Cases on labor law

On Tuesday, the justices hear oral argument in Nutraceutical Corp.

Cases on labor law

Article 2 Labor rules seek to achieve balance and social justice in relations between workers and employers. Article 3 Work is a social right and obligation. It is not a commodity. It requires respect for the rights and dignity of those who may provide it and must be conducted under conditions which assure the life, health, and a decent standard of living for the worker and his family.

There may be no differences established between workers on the basis of race, sex, age, religious creed, political philosophy, or social condition.

In addition, it is in society's interest to promote and oversee the education and training of workers. Article 4 No person may be prevented from lawfully working or from lawfully engaging in any profession, industry, or commerce.

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The exercise of such rights may only be prohibited by order of a competent authority when the rights of third parties are attacked or those of society are offended: The rights of third persons are attacked in the cases established under law, and in the following: The rights of society shall deemed offended in those cases established under laws and in the following: Article 5 The provisions of this law are of a public nature for which reason no written or verbal agreement which provides for any of the following shall have legal effect, nor prevent the enjoyment or exercise of any rights: The employment of children less than fourteen years of age; II.

A workday greater than that permitted by this law; III. A workday which, in the opinion of the Conciliation and Arbitration Board, is inhumane for being unreasonably excessive, given the nature of the work; IV.

Cases on labor law

Overtime hours of work for persons under sixteen years of age; V. A wage which is less than the minimum; VI. A time period greater than one week for the payment of wages to manual laborers; VIII. The payment of wages at a place of amusement, tavern, bar, cafe, or store, except to the employees of such establishments; IX.

A direct or indirect obligation to obtain consumer goods in a particular store or place; X. The power of an employer to retain wages as a fine; XI. A salary which is less than that paid to another employee in the same company or establishment with equal abilities in the same type of work or same workday, for reasons of age, sex, or nationality; XII.

The employment of persons under sixteen years of age at night, in industrial establishments, or after A waiver by the worker of any of the rights or prerogatives prescribed in labor rules. In all such cases it shall be understood that this law, as well as any supplementary laws, shall govern in the place of any nullified stipulations.

Article (1)

Article 6 The laws and treaties which are executed and approved under the terms of article of the Constitution shall apply to employment relations insofar as they benefit the worker, from the date of their effectiveness. The employer and foreign workers shall have the joint obligation to train Mexican workers in such specialty.

All doctors in the service of the enterprise shall be Mexican. This article shall not apply to directors, administrators or general managers. Article 8 A worker is a physical person who provides personal, subordinated work to another physical or moral person.

For the purposes of this rule "work" means any human activity, whether intellectual or physical, without regard to the level of technological preparation required for each occupation or trade. Article 9 The category of confidential employee shall depend on the nature of the duties carried out and not on the Title which may be given to the position.

Confidential duties are those related to management, inspection, oversight, and control, of a general nature, or those related to personal services for the employer within the enterprise or establishment. Article 10 An employer is the physical or moral person who utilizes the services of one or more workers.

If a worker, by agreement or custom, utilizes the services of other workers, the employer of the former will also be that of the latter. Article 11 The directors, administrators, managers, and other persons who carry out duties of management or administration in the enterprise or establishment are considered representatives of the employer and in such capacity bind the employer in its relations with workers.

Article 12 An intermediary is a person who hires or intervenes in the hiring of one or more persons for the furnishing of services to an employer.

Article 13 Established enterprises who may contract work to be carried out with their own resources, and which resources are sufficient to comply with such obligations as may arise from their relations with workers, shall not be considered intermediaries but employers.

Otherwise, such enterprises shall be jointly liable with the persons who directly benefit from such work or services, for obligations contracted with workers. Article 14 Persons who may use intermediaries to hire workers shall be responsible for any obligations which may arise from this law and from the services furnished.

Workers shall have the following rights: They shall furnish their services under the same employment conditions and shall have the same rights corresponding to the workers who may carry out similar work in the enterprise or establishment; and II.

The intermediary shall not receive any compensation or commission charged against the workers' wages.Welcome. The mission of the Labor and Employment Law Section is to serve and support our members and others through opportunities for education, leadership, networking, and public service, and by providing quality programs, publications, scholarships and awards relating to the field of labor and employment law.

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