Disabilities sets the percentages applicable per type of suffering derived from work hazards and illnesses. The Table is addressed to the specialists of the Mexican Institute of Social Security, who will determine the percentage of disability and salaries to be paid by the employer.
Addressed to all companies doing business in Mexico, the Protocol to Prevent Work Violence, Harassment, and Social Harassment is intended to be an instrument to diminish the impact on employees’ health at the time it increases productivity, with the goal of creating a fair labor environment.