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SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL. ADVISORY MECHANISMS. &. WORKERS’ REPRESENTATION. AND UNIONS AT THE. PROFEDET. FEDERAL AGENCY FOR LABOR DEFENSE. SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL. FEDERAL AGENCY FOR LABOR DEFENSE. 7. - PowerPoint PPT Presentation
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SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
LEY
FEDERAL LABOR LAW
TITLE XI
PROFEDET LABOR AUTHORITY
ARTS. 530-536
BROADENING OF
FUNCTIONS:
1. REPRESENT OR COUNSEL ON
DIFFERENCES AND CONFLICTS ON
LABOR CONTRACTS2. PROPOSE AMICABLE
SOLUTIONS
TITLE VIII
PROFEDET
ARTS. 334
SECT. III
FUNCTIONS:
18 1931AUGUST
111933SEPTEMBER
141999DECEMBER
1 1970 MAY
2 1975JUNE
REGULATIONSLEY
FEDERAL LABOR LAW
REGULATIONS REGULATIONS
7 1929MARCH
CREATION OF THE PROFEDET
AGREEMENT OF THE COMMERCE, INDUSTRY AND LABOR MINISTRIES
1. APPLICATION OF ENFORCEMENT
MEASURES2. CREATION OF THE
TECHNICAL ADVISORY
COMMITTEE
HISTORY-LEGAL FRAMEWORK
2. CONCILIATORY FUNCTION
1. DECENTRALIZEDBODY
FROM STPS
FEDERAL AGENCY FOR LABOR DEFENSESECRETARÍA
DEL TRABAJO YPREVISIÓN SOCIAL
Legal Framework
• In Mexico, the application of labor regulations corresponds to the local and federal authorities, as established by the Constitutional article 123 in its Section “A”, fraction XXXI & 527, 528, & 529 of the Federal Labor Law.
• Given the PROFEDET is a Labor authority, in accordance with article 523 of the Federal Labor Law, it has jurisdiction over the application of the labor regulations of federal competence, according with Article 123, Section “A”, fraction XXXI, & Article 527 of the cited Law.
• On its part, the Enforcement of Labor Justice has its basis on the Federal Labor Law, in Chapter III, Title XI, (Art. 530-536) in which it establishes that the Agency for Labor Defense, through its attorney generals, advises and represents the workers that request the services of the Agency for Labor Defense, free of charge.
• The service is offered to those workers and their unions that request it.
ADVICE CONCILIATION REPRESENTACTION
LEGAL NATURE
1. DECENTRALIZED BODY OF THE STPS
1. WORKING POPULATION AND BENEFICIARIES
1. COUNSEL OR REPRESENTATION OF
THE WORKER, BENEFICIARIES OR
THEIR UNION
COMPETENCE
OBJECTIVES2. FILE RESOURCES IN
DEFENSE OF THE WORKERS
3. PROPOSE AMICABLE
SOLUTIONS
4. OVERSEE THAT JUSTICE
ADMINISTRATION IS PROMPT AND EXPEDITE
2. WORKERS’ REPRESENTATIVE AND GOVERNING BODY
OBJECTIVES, NATURE AND COMPETENCE
2. MATTERS OF FEDERAL COMPETENCE (FRAC. XXXI SECTION A, ART. 123)
FEDERAL AGENCY FOR LABOR DEFENSESECRETARÍA
DEL TRABAJO YPREVISIÓN SOCIAL
What is the role of the PROFEDET within the labor community?
It is a decentralized body of STPS with technical and administrative autonomy. All its services are free of charge. Founded in 1929. In charge of complying at a Federal level, the functions conferred by the Federal
Labor Law, the Internal Regulations of the Secretary and the Regulations Guides and counsels the workers, its beneficiaries and unions on the rights and
obligations derived from the labor and social welfare norms, as well as the procedures and competent bodies available to assert them; it also receives the complaints about non-compliance and violations of the labor and social welfare regulations from the users, summons the actors of the production to reach conciliatory solutions for the conflicts they face, and represents the target population, when they request it at the jurisdictional, administrative bodies, and any other public or private institution, to enforce the actions and resources which correspond with the ordinary way, special even at the appeal trial, until its absolute closing;
460 people collaborate, located in central offices (72%) and in forty eight representative offices ( 28%).
The decentralized body has structure, plans, programs, objectives, and indicators to develop their mission and to establish congruence with the desired position in the future, considering the current referrals of austerity, reasoning and budget discipline.
What are its faculties?
The current rules, apart from other regulations, establish amongst the PROFEDET attributions, the following:
Guide and counsel the workers, its unions, or beneficiaries about the rights and obligations derived from the labor and social welfare laws, as well as the procedures and competent bodies available to assert them;
To perform the planning, programming, organization, guidance control and assessment of its activities, in accordance with the applicable legal norms and regulations issued by the Secretary
To propose the interested parties amicable solutions to settle their conflicts, through the signing of agreements out of trials and making them stand in authorized reports;
To receive from workers, their unions or beneficiaries, the complaints on non-compliance and violations of the labor and social welfare regulations, and in the event, to summon the employers or unions to state their best interest, with warning that in the event of failure to appear, it will be applied, as a coercive measure, a fine up to one hundred times the general daily minimum wage and at the time and place of the non-compliance;
To formulate the corresponding filings to the competent authorities for the non-compliance and violation of the labor and social welfare regulations and with the public prosecutor, the facts that allegedly constitute penal wrongful acts;
To represent the workers, their unions of beneficiaries, when requested, at the jurisdictional, administrative bodies and any other public or private institution, to enforce the actions and resources that correspond in the ordinary way, special, even at the appeal trial, up to its absolute closing;
To coordinate the actions of the Agency with the Labor Defense Agencies from the federation entities, in order to establish common criteria for the better compliance of the responsibilities conferred to them by Law;
To administrate its own accounting; to make, analyze and consolidate its financial statements, as well as to provide the Secretary with the requested information and documentation, and
The others conferred by the legal, regulated and administrative ordainments.
The services provided by the Agency to workers, their unions or beneficiaries will be free of charge, except for the exceptions cases established by Law, by request from the part.
Mission, Vision and ObjectiveMISSION• To provide, free of charge, the services of counseling, conciliation
and legal representation through a professional, honest and efficient service, promoting the prevention culture, privileging the conciliation as a way of expedite solution of the conflicts, and when necessary, the representation of the workers, beneficiaries and their unions, at the labor tribunals.
VISION• To be the federal government’s instance appropriately positioned
at the society and acknowledged by its impartiality and adherence to the law in matters of providing legal justice, with a capacity to transform for the effective defense of labor.
INSTITUTIONAL OBJECTIVE• To provide labor justice in defense of workers in a free, expedite,
honest and warm manner.
DIRECTORATE OF
PROCESS
CONTROLSOUTH ZONE
DIRECTORATE OF
PROCESS
CONTROLSOUTH ZONE
FEDERAL AGENCYFEDERAL AGENCY
COUNSEL AND TECHNICAL SUPPORTASSISTANT GENERAL AGENCY
COUNSEL AND TECHNICAL SUPPORTASSISTANT GENERAL AGENCY
CONCILIATION AND DEFENSEASSISTANT GENERAL AGENCYCONCILIATION AND DEFENSE
ASSISTANT GENERAL AGENCYFOREIGN AFFAIRS
ASSISTANT GENERAL AGENCYFOREIGN AFFAIRS
ASSISTANT GENERAL AGENCYADMINISTRATIVE
GENERAL SECRETARYADMINISTRATIVE
GENERAL SECRETARY
DIRECTORATE OF
COUNSEL AND
BONDING
DIRECTORATE OF
COUNSEL AND
BONDING
DIRECTORATE OF
CONSULTATION
AND TECHNICAL
SUPPORT
DIRECTORATE OF
CONSULTATION
AND TECHNICAL
SUPPORT
DIRECTORATE OF
LEGAL
REPRESENTATION
DIRECTORATE OF
LEGAL
REPRESENTATION
DIRECTORATE OF RESOURCES AND
APPEALS
DIRECTORATE OF RESOURCES AND
APPEALS
DIRECTORATE
OF PROCESS
CONTROL
NORTH ZONE
DIRECTORATE
OF PROCESS
CONTROL
NORTH ZONE
DIRECTORATE OF
PROCESS
CONTROL
CENTER ZONE
DIRECTORATE OF
PROCESS
CONTROL
CENTER ZONE
DIRECTORATE
OF MATERIAL
RESOURCES
AND GENERAL
SERVICES
DIRECTORATE
OF MATERIAL
RESOURCES
AND GENERAL
SERVICES
DIRECTORATE
OF HUMAN
RESOURCES
DIRECTORATE
OF HUMAN
RESOURCES
DIRECTORATE OF PLANNING
DIRECTORATE OF PLANNING
FEDERAL AGENCY FOR LABOR DEFENSE
ORGANIZATIONAL CHARTORGANIZATIONAL CHART
48 FEDERAL AGENCIES AND AUXILIARIES
48 FEDERAL AGENCIES AND AUXILIARIES
SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
FEDERAL AGENCY FOR LABOR DEFENSE
16
17CENTRAL
ZONE
15
TOTAL48
48 FEDERAL AGENCIES AND AUXILIARIES
SOUTHERN ZONE
NORTHERN ZONE
245
12
43
6
3
41
14
1 28
42
31
21
8
29
20
4
19
45
13
15
4034
26
46
7
36
2547
16
22
9
11
23
2
17
37
27
35
18 33
39
30
32
10
44
10
38
SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
48
What is the coverage of the services?
Companies
METHOD
METHOD
1. PREVENTION1. PREVENTION
2. GUIDE2. GUIDE
INFORMSINFORMS
PRIORITIESPRIORITIES
ISSUESISSUES
LEGAL ACTIONTO EXECUTE(APPLICABLE
ARTICLES)
LEGAL ACTIONTO EXECUTE(APPLICABLE
ARTICLES)
OBJECTIVESOBJECTIVES DECISIONMAKING
DECISIONMAKING
WORKER (INTERESTED)
WORKER (INTERESTED)
BENEFICIARYBENEFICIARY
UNION REPRESENTATIVEUNION REPRESENTATIVE
1. IDENTIFY
THE APPLICANT
1. IDENTIFY
THE APPLICANT
BODYBODY
COMPANYCOMPANY
INDUSTRIAL BRANCHINDUSTRIAL BRANCH
2.LOCATE THE
CONSULTATION
2.LOCATE THE
CONSULTATION
QUESTIONINGQUESTIONING
INTERVIEWINTERVIEW
COMMENTSCOMMENTS
FEDERALCOMPETENCE
FEDERALCOMPETENCE
LOCALCOMPETENCE
LOCALCOMPETENCE
TURNSTURNS
INFORMSINFORMS
ISSUESISSUES3.DEFINE THE
PROFILE
3.DEFINE THE
PROFILE
5.DEFINE THE
TYPE OF PROBLEM
5.DEFINE THE
TYPE OF PROBLEM
LABOR LAWLABOR LAW
SOCIAL SECURITYSOCIAL SECURITY
OTHERS:FISCAL, PENAL, CIVIL.
OTHERS:FISCAL, PENAL, CIVIL.
FEDERAL AGENCY FOR LABOR DEFENSE
3. COUNSEL3. COUNSEL
PREVIOUS ORIENTATIONPREVIOUS ORIENTATION
PERSONALITYPERSONALITY
PROBLEMSPROBLEMS
DETECT HIDDEN INFO.DETECT HIDDEN INFO.
4.APPLY THE
TECHNIQUESAND/OR
STRATEGIES
4.APPLY THE
TECHNIQUESAND/OR
STRATEGIES
SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
FORMALIZATION OF THE
CONCILIATION MINUTE OR
AGREEMENT
PROPOSALS OF ALTERNATIVES
FOR
SOLUTIONS TO SATISFY BOTH
PARTIES
CONCILIATION: IDEAL MEANS TO SOLVE LABOR CONFLICTS, MITIGATING
EXPENSES, TIME AND LEGAL RISKS
PROGRAM WITH ANTICIPATION
(PREVENT)
ANALYSIS OF THE CONFLICT
NEGOTIATION WITH THE
EMPLOYER (REPRESENTATIVE)
WORKER’S ORIENTATION
INTERVIEW
ROGATORY TO DETERMINE
CONTROVERSY
LOCATE THE PARTS IN CONFLICT
CREATE
CLIMATE OF
CONFIDENCE
AND
RESPECT
ROGATORY TO DETERMINE
CONTROVERSY
LOCATE THE PARTS IN CONFLICT
FEDERAL AGENCY FOR LABOR DEFENSE
BY REQUEST OF INTERESTED,
PREPARES LAWSUIT
SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
FOLLOW UPLAWSUIT FOLLOW UP
AGAINST THE WORKER
1. PREFACE
2. BENEFITS
3. FACTS
4. LAW
5. PETITION ITEMS
6. CASE LAW
1. ANALYSES POWERS OF DEFENDANT
2. PREPARES EVIDENCE
4. PRESENTS EVIDENCE
3. MAKES OBJECTIONS
2. PRESENTING HEARINGS
1. EVIDENCE HEARINGS
ANALYSES
APPLICABILITY
OF ACTION
CONCILIATION AND
ARBITRATION FEDERAL BOARD
APPEAL FILING
FEDERATION JUDICIAL BRANCH
COLLEGIATE TRIBUNAL
FEDERAL AGENCY FOR LABOR DEFENSE
1. APPROACH
2. OVERRULED VIOLATIONS
ENFORCEMENT
PROCEDURE
OR
FORECLOSURE
IN FAVOR OF WORKER
WORKER’S LEGAL
REPRESENTATIVE
SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
4. LITIGANT
5. PUBLIC WORKER
LEY
1. EXPERT IN LAW
2. ADVISOR
3. CONCILIATOR
PROFILE OF THE ATTORNEY GENERAL FOR LABOR DEFENSE
6. ASSIST. OF LABOR COURTS
7. LABOR AUTHORITY
9. TEAMWORK COLLEAGE
1O. PROTAGONIST NEW LABOR
CULTURE
8. REPRESENTATIVE
PROFEDET
11. PART OF THE LABOR SECTOR
SECRETARÍA DEL TRABAJO Y
PREVISIÓN SOCIAL
OFFERED SERVICES DECEMBER 2006 – NOVEMBER 2008
SIMPLE ADVICE 10,976FILES 8,807OPINIONS 764CANALIZATIONLETTERS 10,636VERBAL COUNSEL 26,787E-MAIL 4,792TEL. ADVICE 59,659STATE CONSULT. 9,445
GRAND TOTAL 131,866