Lesson 3HR

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The rights given to the Mexican workers are:

Federal Labor Law: it’s about the contracts of the employee’s, the working hours, the paid
vacation, the minimum wage, overtime, their benefits also issue of collective bargaining
and labor unions.
Mexico has a minimum wage adjusted by the government, it may vary according to the
geographical area and economic zones, for example Mexico is divided into 2 zones the
general minimum wage: is $207.44, and the Northern Border Area minimum wage: is
$312.41.
The working hours are 8 hours per day, maximum 48 hours per week; However, this can be
extended to 12 hours under specific circumstances and with overtime pay, Workers are
entitled to additional compensation for overtime work, typically 100% above their regular
hourly wage. The workers may rest one or two day a week typically Saturday or Sunday.
Vacation and Holidays: Employees in Mexico are generally entitled to at least 6 paid
vacation days after one year of service. The number of days increases with each year of
service. Mexico has several paid holidays, including New Year's Day, Labor Day,
Independence Day, and Christmas. Workers are entitled to a day off with pay on these
holidays. Also, they have a Christmas Bonus AKA “Aguinaldo” this is equal to at least 15
days' worth of salary, which is typically paid before December 20th.
Maternity and Paternity Leave: The Mexican workers have this permission to go with their
kid, the maternity its given to pregnant women and the paternity leave its to the new
fathers, this permission is paid with a specific duration. Women have 12 weeks full paid,
and men five working days of paid paternity leave per child, if the birth is complicated or
the mother of the child passes away during birth, the father is entitled to additional leave
but is not mandated by law.
Termination and Severance Pay: In case of termination without just cause, employees are
entitled to receive severance pay based on the length of their employment. The employee
is always entitled to receive a severance payment from the employer, referred to as the
“finiquito” that is composed of: Accrued and unpaid wages. The proportional amount of
the year-end bonus “Aguinaldo”.
The safety and social security: Employers are required to register their employees with the
IMSS or ISSSTE depending on their work, they have access to health care, and it
guarantees their income in case of sickness or maternity, also the employers are obligated
to provide a safe and healthy work environment and workers have the right to refuse to
work in unsafe conditions without risk of losing their jobs.
Protection for Older Workers: here are special protections for older workers, such as
limiting the reasons for termination and providing additional severance pay. Age
discrimination in employment cannot be legally justified in Mexico.
Employer responsibilities in Mexico include making the essentially important effort to
understand the functions and follow the regulations of the country’s Social Security
system, the contents of its Federal Labor Law and the scope and breadth of its Safety and
Hygiene Regulations.
In Mexico, there are some rules for workers to follow at their jobs to keep a safe and
productive working environment. This are some of them:
The punctuality, Mexican labor laws expect workers to be punctual and arrive at work on
time. Consistent tardiness or absenteeism can lead to disciplinary action or even
termination.
Workers are expected to behave professionally and respectfully towards colleagues,
superiors, and customers. This includes refraining from harassment, discrimination, and
unethical behavior. In some companies exist a dress code that the workers may follow in
their time during work, worker need to have some skills like conflict resolutions,
adaptability, confidence, and teamwork. Cooperation and collaboration with colleagues
are essential. Workers should work together to achieve common tasks and resolve
conflicts in a constructive manner, also they should be prepared to engage in conflict
resolution processes and seek amicable solutions to workplace disputes.
Productivity: Employees are expected to perform their job duties competently and
efficiently. This includes meeting job expectations and contributing to the overall success
of the organization. Productivity in Mexico averaged 102.73 points from 2007 until 2023,
reaching an all-time high of 112.37 points in March of 2014 and a record low of 84.80
points in May of 2020.
Workers have a responsibility to follow safety regulations and guidelines to maintain a safe
working environment. They should report unsafe conditions or incidents promptly.
Workers are expected to comply with the company's rules, policies, and procedures,
including those related to dress code, internet use, and confidentiality, they must use
company resources responsibly and protect company property and information from theft
or damage. If they see some violations of labor laws, company policies, or unethical
behavior to appropriate authorities or management they can report them to their boss.
If in customer-facing roles, providing good customer service and representing the company
positively.

It's important for Mexican workers to understand and adhere to these responsibilities, as
not doing so can result in disciplinary actions, such as warnings, suspension, or even
termination, depending on the severity of the breach.
Labor unions in Mexico are known as "syndicates,” that are organizations formed by
workers to collectively represent their interests and negotiate with employers to improve
working conditions, protect workers' rights, and advocate for better employment terms.
The CTM has increasingly become more agreeable to employers’ moves aimed at
increasing productivity and creating jobs. Until Mexican labor reforms implemented in
2012 came into effect, the inner workings of labor unions in Mexico were, too a great
extent not visible to their memberships.

Labor unions operate in Mexico and their role in protecting workers' rights and advocating
for better working conditions:
Union Formation and Registration: Mexican labor law recognizes the right of workers to
form and join labor unions. Employers are prohibited from interfering with these rights.
Labor unions must be registered with the Mexican government to be officially recognized
as legitimate bargaining representatives.
Collective Bargaining: Labor unions negotiate collective bargaining agreements (CBAs) with
employers. These agreements include wages, working hours, benefits, and dispute
resolution mechanisms. Once a CBA is negotiated, it is subject to a vote by union members
for ratification. If approved, the CBA becomes legally binding.
Representation: Labor unions represent workers in discussions with employers regarding
workplace issues, grievances, and disputes, unions may provide legal assistance to workers
in labor-related matters.
Strikes and Labor Actions: Workers in Mexico have the legal right to strike when
negotiations fail to resolve labor disputes, there are specific legal requirements and
procedures that must be followed for a strike to be considered legal. Unions may also
organize work stoppages, protests, or other forms of labor action to press employers to
address their demands.
Advocacy for Better Working Conditions: Labor unions advocate for improved working
conditions, such as safer workplaces, better benefits, and job security. They may also
engage in campaigns to raise awareness about workplace issues, lobby for labor law
reforms, and participate in broader labor movements.
Social and Political Engagement: Labor unions in Mexico often play a role in politics and
social issues. They can be influential in advocating for labor rights, social justice, and other
causes.
Labor unions in Mexico are vital in ensuring that workers' voices are heard, and their rights
are protected. They work towards creating fair and equitable working conditions while
actively participating in shaping labor policy and promoting social justice.
Case Study. Safety problems for industrial workers

Cuts, punctures, abrasion, vibrations, or burns are some of the main problems that the
hands of most workers in the industrial sector must face daily. And, according to recent
studies by international organizations related to occupational safety, they have shown
that three out of every ten workplace accidents located in the upper extremities are due
to the use of an inadequate or poor-quality protective solution.
Likewise, data from the same studies show that seven out of every ten industrial workers
who have suffered injuries to their hands, and who have caused sick leave, did not use any
type of protection.
Tomás Bodero Saiz, CEO of the company, explains “at TB Group we apply the axiom 'more
security equals lower cost'. And it is proven that having the best protection solution in
each position generates savings in Human Resources.
According to data from the Ministry of Employment and Social Security, work accidents
that caused sick leave during 2019 are increasing by 5% compared to 2018. The sectors
with the highest data are manufacturing industry, commerce, vehicle repair, construction,
hospitality, health activities and social services, transportation and agriculture, livestock
and fishing, many people find this type of work faster and easier even though they are not
completely sure and do not report it to the company administration.
In some cases, workers do not have adequate access to PPE such as hard hats, gloves,
goggles, safety boots, thereby increasing the risk of injury, some workers are also often
exposed to hazardous chemicals and substances, which can lead to long-term health
problems if proper safety measures are not taken. Companies are to blame for failing to
comply with workplace safety regulations and not providing a safe work environment for
their employees.
In this case there 1 law that is being breached, which are safety and social security, since
the company is not fulfilling its part that it must take care of the physical integrity of its
employees. Not many companies have a good accident protocol. and when something
happens, they do not know how to control it quickly and efficiently, some companies do
not have good insurance or a hospital so that they can be treated quickly and well.
In some companies there is no good or healthy environment where their employees can
stay healthy, many times there are companies that are not responsible for accidents, so
the employee or employees decide to sue because they work in conditions that are risky
for their integrity and the companies are closed, but when they follow the accident
protocol none of the employees can be affected by losing their job or being discriminated
against.
The responsibility of those workers that suffer from an accident because they don’t have
the adequate protection is the responsibility to follow safety regulations and guidelines to
maintain a safe working environment because they should report unsafe conditions or
incidents promptly while doing their work so the company could do something to fix it.
Also, to comply with the company's rules, policies, and procedures because if they don’t
follow maybe the protocols or have the knowledge of what they need to do something
bad can happen.

The parties involved are:


The Ministry of Labor and Social Welfare (STPS):, that is responsible for overseeing compliance
with labor laws in Mexico. Workers can submit complaints and reports about workplace safety
violations to the STPS.

The Mexican Social Security Institute (IMSS) and the Institute of Security and Social
Services of State Workers (ISSSTE) provide health care and social protection services to
workers. In the event of work-related injuries or illnesses, workers can seek care and
benefits through these institutions.
Some NGOs in Mexico are dedicated to promoting and defending labor rights and workplace
safety. They can provide resources and support to workers in problematic situations.

In situations where workers face safety issues at work and believe that their human rights
are being violated, they could turn to the CNDH for guidance and advice on how to
address their situation. The CNDH could, in some cases, help ensure that human rights are
respected in the workplace.
What I learned is that there are many rights that can help us when we have a problem to
be well, that all rights are focused so that all individuals have a good quality of life and
achieve in a way that we feel happy and safe, I also believe that all rights are connected to
the problems that arise in each geographic area, for example in Mexico there are different
rights than in other countries but they still share similarities.
The labor laws in Mexico look for the well-being of the employee but also for that of the
family, in Mexico it is that each employee works a maximum of 8 hours a day, that the
salary has to be sufficient to be able to buy the basic basket and that It depends on the job
or area, vacations and holidays are also paid and there is a Christmas Bonus, that when a
woman is going to have a child she is given permission to be absent and it is paid just like
that of men but they have less days and that it is important that workers have some type
of insurance in case of an accident.
I want to study medicine so my responsibilities as an employee would be behave
professionally and respectfully towards colleagues, superiors, and customers so we can
have a good work environment, productivity so I can be efficient with patients and the
hospital, provide a good service and continue hospital rules.
Understanding these rights and responsibilities will help me to navigate in my medical
career in Mexico. It ensures that I can receive and give fair treatment, while also
promoting my professional growth and the safety and well-being of my patients.
Moreover, having this knowledge empowers me to advocate my yourself and my patients
when necessary, contributing to a positive and ethical healthcare environment.
In conclusion, the rights and regulations governing Mexican workers play a crucial role in
ensuring their well-being and fostering a healthy work environment. These rights cover
aspects of employment, including contracts, working hours, minimum wage, vacation,
maternity and paternity leave, termination and severance pay, safety, and social security.
The Mexican labor laws are designed to protect the rights of workers, promote fair
compensation, and establish safety standards that are fundamental for employee health
and productivity.

One significant impact of these labor laws is the assurance of basic rights for Mexican
workers. They guarantee fair wages, paid time off, and social security coverage, which, in
turn, contributes to a higher quality of life for employees and their families. Moreover, the
legal framework ensures that employers maintain a safe working environment and adhere
to safety regulations, reducing the risk of accidents and injuries.
The role of labor unions, or "syndicates," in Mexico is pivotal in safeguarding workers'
rights and advocating for better working conditions. These organizations represent the
collective interests of employees, negotiate with employers, and address workplace issues,
grievances, and disputes. The presence of labor unions is instrumental in achieving more
equitable working conditions and upholding the rights of workers.
The case study about safety issues for industrial workers underscores the importance of
adhering to safety regulations and guidelines. When workers do not have access to
adequate personal protective equipment or when companies fail to provide a safe work
environment, the risk of accidents and injuries increases. This not only impacts the
physical well-being of workers but can also lead to increased healthcare costs and lost
productivity for employers.
As I am looking for a career in medicine, understanding the rights and responsibility is
essential. The responsibilities as a medical professional include providing quality care,
adhering to ethical and professional standards, and working in collaboration with your
colleagues to ensure the well-being of your patients. By adhering to these responsibilities
and advocating for your rights, you can contribute to a positive and ethical healthcare
environment, ultimately benefiting both yourself and your patients.
So, the rights and responsibilities of Mexican workers are integral to maintaining a just and
productive workforce, and they have far-reaching implications for the quality of life, safety,
and well-being of employees and the success of businesses in Mexico. These regulations
and the role of labor unions create a framework that supports both workers and
employers, ultimately contributing to a healthier and more equitable society.
Mexperience, & Mexperience. (2023, January 10). Mexico’s minimum wage increased by

20% for 2023. Mexperience | Experience More of Mexico.

https://www.mexperience.com/mexicos-minimum-wage-2023/

Paternity Leave Rules in Mexico: Everything You Need To Know. (n.d.).

https://www.remofirst.com/post/paternity-leave-in-

mexico#:~:text=leave%20in%20Mexico.-

,Paternity%20Leave%20Laws%20in%20Mexico,is%20entitled%20to%20additiona

l%20leave.

Cornejo, R. (2023, July 28). Social Security in Mexico: the whole picture. Start-Ops

Mexico. https://start-ops.com.mx/social-security-in-mexico-a-complete-

overview/#:~:text=Social%20security%20in%20Mexico%20is,the%20aid%20of%2

0their%20employers.

Earley, M. (2021, April 2). Employer responsibilities in Mexico | Tecma. Tecma.

https://www.tecma.com/employer-responsibilities-in-mexico/

Grajeda, J. A. (2021, March 4). A look at labor unions in Mexico | Tecma. Tecma.

https://www.tecma.com/labor-unions-in-mexico/

Redaccion. (2020, February 3). Los problemas de seguridad de los trabajadores

industriales. RRHH Digital. https://www.rrhhdigital.com/secciones/salud-y-

empresa/140209/Los-problemas-de-seguridad-de-los-trabajadores-industriales/

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