This Agreement (hereinafter the "User Agreement") governs the use of the services provided by Diez de Bonilla, KURI & ASSOCIATES through the web portal or pages or sites hosted, or linked to or located therein, which is located in the direction diezdebonilla-kuri.com.mx (hereinafter "DBKA" or the "Site"). Each time a person accesses the Website or use the services provided by DBKA listed below, acquires the status DBKA user (hereinafter the "User"). User DBKA accessing or using services provided through the Site tacitly accepts and unconditionally abide by the terms and conditions contained in this User Agreement, so that and reaching the same version of the User Agreement Postings by DBKA from time to time in the very moment when the user accesses DBKA. Therefore, we recommend the user that every time you use the services of DBKA carefully read the User Agreement as the same may be updated and / or modified by DBKA at any time without direct personal notification to the User.
In connection therewith, the User at any time may review the updated User Agreement text only press the User Agreement which is located at the bottom of the login page.
2. SERVICE.
DBKA provides users directly or indirectly, access and / or use, as applicable, of a number of resources, services and content online through the system or global information network known as "Internet" (World Wide Web or www), including but not limited to: information products and services e-procurement through the brokerage services of the Website (the "Services"). DBKA reserves the right to modify, add or remove unilaterally at any time and without notice, the Services, the presentation and configuration of DBKA and any of the Services, and the conditions required to access and / or use any of the services. Likewise, acquisition, purchase, sale or production of any item through any of the Services is at the sole risk of the Users and
3. ACCESS TO AND USE DBKA SERVICES.
3.1 FREE SERVICE
The provision of the Services provided to Users DBKA is free, except for certain services can only be used by paying a price and which DBKA identified for use of the User from time to time. DBKA only provides its users the ability to use the Services so that the user is responsible to have the equipment necessary to connect and access the Internet through any wireless or other connection through technology known or known. The User shall be responsible at all times of the costs associated with such access.
3.2 PROPER USE OF DBKA.
The User agrees to use and access DBKA and make use of the Services under the provisions of laws, morals, good customs and public order applicable in the country where it is located to access the Services with the provisions this User Agreement, so it is obliged to refrain from use DBKA and Services or to perform acts for illegal purposes, violate the rights and interests of others, contrary to the User Agreement or with seditious or clandestine purposes or any way damage, disable, overburden, or impair a DBKA and Services or prevent normal use of the User, in which case DBKA may, on becoming aware of such use, suspend Customer Services immediately after DBKA obtained such knowledge, and the user will have five days to remedy such misuse or express before DBKA far as his interests.
3.3 DBKA CONTENTS.
The User declares that he knows and is aware that all information, data, text, software, sound, photographs, graphics, video, messages or other materials on the Site and DBKA same page layout and "lay-out" (hereafter the "Content"), whether posted to the general public or privately transmitted, is the exclusive property of the owner of such Content and the sole responsibility of the person originating the Content and not DBKA, except when expressly stated otherwise. Therefore, DBKA not responsible for the content and publication thereof or in any way represent the views of DBKA. The User or the person generating the Content shall be solely responsible for it whether they have been introduced, posted, emailed or otherwise be transmitted through DBKA or Services.
Given that DBKA not control the Content transmitted, stored or posted through the Services does not guarantee the accuracy, reliability, appropriateness, timeliness, completeness, usefulness or quality. The User to use the Service, you may be exposed to Content that is offensive, indecent or objectionable to himself or illegal under laws applicable in the User's country of residence or the country in which position the user in accessing the services, so DBKA, under any circumstances, be liable to you or third parties for any Content, including but not limited to any errors or omissions in any Content, or for losses, damages, penalties and / or fines of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via the Portal.
3.4 PROPER USE OF THE DBKA SERVICES.
In cases where the user makes use of those services which by their nature, allow users to enter content DBKA and accessible to other users such as, inter alia, email services,. Or purchases li�nea (collectively hereinafter "Online Services") agrees to use the same under the laws that may apply, morals, good customs, public order and the User Agreement. Without limitation, but not limited to, the User undertakes and agrees not to use the Services to:
(A) upload, post, email or otherwise transmit any Content that is contrary to applicable law, morality, decency, harm, threaten, abuse, attack, defame, slander, invasion of privacy of third, generate racial hatred and / or ethnic and / or religious or otherwise contrary to the provisions of this User Agreement, in which case DBKA may, on becoming aware of such use, suspend Customer Services immediately that DBKA obtained such knowledge, and the user will have five days to remedy such misuse or express before DBKA what serves his interests;
(B) impersonate another person or entity, introducing false, altered or distorted causing the error, confusion, misunderstanding or deception;
(C) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;
(D) upload, post, email or otherwise transmit any Content that does not have any right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements);
(E) upload, post, copy, profit from and / or email or otherwise transmit any Content that infringes any copyright, patent, trademark, trade secret, copyright or other intellectual property right and / or any third party's intellectual and / or DBKA;
(F) upload, post, email or otherwise transmit any advertising, promotional materials, junk mail (junk mail), chain letters, pyramid scam, or any other form of policitaci�n, except in those areas DBKA that are designed expressly for that purpose (as they would in their case, the areas of procurement)
(G) upload, post, email or otherwise transmit any material that contains software viruses or any other computer computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer program to computer or hardware or telecommunications equipment;
(H) disrupt the normal flow of dialogue, cause a quick slide of the screen (scroll) to a speed at which other users of the Services are not able to enter through the computer keyboard, or otherwise act in a way that adversely affects the ability of other users to interact in real time (real time exchanges);
(I) interfere with or disrupt the Services and / or servers or internal networks connected to the Services;
(J) violate any applicable laws in Mexico, Federal District, the place of residence of the User and / or place in which the user is located when accessing the Service is the law municipal, provincial, local, state, federal or international including but not limited to, regulations promulgated by any stock exchange on which securities transactions are made specifically and / or any other similar, and any regulations having the force of law, either intentionally or unintentionally;
(K) stalk or otherwise harass another;
(L) collect or store personal data about others, and,
(M) any other activity that is contrary to good morals.
(N) To introduce the personal services and other personal information to access your personal email account, etc.
Although DBKA not make revisions or check previous (pre-screen) the contents, both as people DBKA designated for such purpose, shall at its discretion the right (but not the obligation) to, at any time and without notice to Users, review, refuse, delete, modify, replace and / or or move any Content that is available through the Services and DBKA may suspend access or service to the user for that reason. The same power and right will DBKA to remove any Content that violates the User Agreement or that otherwise involves or implies an objection and / or contradiction to it. DBKA manifest and you agree that is the sole responsibility of Users to evaluate and bear all risks associated with the use of any Content, including matters relating to the accuracy, completeness or usefulness of Content, for the foregoing, the User represents and expressly acknowledges that no reliance can be placed to the Content accessible through DBKA.
You acknowledge and agree that DBKA can maintain and keep in its files to other personal information, the User Content and may also disclose the same whether mandated by law and / or authority required or whatever you consider in good faith that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, whether administrative or judicial, (ii) comply with the User Agreement, (iii) respond to claims involving any Content that impairs rights of third parties, or (iv) protect the rights, property, or safety of DBKA, its users and the general public.
User acknowledges that the provision of the Services, the technical processing and transmission thereof, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to the requirements how to connect to networks or devices.
Regarding the use of specific services contained in DBKA, the User must abide by the agreement in this User Agreement.
3.5 PROPER USE OF DBKA CONTENT.
The User shall not obtain or attempt to obtain through DBKA Content or Services by means or procedures other than those, as appropriate, have been made available for this purpose or have indicated to this effect on pages Web Portal to find the contents, or in general from those used on the Internet for this purpose.
The User agrees to use the Content in a diligent, correct and lawful, so DBKA otherwise may suspend the User Services DBKA immediately after being informed of such use, and the user will have five days to remedy such DBKA to use or express what serves his interests.
Also, the User, in particular, you agree not to:
(A) use the Content in a manner, or for purposes contrary to the applicable laws of Mexico, Federal District, the place of residence of the User and / or place from which to ACCESS, the Services, morals, good customs and / or public order;
(B) reproducing, copying, distributing, allowing public access through any form of public communication, transform or modify the Content without the prior permission of the relevant duties;
(C) remove or manipulate the copyright, trademark, patent, the "copyright" and other data identifying the rights holders DBKA or incorporated into the content as well as technical protection devices, digital fingerprints or other information mechanisms that may contain the content, and
(D) using the Content and in particular, information of any kind obtained through DBKA or Services to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, and to refrain from selling or otherwise disclose such information.
Any Content that is downloaded ("downloaded") by the User through the Services is at your own discretion and risk, which is solely responsible for any damage to your computer equipment or system, and by the loss or impairment of data held on them.
4. INTELLECTUAL PROPERTY RIGHTS.
You acknowledge that the Service and any necessary software for use in connection with the Service may contain confidential information of others and may be protected by intellectual property laws and other applicable laws. The User declares that this learned and according to which the Content found in advertising from sponsors or advertisers and / or information presented to their attention through the Service or sponsors or advertisers may be protected and / or limited use copyright, reproduction, trademark, patent or other proprietary rights and laws.
Except that which is expressly authorized and is specifically designated by DBKA, its sponsors or advertisers, Users undertake not to modify, copy, reproduce, rent, loan, sell, distribute or create derivative works of the Service and / or derivative works and / or based on the Service, in whole or in part.
All Content of the Services is protected by intellectual property rights. All rights reserved. Reproduction in whole or in part. "Or Third Party Content Content providers also are protected by international intellectual property rights. DBKA, diezdebonilla-kuri.com.mx and every one of the names used in Service and general DBKA including the word in their name are trademarks of Diez de Bonilla - Kuri y Asociados. Also DBKA logo are registered and owned by Diez de Bonilla - Kuri y Asociados. The User agree not to reproduce, duplicate, sell or exploit for commercial reasons, completeness and / or any portion of the Services or Content under any circumstances.
5. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
In the event that any User or third party considers that any of the contents that are or are brought into DBKA and / or any of the Services, violate their intellectual property rights, shall send a notice to DBKA in indicating that, at least: (a) personal data (name, address, phone number and email address of the claimant), (b) the signature with the personal data of the holder of intellectual property rights or the person authorized to act on behalf of the owner of intellectual property rights allegedly infringed and / or violated, (c) accurate and complete indication of (the) Content (s) Protected (s) using the intellectual property rights allegedly infringed and its location in DBKA or any of the Services, (d) an express, clear declaration that the introduction of (the) Content (s) indicated (s) was performed without the consent of the owner of the rights of intellectual property allegedly infringed, (e) an express statement, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of (the) Content (s) constitutes a violation of property rights intellectual (f) copy of the document certifying the ownership of the alleged infringed right. These notifications should be sent to "the Legal Department of DBKA." e-mail legal@diezdebonilla-kuri.com.mx, and will indicate the steps and the physical address to which the original documents must be delivered.
6. ADVERTISING.
If the user wish, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods and / or services on the Services. Any such correspondence or promotions, including delivery of and payment for products and / or services and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are understood as solely between the corresponding user and advertiser and / or sponsor, so DBKA not responsible for the accuracy, functionality, content and quality of such products and / or services or the payment made to such person.
Therefore, no DBKA not assume any responsibility or liability in this regard, neither can nor be liable for any such correspondence or promotions shall not be liable for any loss incurred as a result of any such dealings or as the result of the presence of such sponsors or advertisers on the Service. DBKA no warranties regarding the information itself and / or third parties.
7. LINKS TO THIRD PARTY SITES (LINKS).
In some cases, DBKA provides links (links) to other websites and / or other third party resources. Given that DBKA has no control over such sites or resources, you acknowledge and agree that DBKA is not responsible for the availability of such external sites unrelated to DBKA or access to, or resources they use, or ensure that the site contains legitimate information and / or bids and will not accept nor will accept to be held responsible for the inability to access these or any Content, advertising, products or other materials on or available from such sites or resources . Likewise, DBKA not be liable for loss or damages caused or allegedly caused by or in connection with use of security in such Content, goods or services available on or through any such site or resource.
8. INDEMNITY.
In all cases mentioned below and / or those arising from these, the User accepts responsibility and agrees to indemnify, hold and pull on DBKA harmless, its directors, officers, employees, partners, suppliers, agents and / or shareholders, and any claim and / or demand, including reasonable attorneys' fees and trial costs and expenses, made by any third party due to or arising from: (a) the Content you submit, post, e-mail mail or other services DBKA or otherwise transmit via the Services, (b) for the use of the Service, (c) the connection or the Services, (d) any violation of the User Agreement or the Specific Agreements; or (e) any breach and / or violation in respect of any intellectual property rights or other rights of any person or entity.
9. TERMINATION.
Each Member of the Service, DBKA acknowledge and agree that, in its sole discretion and without notice may terminate or suspend the use of all or part of the Services by any cause or reason, so recognize that DBKA not be liable to users or third parties for such termination or suspension.
10. POLICIES OF USE OF THE SERVICES.
Users accept and acknowledge that DBKA be set at any time and without notice to users practices and general and specific policies and limitations concerning the Services, provided that they be published on the Website, from which will be applicable to Users.
11. VIOLATION OF USER AGREEMENT.
DBKA requests all users to report any violation of the User Agreement or the Specific Agreements on becoming aware of it through any type of communication.
12. LIMIT OF LIABILITY.
DBKA in any way guarantee that the Services: (a) meet the appropriate requirements, required or expected for or by each of the users, (b) are not interrupted, (c) arrive on time, (d) come with certain speed level (e) arrive without errors, (f) or the results obtained by the use thereof are accurate and / or reliable.
DBKA not guarantee that any errors in the software from the Services is (n) or possible (n) be corrected (s) in whole or in part, so DBKA not obliged to make concessions. DBKA not be liable for any direct, indirect, moral, special or consequential damages resulting from the use of the Service or inability to use it.
The price, quality, quantity, delivery times will be established on the site which may vary without notice, so apply the conditions found at the precise time of purchase. DBKA also not responsible for delivery time due to force majeure or climatic conditions, transportation projects or services provided by third parties, so the user releases DBKA any liability.
13. LEGISLATION
The User agrees to access to DBKA expressly and irrevocably the fact that this User Agreement and the relationship with DBKA User shall be governed by and construed in accordance with the laws of the United Mexican States. In case of dispute, User and DBKA expressly submit to the jurisdiction of the Courts of Mexico City, Federal District, waiving DBKA Users as to any other jurisdiction that may apply by reason of his domicile present or future.
14. DISCLAIMER.
The lack of DBKA to exercise or enforce any right or provision of User Agreement or the Specific Agreements shall not constitute a waiver of such right or provision unless acknowledged and accepted in writing by DBKA.
15. VALIDITY AND INTERPRETATION.
In the event that any provision contained in the User Agreement or any of the Specific Agreements is found invalid by a court or court of competent jurisdiction or unenforceable, the parties agree to request the Court or the Court to endeavor to give effect to the (s) intend (s) of the parties and reflected in those provisions. However, the other provisions of this User Agreement shall remain valid and fully enforceable.
16. COMPLAINTS.
Any claim or action arising out of or relating to the User Agreement or use of the Services, must be filed within two months immediately following the date on which the fact of which the claim arises or action corresponding law is satisfied, or lose that right forever. You acknowledge your agreement to the above, regardless of the provisions or provisions of any legislation that otherwise noted.
17. TITLES.
The headings and subheadings contained in this User Agreement, are for convenience only and have no legal or contractual effect.
IF YOU HAVE ANY DOUBTS OR QUESTIONS ABOUT THE PRIVACY POLICY,
This Privacy Notice is established pursuant to the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (the "Law of Personal Data").
All capitalized terms used is not defined herein shall have the meanings ascribed to them in the Personal Data Act.
Identity and address. The controller of personal data is Diez de Bonilla, Kuri & Associates, SC ("DBKA"), located at Av Army # 423, Seventh Floor, Colonia Granada, Miguel Hidalgo CP 11520 Mexico City.
Purposes of the Processing of Personal Data. There are several purposes for the processing of personal data held by DBKA. The main reasons why DBKA collects personal data are as follows:
With respect to employees or service providers to carry adequate internal control and to make payments arising from the employment or service delivery, make deductions and tax payments, and determine the persons to be contacted in the event of an emergency for each employee or service provider.
With respect to your customers or employees or officers of its customers, to provide legal, financial or any other area related to the consulting services it provides and for the collection of fees generated by the provision of services of DBKA.
With regard to your potential customers or employees or officials of potential customers, in order to evaluate the possibility of providing consulting services and provide quotes for the provision of such services.
With respect to suppliers, to make requests for products and services and to make payments for products or provide services we provide.
In general, the personal data it collects DBKA Holders are names, addresses, phone numbers, email addresses and in some cases, curriculum reviews, bank account numbers and tax data.
Where, at the time of collecting personal data, there is a purpose for the treatment of the same other than those listed in this section II, the Contractor shall notify DBKA, in order that, if necessary, to express its consent order accordingly.
Also, in cases where DBKA collect Sensitive Personal Data, the Contractor shall notify appropriate to get your consent expressly and clearly notify the purpose of treatment thereof.
Choices and means the Manager provides the owner to limit the use or disclosure of Personal Data. With regard to restrictions on disclosure of personal data, all persons involved in the processing of personal data in DBKA have signed an agreement which has been bound to observe confidentiality regarding all information DBKA DBKA or in possession of the who acquire access for any reason. Databases containing personal data are safeguarded within DBKA. Databases in electronic sheltered and allow remote access can only be consulted by staff or service providers DBKA, using keys and passwords should be changed periodically.
With regard to limiting the use of Personal Data, the Contractor may stop receiving news or information related to application to DBKA DBKA, following the procedure outlined in section IV below.
Means to exercise the ARCO rights. To exercise your rights of access, rectification, cancellation or opposition ("ARCO Rights") in accordance with the provisions of the Personal Data Act, the Holders may apply for the home of DBKA noted in Section I above, by writing to the Department of Personal Data DBKA. The request for access, rectification, cancellation or opposition ("Application ARC") shall provide guidance and support as follows:
The name and address of the Contractor or other means to communicate the answer to your ARCO Request.
The documents establishing the identity or, where appropriate, the legal representative of the Contractor.
The clear and precise description of the Personal Data for which it seeks to exercise any ARCO rights.
Any other item or document that facilitates the location of the Personal Data.
In the case of ARCO Request for correction of Personal Data, the Contractor shall state, in addition to those in this section, the amendments to be made and provide documentation supporting your request.
DBKA notify the Contractor, not later than twenty days from the date of receipt of the ARCO Request determination to the effect that, if appropriate, to take effect the same within fifteen days after the date on which communicates the answer.
The periods referred to above may be extended once for an equal period, so long as the circumstances warrant.
Transfers of Personal Data to be reported. DBKA not perform transfers without first obtaining the consent of the Owner, when such consent is required under the Personal Data Act. Where, at the time of collecting personal data, there is need for a transfer for which the Personal Data Act requires the consent of the Contractor, the Contractor shall notify DBKA. In the event that the Contractor does not object, be deemed to have consented to perform the transfer. DBKA inform the Third Party who, in their case, transfer this Personal Data Privacy Notice and the purposes to which the Holder held his treatment. Where appropriate, the treatment of personal data by the Referee shall be as agreed in this Privacy Notice and the Third Party shall assume the same obligations of DBKA as Head. Notwithstanding the foregoing, DBKA can not guarantee the Contractor is not responsible for the Third Treatment gives you the Personal Data.
Procedure and means by which the Manager shall notify the Holders of changes to the Privacy Notice. DBKA reserves the right to make changes to this Privacy Notice. Any changes to this Privacy Notice will be published at the following website: http://www.diezdebonilla-kuri.com.mx/
Mechanism to revoke the consent. If you wish to revoke your consent regarding treatment of your Personal Information by DBKA at any time, follow the procedure set out in Section IV above. It should be noted that the revocation of consent shall have no retroactive effect and that the consent may not be revoked when the treatment has the purpose of fulfilling obligations under a legal relationship between you and the person in charge, when such treatment is established by law or when to update any of the exceptions to the consent under the Personal Data Act.
If you are a holder of personal data obtained by DBKA and want more information about this Privacy Notice and compliance policies of the Law on Personal Data adopted DBKA, please send a letter to the address indicated in DBKA Section I above, and indicate how the recipient to the Department of Personal Data DBKA.
Labor Law Consultancy
For individual and collective matters
Professional Association of Lawyers
Established since 1985
José Antonio Diez de Bonilla Altamirano
Founding Partner
Education
Escuela Libre de Derecho. 1974 – 1979.
Postgraduate Courses
Refresher Course of Labor Litigation – Escuela Libre de Derecho (1980) and Specialization in Labor Law – Universidad Panamericana (1982).
Professional Experience
Since 1975 he has worked as an attorney and advisor in labor law, then in 1985 founded the firm of DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C..
Teaching experience
Professor of Labor Law I and II in the Bachelor of Law School – Universidad Anáhuac Campus Norte since 1986 to the date, and Professor of Labor Law at the Masters of the Law School – Universidad Anáhuac, Campus Norte since 1994 to the date, has also served as an invited professor at the Universidad del Mayab Mérida, Universidad Autónoma Benito Juárez at Oaxaca, Universidad Anáhuac of Cancún, among others. Active member of the Barra Mexicana, Colegio de Abogados, A.C. (Mexican Law Bar).
Specialization in Labor Law at the Universidad Panamericana (1989–1991).
Professional Experience
Since the year 1980, has worked as an attorney and advisor specializing in labor law matters, serving later as a Founding Partner of DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C. since 1985 to the date.
Teaching experience
Assistant Professor of Labor Law I y II in the Bachelor of Law School, Universidad Anáhuac, Campus Norte since 1995.
In this section we comprise everything related to terms and conditions which the employees can be hired, either individually or collectively. Providing our clients with forms and guidelines according to the Federal Labor Law. Including Individual Employment Agreements, either for a specific task, time, indefinitely, subject to test or a trainee agreement.
Termination of Employment
The service can consist with assistance since the layoff interview with the employee until celebrating a settlement, with the main purpose of reaching an agreement to avoid a labor dispute. As well, with the elaboration of the necessary documents according to the law, and to terminate the employment without prejudice, and the formalization of an agreement at the Boards of Conciliation and Arbitration.
Employee Benefits
We advise and inform our clients about the benefits under the law required to provide to the employees and the determination of these benefits obtaining the pertinent documental proof.
Profit Sharing
We advise about the integration of the Joint Commission of Profit Sharing, and the production of records and procedures to be followed to determine the profit that shall be distributed among the employees.
Health and Safety
We advise about the integration of the Joint Committee on Health and Safety, its registration with the authorities and preparation of relevant certificates.
Workplace Regulations
Advising to conform the regulation that must exist inside the workplace, creating the Committee appointed to elaborate it and its registration with the Labor Authority.
Training and Instruction
As an obligation under the Federal Labor Law, we advise the employer the way on how to comply with this disposition with the creation of the Joint Commission and the necessary formalities with the authorities.
Collective Labor Agreements
We have excellent relationships and experience with union leaders in Mexico, we participate in discussions, negotiations and agreements with them, advising our clients on periodic evaluations of Collective Labor Agreements.
The firm
Diez de Bonilla, Kuri y Asociados, S.C. is a law firm established since 1985, specialized in labor law representing the employer sector.
Basically we provide our services seeking for the harmony on the labor relations inside of a company, preventing any labor conflicts and avoiding penalties by the Labor Authority.
The interest of the firm has always been the preventive consultancy more than the corrective, in order to prevent any liability to their clients related to employment, joining your team as an external legal department.
We also have extensive experience in labor law litigation, either individual or collective matters, conducted at the Local Labor Boards as well as in the Federal Labor Board around Mexico and in the Federal Court of Conciliation and Arbitration.
Notes of interest
Minimum Wage 2023
As of January 1st,
2023, an increase of 20% in the general and professional minimum wages of both
salary areas of the country will take place.
IMPORTANT CRITERIA ABOUT PTU
Protection was recently granted to the
National Mining and Metallurgical Union “Frente”, by the Eight District Judge
in Labor Matters of Mexico City, against the Decree that reforms article 127,
section VIII, of the Federal Labor Law, which establishes a maximum limit to
the amount of the profit sharing of the employees of three months of salary or
the average of the participation received in the last three years, whichever is
more favorable.
NOM-037-STPS-2023 TELEWORKING – HEALTH AND SAFETY CONDITIONS AT WORK
What do you need to know about NOM - 037?
Objective.- Establish the safety
and health conditions at work for people under the Teleworking modality to
prevent accidents and illnesses.
Vacations Reform 2023
We inform you that yesterday, December 27, the Decree reforming articles 76 and 78 of the Federal Labor Law regarding vacations was published in the Official Gazette of the Federation in the following sense:
Minimum Wage 2023
As of January 1st, 2023, an increase of 20% in the general and professional minimum wages of both salary areas of the country will take place.
ENTRY INTO FORCE OF THE REFORM TO THE FEDERAL LABOR LAW REGARDING VACATION PERIODS
This past November 3rd, 2022, the Senate approved the reform to articles 76 and 78 of the Federal Labor Law, which extend the vacation period that workers will continuously enjoy to double the previous Federal Labor Law disposition in regards to the first year worked, increasing by two working days, until reaching twenty, for each subsequent year of services. As of the sixth year, the vacation period will increase by two days for every five years of service", as detailed in the following table:
LABOR REFORM IN ITS THIRD STAGE ENTERS INTO EFFECT
On September 20 of this year, the federal government published the entry into force of the third stage of the labor reform in which it establishes that as of this October third, the Labor Courts, as well as the Labor Conciliation and Registration Centers, both Local and Federal, will enter into operation regarding the States of Chihuahua, Mexico City, Coahuila, Jalisco, Michoacan, Nayarit, Nuevo Leon, Sinaloa, Sonora, Tamaulipas and Yucatan.
INCREASE IN THE MINIMUM WAGE
As of the publication in the Official Gazette of the Federation of the Joint Statement 033/2021 by which the increase in the minimum wage for the year 2022 is made known. The Council of Representatives of the National Commission of Minimum Wages, chaired by Luis Felipe Munguía Corella, agreed, this past December 1st, unanimously, an increase in the general and professional minimum wages of both salary areas of the country of 22%.
ENTRY INTO FORCE OF THE FEDERAL CENTER FOR CONCILIATION AND LABOR REGISTRATION
According to the Agreement by which the beginning of the registry functions of the Federal Center for Conciliation and Labor Registration published the past October 13th in the Official Gazette of the Federation, which states that starting November 3rd 2021 all functions concerning document and union registry, collective employment agreements and their contractual and salary review, internal work regulations, as well as all administrative processes related to the Federal Center for Conciliation and Labor Registry, in for the following States of Aguascalientes, Baja California, Baja California Sur, Coahuila, Colima, Chihuahua, Mexico City, Guanajuato, Guerrero, Jalisco, Michoacán de Ocampo, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, Sinaloa, Sonora, Tamaulipas, Tlaxcala, Veracruz de Ignacio de la Llave and Yucatán.
Entry into force of the Labor Reform concerning several States
As of November 3th 2021 it will enter into force the Second Stage of Implementation regarding the Labor Reform for the Justice System which will begin in the Labor Courts, as well as the Labor Conciliation and Registration Centers, in both Local and Federal jurisdictions, for the following States: Aguascalientes, Baja California, Guanajuato, Colima, Morelos, Oaxaca, Puebla, Querétaro, Quintana Roo, Tlaxcala and Veracruz, in addition to this the State of Hidalgo will adopt this stage strictly for the local jurisdiction, whereas in the States of Baja California Sur and Guerrero this stage will enter in to force on the federal jurisdiction.
REGISTRATION OF INDIVIDUALS THAT PROVIDE SERVICES OR EXECUTE SPECIALIZED WORK
Today May 24, 2021 an agreement was published in the Federal Official Gazette by which the general provisions for the registration of individuals or legal entities that provide specialized services or execute specialized work referred in the article 15 of the Federal Labor Law were published.
OUTSOURCING AMENDMENT
On April 23, 2021, a Decree was published in the Federal Official Gazette amending several legal provisions regarding the outsourcing.
OUTSOURCING AGREEMENT
Yesterday, April 05 of 2021, the main representatives of the labor and business sectors, officials of Mexico’s Government, as well as representatives of the Legislative Power met with the President Andrés Manuel López Obrador, in order to reach the following agreements:
TELEWORKING AMENDMENT
Today, January 11, 2021, the labor amendment on Teleworking has been published.
TELEWORKING is defined as a form of subordinate labor organization that consists of the performance of paid activities, in places other than the employer's establishment, so the physical presence of the worker in the workplace is not required, using information and communication technologies for contact and command between the worker and employer.
GENERAL MINIMUM WAGE 2021
The National Commission of Minimum Wages (by its acronym in Spanish CONASAMI) agreed to increase the general minimum wage throughout the country by 15% in the following manner: for the North Border Free Zone (NBFZ) by $15.75 in the Independent Recovery Amount (IRA) and 6% to the salary and for the rest of the country by $10.46 in IRA and 6% to the general minimum wage, as well as to increase the minimum professional salaries. Therefore, starting January 1, 2021, the new general minimum wage will be $141.70 for the rest of the country and $213.39 for the NBFZ.
EMPLOYER'S OBLIGATION TO PERFORM COVID-19 TESTS ON THE CDMX
We inform you that, on July 28, 2020, changes were published in the Mexico City Gazette regarding the employer's obligation to perform COVID-19 tests on its employees in the following terms:
MEASURES FOR THE REOPENING OF ECONOMIC ACTIVITIES
As you are aware, both the Federal Government and the Governments of the different states have issued guidelines that must be complied with in order to resume activities in the workplaces.
SPECIFIC TECHNICAL GUIDELINES FOR THE REOPENING OF ECONOMIC ACTIVITIES
On May 29, 2020, the Agreement for the Establishment of Specific Technical Guidelines for the Reopening of Economic Activities was issued, establishing that these guidelines will be mandatory for ALL workplace and are intended to establish specific measures to be implemented in them for a safe, gradual and responsible continuity or return to work activities.
Diez de Bonilla, Kuri y Asociados, S.C. is a law firm established since 1985, specialized in labor law representing the employer sector.
Basically we provide our services seeking for the harmony on the labor relations inside of a company, preventing any labor conflicts and avoiding penalties by the Labor Authority.
Our services are provided directly arranging regular visits to our clients. Therefore we will obtain awareness of the organization and operation, identifying situations that may involve violations to the labor dispositions or defects in labor - management relations and that could generate liability.
Likewise we organize round tables to address new issues of interest and that may involve or affect the human resource of our clients, consulting about all concerns and establishing guidelines to follow according to the Mexican Labor Law. The areas where we are specialized are the following:
Employment Agreements
Termination of Employment
Employee Benefits
Profit Sharing
Health and Safety
Workplace Regulations
Training and Instruction
Collective Labor Agreements
Litigation
Our ideal is always to prevent and avoid any labor liability. That is the reason we advise our clients regarding the documentation and provisions to be fulfilled to avoid any claim or suit from/at the Labor Authorities.
While a claim, complaint or inspection by or against the labor authorities is often unpredictable, what we can prevent is the imposition of a penalty regarding a labor dispute, this requires proper advice and preparation of necessary documentation, in order to fulfill with labor regulations.
Therefore, any claim or suit taken to the labor authorities around the entire Mexican Republic, Ministries of Labor and Social Security or Federal and Local Boards of Conciliation and Arbitration, Ministries of Defense of Labor, Bureau of Labor DF or any federal entity can be represented by our firm.
For this we have an excellent group of attorneys and law clerks with extensive experience and knowledge of the litigation in labor law, having presence at each and every one of the authorities who impart justice in labor law all around the country and likewise, for the purpose of providing a better service to our clients, we have alliances with prestigious law firms located in the states of Jalisco, Nuevo León, Tabasco, Quintana Roo, Baja California, Puebla, among others.
We also have extensive experience in disputes that may arise with the unions in charge of representing and protecting the worker rights, with great presence and relationship with the union leaders all over the country, which is possible because they consider us a firm that always is aiming to lead a harmonious relationship with workers.
Our Clients
We have over 300 clients around the country prestigious companies that have remained and have been grateful for our services for over 30 years.
We have clients from private industry dedicated to all types of industry such as Telecommunications, Food Chain Restaurants, Social Clubs, Editors, Universities and Schools, Television Broadcasters, Production Chemicals, Pharmaceuticals, Natural Gas, Construction, Real Estate Developers, Department Stores, Private Security and Service and Trade Providers of all kinds, as well as associations and foundations dedicated to private assistance.
We also have regular clients of the public sector, letting us participate in national projects with companies that are part of the Federal Public Administration.
Contact
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Prado norte #125, Floor 3, Indoor 301, Lomas de Chapultepec Tels. +52 (55) 5531-2125, 5250-5398, 5250-5314 Fax.+52 (55) 5250-5484 C.P. 11000 Mexico City
