Know more about Veggies From Mexico: Labor Rights
Labor rights are the set of rules that regulate the relationship between workers and the employer. This set of laws addresses fundamental aspects of the labor relationship. Among the most important labor rights are salary, working hours, rest days, vacations, and Christmas bonuses, and they must be contained in an individual or collective contract.
When you have an employment relationship, that is, if you perform a job or provide a service in exchange for a salary, it is your right as a worker to know what your general working conditions are; therefore, it is essential to have a contract, since the working conditions must be outlined in writing.
The working conditions must be established in their individual or collective contracts or work regulations and no case may they be inferior to those outlined in the Law, and they must be proportionate without establishing differences based on race, nationality, sex, age, religion, except for the modalities expressly outlined in the Law.
There must be two copies of the contract, one in possession of each party (employer and employee), this writing must contain:
– Name, nationality, age, sex, marital status, and domicile of the employee and the employer.
– Whether the employment relationship is for a specific job, for a specific period, or an indefinite period.
– The service or services to be rendered.
– The place or places where the work is to be performed.
– The duration of the workday.
– The form and amount of the salary.
– The day and place of payment of the salary.
– The indication that the worker will be trained.
– Other working conditions, such as rest days, vacations, and others agreed upon by the worker and the employer.
Working conditions:
→ Wage: It is the remuneration paid by the employer to the worker for his activity. Workers shall freely dispose of their salary and the right to receive it is inalienable. The salary shall not be subject to any compensation and must be paid at the place where the service is rendered.
Workers’ wages may not be garnished, except in the case of alimony decreed by the competent authority.
The following are causes for temporary suspension of the obligations to render the service and pay the salary, without liability for the worker and the employer:
- The contagious disease of the worker.
- Temporary incapacity caused by an accident or illness that does not constitute an occupational hazard.
- The preventive imprisonment of the worker followed by a judgment of acquittal. If the worker acted in defense of the person or the interests of the employer, the latter would have the obligation to pay the salaries that the former would have stopped receiving.
- The arrest of the worker.
→ Working day: It is the time during which the worker is at the employer’s disposal to render his/her work.
Regarding the working day, the worker and the employer shall fix the duration of the working day, without exceeding the legal maximum.
They may divide the working hours, to allow workers to rest on Saturday afternoon or in any other equitable manner.
- Day shift is between 6 am – 8 pm.
- The maximum duration of 8 hours.
- The night shift is the one between 8 pm and 6 am.
- The maximum duration of 7 hours.
- The mixed workday is the one that includes periods between day and night workdays, provided that the night period is less than three and a half hours.
- The maximum duration of 7.5 hours.
During the continuous working day, the worker shall be granted a break of at least half an hour.
When the worker is unable to leave the place where he/she renders his/her services during rest or meal hours, the corresponding time shall be computed as an effective time of the working day.
The working day may also be extended for extraordinary circumstances, without ever exceeding 3 hours a day or 3 times a week.
Workers are not obliged to render their services for longer than the permitted time.
The extension of extraordinary time over nine hours a week obliges the employer to pay the worker the excess time with two hundred percent more than the salary corresponding to the hours of the workday, without prejudice to the penalties established in this Law.
→ Rest days: The Law states that for every six days of work, the worker will enjoy a rest day with a full salary.
→ Sunday premium: Those workers who work on Sundays will be entitled to an additional premium of 25% over the salary of ordinary working days.
In jobs that require continuous work, the workers and the employer shall fix by mutual agreement the days on which the workers shall enjoy the weekly rest days.
The regulations of this Law shall endeavor to ensure that the weekly rest day is Sunday.
→ Vacations: Workers with more than one year of service shall enjoy an annual period of paid vacation and which may not be less than 12 working days.
The said period will increase by two working days, until reaching 20 for each subsequent year of service. After the sixth year, the vacation period will increase by two days for every five years of service.
In the event of not having one year of service, it will be paid in proportion to the time worked.
→ Bonus: Employees are entitled to receive an annual bonus equivalent to at least fifteen days’ salary, which must be paid before December 20. In the event of not having one year of service, it will be paid proportional to the time worked.
Duration of employment relationships: Employment relationships may be for work, for a specific period, or an indefinite period. In the absence of expreses stipulations, the relationship will be for an indefinite period.
The agricultural companies that make up the Veggies from Mexico (VFM) community are known for respecting the labor rights of their workers, and they encourage and raise awareness among their personnel so that they can work with peace of mind. and safety, and thus strengthen the basis to protect themselves and/or defend themselves against abuses that they may suffer in the companies where they work during their working lives. during their working life.