Understanding the distinction between contractors and employees and the re-characterisation of a contractor into an employee
During the first round of negotiations of the North America Free Trade Agreement (NAFTA), Canada delivered a text based on the need to comply with the 8 Fundamental Conventions of the International Labor Organization (ILO). Mexico has ratified 7 of the 8 Fundamental ILO Conventions and is likely to also ratify Convention No. 98, which is still pending
On July 17, 2017, the U.S. Government officially published and served the Canadian and Mexican Governments with a document entitled “Summary of Objectives for NAFTA Renegotiation” which introduces a substantial chapter on labor rights. This new labor chapter of NAFTA basically addresses the same concerns as the Trans Pacific Partnership (“TPP”): freedom of association, right to collective bargaining, minimum living wages, fair and transparent labor justice.
Second Chamber of the Supreme Court of Justice issued a binding opinion according to which when a female worker alleges having been dismissed due to her pregnancy, the defendant (employer) has the burden of showing in trial that the causes for dismissal were different.
L&E Global’s 2017 Global Handbook | Employees vs Independent Contractors
Second Chamber of the Supreme Court of Justice issued a binding opinion according to which, if, during a trial, there is controversy regarding the length of the ordinary work journey and, indirectly, on the extraordinary work journey of an upper-level trustworthy employee holding the position of Director, Administrator or Manager, given the minimum possibility that the employer generates attendance controls for such employees, the burden of proof is on the employee, because the employer is not in a better position to accredit such fact.
The Chamber of Representatives approved a bill that amends Sections 513, 515 and adds Section 151 Bis to the Mexican Federal Labor Law to update the Tables of work illnesses and valuation of permanent disabilities resulting from work hazards. The bill was passed on to the Senate for its approval.
Last February 3rd, the Local Congresses approved President Enrique Peña’s bill to substantially amend the Mexican Constitution on Labor Justice. According to this Constitutional Reform, Labor Justice will be administered by Labor Courts belonging to the Federal or Local Judicial Branch; a decentralized body is created, which will be responsible for substantiating a mandatory pre-trial instance and for the registration of unions and Collective Bargaining Agreements. It is likely that a Procedural Labor Code will be discussed and enacted afterwards, which will rule the administration of labor justice.
INEGI fixed the new value of the UMA at $75.49 pesos daily, $2,249.90 pesos monthly, and $27,538.80 pesos annually. The corresponding adjustments to federal, state laws and their regulations for the effect of eliminating references to the minimum wage, must be performed no later than January 28.
employers have the burden of proving the overtime worked, when payment is claimed based on Article 67 of the Federal Labor Law and it does not exceed 9 hours a week.