| Major reforms to the
Federal Labor Law took effect on December 1, 2012. One of the new
articles was article 530 Bis which was added to the Law to address
the non-appearance of the employer or union when they have been
notified that a complaint has been filed. (citatorio)
Today the “GUIDELINES for the application of the enforcement measure
included in article 530 Bis of the Federal Labor Law” were published
in the DOF for the interpretation and enforcement of the article.
"Article 530 Bis. For carrying out their duties, the Office of the
Prosecutor for Labor Defense can notify the employers or unions to
compromise or conciliation meetings, warning them that for not
appearing at said hearings, they will have imposed on them the
enforcement measure referred to in section I of article 731 of this
Law.
If the party requesting the service is the party who does not
attend the compromise or conciliation meeting, the request will be
understood as withdrawn without responsibility for the Office of the
Prosecutor, except when it is verified that a justified cause
existed for not appearing".
Before the reform, if you had a labor complaint (demanda) filed
against you as an employer, you could miss the first hearing and
they would deliver another notification (citatorio) with no fine
imposed. This new article has not been enforced until now. According
to the guidelines published today, if you don’t show up to the first
hearing, you will be fined up to 100 times the UMA ($80.40 pesos) or
$8040.00 pesos.
If the party requesting conciliation does not appear, their
complaint will be considered withdrawn unless they deliver evidence
of a justified reason within ten days.
Many of us who are attorneys or employers have not been appearing on
the first appearance that is scheduled. Often a client will call and
mention they have been notified to appear the following day. When it
was inconvenient, we just waited for the second notification to
attend.
The STPS says you will be fined and the fines will increase if this
becomes a repeat offense. If you are the attorney for the worker,
your case will be considered withdrawn if you don’t show up.
This document is free
when you purchase the Labor Law
$35.00 USD
Lic. Glenn Louis McBride
Mexican Attorney
Mexican cell. (011-521) 664-204-1257
US cell 1-619-513-0556
Office tel. (011-52) 664-681-9524
www.mexicanlaws.com
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