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Puebla
Presentation
DEFENCE OF WORKERS AND
DISMISSAL CLAIMSDecember 2008
Puebla
Introduction
What is PROFEDET?
The Federal Defenceof Labor Attorney’s Office “PROFEDET” is a decentralized body reporting to the Ministry of Labor and Social Welfare.
By its nature, it is a public service institution of an eminently legal nature for enforcing labor standards in the workplace, whose functions are expressly spelled out in articles 530 and 536 of the Federal Labor Law.
Puebla
Services
What do we offer?
• Labor consulting
• Conciliation
• Legal representationAll so we
can “LIVE
BETTER”Who does PROFEDET serve?
• Workers
• Their beneficiaries and
• Unions
Puebla
Any worker who has been wrongly dismissed can be represented by the State through bodies created for that purpose. For workers under federal jurisdiction, this is the Federal Defence of Labor Attorney’s Office which, under its legal mandate, must meet that responsibility. Thus, under article 530 of the Federal Labor Law and articles 33, 34 and 35 of the Employment Relationship Regulations, any worker who requests it will be supported free of charge before jurisdictional and administrative bodies and any public or private institutions in disputes arising from a labor relationship and of course in cases of dismissal.
Puebla
Claims may be made:
•In writing•Accompanied by as many copies as necessary•The facts on which the claim is based must be specified.
To maintain sources of labor, PROFEDET recommends that workers using the institution’s services request reinstatement to the same position and under the same conditions as when they were previously employed.
Puebla
Requests for reinstatement are strictly in compliance with the law since wrongful dismissal contradicts the principle of employment security. Thus, it is important to understand that reinstatement is, according to Mario de la Cueva:
“The restoration or reestablishment of the worker’s rights within the company, rights that arise from the objective legal situation
created between the worker and the employer when workers provide services.”
Puebla
Likewise, it is important to understand reinstatement as the institution guaranteeing the right to employment security. Mandatory reinstatement ensures workers that they cannot be dismissed so long as they do not give cause. Thus, when a worker is dismissed, article 48 of the Federal Labor Law allows him to choose constitutional indemnity or reinstatement in the same place and under the same conditions as when he was previously employed.
Restoration of a worker’s rights implies that he may enjoy those he acquired before being dismissed as well as those that he should have acquired while providing services during the time of suspension.
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The things we use to support and assert workers’ rights are:
• Political Constitution of the United Mexican States • International treaties and agreements• The Federal Labor Law• Judgements in similar cases• General legal principles• General social justice principles• Case law• Custom• Fairness• Contract law• Collective agreements and individual work contracts
Puebla
Dismissal cases are governed by the provisions of Title Fourteen, Chapter XVII of the Federal Labor Law concerning ordinary procedure before federal conciliation and arbitration boards.
The process begins with the presentation of a written request to the filing desk or the receiving unit of the competent board, which files it and sets a day and time for the tri-phase hearing.