Today´s Article

How to avoid labor demands?

 It is the question that many physical patterns or moral are gotten to raise mainly in this time characterized by the bad economy not affecting single to the Mexican companies but that we know that this factor gets to influence so much to the national companies as to the transnational companies, which to taken that some of them are forced to dismiss their workers the smaller provocation towards these, ignoring what gets to establish article 47 of the Federal Law of the Work in the last paragraph it is to say omit to give fulfillment to a validity requirement, and then is where the department of resources gets to play a determining role humans since a just dismissal badly elaborated can carry demands by injustificados dismissals or a demand of reinstalación, are why he is recommended that she is a person who perfectly handles the Law that regulates the relations between workers and patrons, is to say the Federal Law of the Work as well as the one who exactly know the settled down procedure and terms labor in this, like the competent authorities to know this procedure, that handles the dismissals is a person specialized in Labor Right, since it will know to respond to the variants that appear for the accreditation of the just dismissal as well as the requirements that it will have to fulfill so that the competent authority grants plenary session probatory value to him to the just dismissal being based on article 47 of the Federal Law of the Work and along with it to avoid the restoration of labor demands towards represented his. Since the labor procedure gets to be until certain uncertain point in regard to that although it has taken leave to him the worker with a justified cause, this can demand a constitutional indemnification alleging injustificado dismissal or a reinstalación, not to give fulfillment to which it settles down in article 47 of the law of the matter in his last paragraph, while so many must carry out all the stages of the labor procedure, reason why the authority hopes to get to have a known truth that it is reflected in I render that it reigned to have the good kept faith, in as much happens this the companies get to have to pay for all expenses that entail a labor procedure and it is not necessary to say nothing about the fallen wages, for the cases in that it is not managed to justify the dismissal with foundation in article 47 of the Federal Law of the Work where the company or pattern gets to undergo a reduction in its share capital that it did not have because to have suffered, if indeed the warning of labor rescission mention of time had been made according to right doing and forms along with the administrative acts will have to contain proemio, place, state, you take care of, hour and people that are present their quality and position with which they appear, the object of this act as well as the manifestations of the workers, and the writing of premise greater until premise smaller and conclusion, also will be due to indicate the hour in that it concludes, the knowledge that to do when a worker does not want to sign the warning of rescission, all these facts but are made correctly can get to bring a demand leaving with it antecedent for any other worker where only some times get to interpose demands with the single intention to obtain a gain in exchange for stopping itself of this demand which I restore. Reason why all this lets to us see that there is to take preventive measures to avoid to have labor demands from the base of the relation and of this form to avoid to be subject to a labor procedure that often become headache that instead of being diminishing as spends the time, all the opposite is become more and greater, since between but the impact spends the time is worse than it has condemnatory Laudo for the demanded company, being able to get to abuse the inexperience administration in the Human area of Capital. In reason to all the previous one a legal audit of prevention of risks is necessary nowadays, like only aim it is to watch the acts and facts of the areas legal administrative to avoid demands that can be very expensive, this audit detects points to the future prevent legal risks in for the companies or establishments, with respect to the obligations that contract with suppliers, distributors and workers, avoiding of this form any restoration of demand and simultaneously giving possible solutions.

Its function is corrective and orientation, the methodology to make is the revision, creation or adjustment of the systems and documents with approaches theoretical and practical.

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