By Francisco Gama
Last Tuesday, March 12, a draft reform to the Federal Labor Law was presented in the Chamber of Deputies, which seeks greater certainty and vigilance with respect to the labor conditions of workers.
The reform initiative presented by Congresswoman Joanna Alejandra Felipe Torres, together with her colleagues of the National Action Party (PAN) Parliamentary Group, proposes several changes to the LFT, among which we can highlight the amendment to Article 24, where although currently it is already mentioned that the working conditions must be recorded in writing when there are no collective bargaining agreements and that a copy of the same will be given to each party, This amendment would add a paragraph specifying that the copy in possession of the employer must indicate in writing that all the requirements mentioned in the contract are in accordance with the provisions of the law, as well as the autograph signature of the employee. This amendment is complemented by another addition to Article 25 of the same law, where it is proposed to require the employer to specify, in the individual employment contract, the employee’s base salary, as well as any benefits in cash, in kind and/or social security.
In order to ensure that all these provisions are complied with, Congresswoman Joanna also proposes the creation of section X Bis within Article 423, making it mandatory for the employer to deliver a copy of the individual employment contract to the employee, with the latter’s autographic signature or fingerprint.
Also adding, in article 541, section I Bis, where it is suggested that a quarterly review be carried out to verify that each worker has been given a copy of his or her labor contract with the specifications established in article 25, as well as the worker’s enrollment in a social security system.
In the event that the employer incurs in any violation of the aforementioned, this initiative proposes the application of a fine ranging from 250 to 5 thousand times the Unidad de Medida y Actualizacion (UMA).
If approved, the initiative would come into force the day following its publication in the Official Gazette of the Federation, in accordance with its transitional articles.
At Vega, Guerrero & Asociados, we provide advice on the scope and application of this labor reform and how it can affect companies and their workers. We are at your service to ensure that you are always up to date with the new legal provisions.
