Labor law

Essay #8

Elizabeth Stephanie Hernández Casas 1998063

Work risks are all the accidents and diseases that workers are exposed to while working.
Work accidents are injuries, disturbances, death, or disappearance caused by a crime act
that occurred while working or on the way to work or home after work. Work diseases,
however, are any pathological state caused from work performance or work environment.
Work diseases are actualized in the Diario oficial de la federación. The cases that are not
considered work risks are: when the worker is drunk or under drug influence, or prescription
medicine that wasn’t notified to the employer; when the accident is not true; and when the
accident is result of a crime, or intent of suicide.
Work accidents and diseases must be notified immediately by the employer to the IMSS.
Workers who suffer a work risk are entitled to medical surgical and pharmaceutical
assistance, hospitalization, rehab, prosthetics and orthopedics, and economic
compensation.

The benefits of maternity insurance begin with a certificate of the iMSS, which contains an
approximate date of delivery or birth. The maternity benefits are: obstetric assistance,
lactation assistance during 6 months after birth, and a layette (canasta básica para el bebé)
once the baby is born. Mothers have the right to a subsidy of 100% of their salary during 42
days prior and after the birth. if: they worked for at least 30 weeks in a 12 month span, prior
to the subsidy, the IMSS certified the pregnancy and approximate date of birth , and if the
pregnant person didn’t work during her pregnancy break.

The benefits of the disease insurance also begin with a certificate of the IMSS, the institute
will determine if hospitalization is necessary, the approval of the injured employee or parents
if underage is needed unless they are incapable because of the disease.
The IMSS will provide health services directly or through other private organisms, and a list
of the most helpful meds. Workers will receive 60% of their salary as a subsidy (only if they
have worked for the last 4 weeks prior to the disease). If the worker does not want to be
hospitalized (when needed) or interrupts the treatment they will not be entitled to subsidy.

There is a disability when, derived from a non-work related accident or disease, the
employee can’t get a job that pays at least 50% of their last year’s salary. Employees must
have 250 quoted weeks in the IMSS to obtain the disability insurance. If the IMSS declares
75% or more of disability, the employee must have 150 quoted weeks. If the worker don't
have enough weeks and has a permanent disability, all the savings up to that point are
given. If the employee does not want to commit to studies or treatments, the disability
insurance stops.The disability pension is equivalent of 35% of the average from the workers
last 500 quoted weeks. Disability insurance does not apply when: The disability was
intentionally provoked, or is a result of an intentional crime from the worker, and when the
disability occurred before joining the Institute.
Life insurance states that when the employer dies the beneficiaries obtain: widow’s pension,
orphan’s pension, ascendancy pension, assistance for the widow, and medical assistance.
For the beneficiaries to obtain the benefits the deceased worker must have: worked for 150
weeks, or have a disability pension, and not have died in a work accident.

Widow’s pension: Entitled to the wife, woman with whom the worker lived for the last 5 years
prior to his death, or the woman with his children if not having another wife. *The same
pension will apply to a male widower, if he was economically dependent on the female
worker. Widows will be entitled to 90% of the disability pension. Not applicable when: the
death occurred 6 months before marriage, mariage happened after the worker turned 55
years old unless the death happens 1 year after marriage, the worker was receiving a
disability pension by the time of the marriage.

Orphan's pension
People less than 16 years old whose mother or father was insured and had 150 quoted
weeks in the IMSS, receive a pension equivalent to 20% of the disability pension. if both
parents die it rises up to 30%. If the orphan is studying in any national education system, the
pension lasts up to their 25 years of age.

Ascendancy pension applies when there is no widow, orphans, or concubine. The 20 % of

the pension goes to the ascendants who depend economically on the worker.

Retirement pension: when the worker has 60 years old and not being able to land a
remunerated job, or after turning 65 years. To receive this pension, workers must have min
1,250 quoted weeks.

Individual Accounts in which economical inputs will be administered are divided into:
retirement 6.5% (AFORE) , and housing 5% (INFONAVIT), and voluntary inputs
AFORE is the private administrator of retirement founds. Currently, there are 10 AFOREs in
México.
- every worker can change his or her AFORE once a year
- workers can make contributions
- workers can retire of voluntary inputs once every 6 months
- workers can withdraw from their Retirement sub-account whenever they have been
46 days unemployed.
- Every 6.5 % of the salary goes to the individual account of the worker. The employer
contributes with 5.15%, the employee with 1.125% and the Federal Government with
0.225%.