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Labor
Many business owners are unaware of the legal implications of hiring personnel and the obligations that an employer assumes in doing it. Failure to observe the provisions of the labor law in personnel hires and removals could put your business in jeopardy.
Mexico Lawyers Firm offers the 15 years of experience of renowned experts in this area of practice. Our consulting will give you the legal certainty that you need when hiring personnel and in your relationship as employer. Our solutions reduce the potential for financial breakdowns resulting from employer-employee contingencies.
The main focus of our practice in labor matters includes:
Labor Audits
We practice an on-site labor audit of your business to assess and review its labor situation, its relationship with each of its employees and identify any potential contingency. This process is a tool that prevents putting your assets at risk as a result of a labor law suit. Our audit takes a close look at all of your company's labor related paperwork and information and yields a report of your company's legal situation and its compliance with labor related obligations and those obligations assessed by Mexico's IMSS and IMSS Law. With our labor audit we will also guide you through the steps that you need to take to achieve compliance with all of the company's obligations. Our guidance may include preparing or amending the following documentation:
- Individual or negotiated work agreements.
- List of attendance.
- Shift control.
- Payroll receipts, vacations, vacation premium, end-of-year bonus.
We also provide support to employers in preparing severance packages and calculate the rights acquired by an employee through the employer-employee relationship. We encourage that any award of severance packages be brought to the attention of the Conciliation and Arbitration Board. As part of our service, our corporate group can represent your company in any proceedings upon the labor authorities.
Our law firm will also represent your company in proceedings involving the Employee Defense Agency, and guide it to the best possible negotiation with your employees while steering your company clear of litigation. Our services also include representation of persons or corporations against whom a law suit has been brought in a Federal or local Mediation and Arbitration Court.
Our services in the Mediation, Demand and Demurrer, Offer and Admittance of Proof hearing include:
- Mediation with the employee seeking a satisfactory agreement.
- Detailed defense of the demand; demurrers to combat employee actions.
- Offer of documentary and confessional evidence, testimony and expert testimony.
- File motions such as motion concerning jurisdiction and joinder of actions.
- Present the offered evidence and appear at hearings
- Allegations
- File direct and indirect Amparo trials against interlocutory decrees and sentences of the Mediation and Arbitration board.
- Consulting on Employee Defense
- Our team of experts also provides consulting on Employee Defense in cases of termination of employment or to demand a proper termination package. This service includes employee representation upon Federal or local Mediation and Arbitration boards.
- Mediation between employer and employee to achieve a satisfactory agreement.
- Preparation of law suit to begin the litigation associated with the labor claim for severance package or reinstatement of employee, as appropriate.
Offering of proof and filing of motions.
Presentation of proof, appearance at various hearings.
Allegations.
Direct and indirect Amparo proceedings against resolutions of the Mediation and Arbitration boards.
Driving enforcement of decrees by requiring payment from employers or seizing of property to eventually auction it in public auction.
Consulting to employees includes appraising them of the obligations imposed on employers by Mexico's IMSS and the Mexican Fund for Worker Housing (INFONAVIT). Employee consulting also includes recovery of unused INFONAVIT and Retirement Savings Fund (AFORE) contributions.
