Food Aid For Workers Act

Original Language Title: Ley de Ayuda Alimentaria para los Trabajadores

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Decree issuing the Food Aid Law for Workers

EXECUTIVE BRANCH

SECRETARY OF FINANCE AND PUBLIC CREDIT

DECREE issuing the Food Aid Law for Workers.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

EXPIDE FOOD AID LAW FOR WORKERS

UNICO ARTICLE. The Food Aid for Workers Act is issued to remain as follows:

Food Aid Law for Workers

TITLE FIRST

General Provisions

Article 1o. This Law aims to promote and regulate the implementation of food aid schemes for the benefit of workers, in order to improve their nutritional status, as well as preventing diseases linked to poor nutrition and protecting health in the occupational field.

This Law is applicable throughout the Republic and its provisions are of social interest.

Article 2o. For the purposes of this Law:

I.         Correct diet. That which is complete, balanced, healthy, sufficient, varied and adequate, in terms of the provisions that the Secretary of Health issues to the effect;

II.        Standards. To Mexican official standards;

III.       Secretariat. To the Secretariat of Labor and Social Welfare;

IV.      Workers. To the men and women who lend to a physical or moral person a subordinate personal work, that their labor relations be included in article 123 (A) of the Political Constitution of the United Mexican States.

Article 3o. Employers may opt, on a voluntary or concerted basis, to grant their workers food aid in any of the modalities laid down in this Law or by combinations of these.

A pattern will be understood to have chosen to grant food aid, when that benefit is incorporated into a collective labor contract.

Article 4o. Only employers who grant their workers food aid in the modalities and under the conditions set out in this order may receive the tax benefits referred to in this Act.

TITLE SECOND

FOOD HELP

Chapter I

Food Aid Objective

Article 5o. Food aid will aim for workers to benefit from the consumption of a correct diet. The specific characteristics of a correct diet will be those that the Health Secretariat establishes in the rules.

Article 6o. The Health Secretariat, in coordination with the Secretariat, will define and implement national campaigns, specifically aimed at workers, in the field of health promotion and food guidance, including messages to improve their nutritional status and prevent malnutrition, overweight and obesity.

Chapter II

Food Aid Modes

Article 7o. Patterns can set food aid schemes for workers by any of the following modes:

I.         Meals provided to workers at:

a) Eaters;

b) Restaurants, or

c) Other food consumption establishments.

The establishments referred to in points (a), (b) and (c) of this fraction may be engaged directly by the employer or be part of a feeding system administered by third parties. using printed or electronic vouchers, and

II.        Pantries, either by food cannastillas or by means of pantry vouchers in print or electronic format.

In the framework of this Law, food aid may not be granted in cash or by other mechanisms other than the modalities laid down in this Article.

Article 8o. In cases where food aid is granted in a concerted manner, the selected modalities must be expressly included in the collective contract of employment.

Article 9o. The Secretariat of Health, in coordination with the Secretariat, shall issue the rules to which the dining rooms referred to in Article 7 (1) (a) shall be subject to Law. In addition, both agencies will exercise, in coordination with the governments of the federal authorities, the monitoring of these canteens to verify compliance with the requirements they must meet.

The governments of the federative entities shall exercise the sanitary control of the restaurants or other food consumption establishments referred to in points (b) and (c) of section I of the Article 7 of this law in the terms of the General Health Law.

Article 10. Patterns shall maintain sufficient and adequate documentary control to demonstrate that the food aid covered by this Law has been effectively delivered to its workers.

Article 11. The vouchers that are used to provide food aid in terms of this Law shall meet the following requirements:

I.         For printed vouchers:

a) Contain the legend "This voucher may not be fully or partially traded for cash";

b) Point to the due date;

c) Include the name or social reason of the voucher company;

d) Specify expressly whether this is a voucher for meals or for pantries, as the case may be;

e) Clearly and clearly indicate the amount of the voucher with number and letter, and

f) Be printed on security paper.

II.        For e-vouchers:

(a) Consist of a device in the form of a plastic card having a magnetic stripe or some other technological mechanism to enable it to be identified at the terminals of the establishments affiliated to the the card issuer's network;

b) Specify expressly whether this is a voucher for meals or for pantries, as the case may be;

c) Visibly indicate the name or social reason of the card issuing company, and

d) Use only for the purchase of meals or pantries.

Article 12. For the printed and electronic vouchers provided for in this Law, it will be prohibited:

I.         Redeem them for money, whether in cash or through credit titles;

II.        Redeem or use them to purchase alcoholic beverages or tobacco products;

III.       Use for purposes other than those of this Law or for services other than those defined in point (b) or (c) of Article 7 (I) or in Part II of that same Article, and

IV.      Use the electronic voucher card to withdraw the amount of your cash balance, directly from the issuer or through any third party, by any means, including ATMs, points of sale or cash registers, between other.

Chapter III

Incentive and promotion

Article 13. For the purpose of promoting the establishment of food aid schemes in the various modalities referred to in Article 7o. of this Law and achieve the objectives set out in Article 5o. of the same, the expenses incurred by the employers to provide dining services to their workers, as well as for the delivery of pantries or vouchers for pantry or for consumption of food in establishments, will be deductible in the (a) terms and conditions laid down in the Income Tax Act and in the Single Rate Business Tax Act and the corresponding income of the worker shall be considered as income exempt from social security benefits for the worker, in the terms and limits set forth in the Income Tax Act and not be part of the basis of the social security contributions in the terms and conditions that the social security laws provide for the case.

Article 14. The Secretariat will develop and disseminate a permanent national campaign aimed at promoting the benefits for employers and workers related to the granting of food aid in the terms, modalities and conditions provided for in this Law. For the incorporation in the campaigns of references to the benefits in the field of occupational health, the Secretariat will coordinate with the Secretariat of Health.

THIRD TITLE

ASSESSMENT, MONITORING, AND SURVEILLANCE

Chapter I

Tripartite Commission

Article 15. The assessment and monitoring of compliance with the provisions of this Law shall be carried out by a tripartite commission which shall be integrated into the terms of this Article. It will also be up to the Commission to make the relevant recommendations for the improvement or extension of the food aid measures provided for in this Law. The above, without prejudice to the exercise of the oversight powers that correspond to the dependencies and entities of the Federal Public Administration and to the governments of the federal entities in terms of the applicable provisions.

The tripartite commission referred to in the preceding paragraph shall be integrated by:

I.         A representative of the Secretariat, who will chair the Secretariat;

II.        A representative of the Secretariat of Health;

III.       A representative of the Secretariat of Finance and Public Credit;

IV.      Three representatives of national workers ' organisations, and

V.       Three representatives of national employers ' organisations.

The Secretariat shall determine the manner in which the representation referred to in fractions IV and V of this Article shall be assigned.

Representatives of the Federal Public Administration's offices before the commission must have a level of Undersecretary or their equivalent.

The Secretariat may invite representatives of those business organizations to participate in the sessions of the tripartite commission, with the character of consultants, with voice and without a vote. or social services related to the provision of services linked to the provision of the food aid benefit referred to in this Law.

The operation and operation of the Tripartite Commission will be established in accordance with its Internal Rules of Operation.

Chapter II

Surveillance

Article 16. Without prejudice to what is set out in Article 9o. of this Law, the monitoring of compliance with the provisions of this order shall be the responsibility of the Secretariat, the Secretariat of Health and the governments of the Federative Entities, in the field of their respective competences.

Surveillance actions shall be in accordance with the administrative procedure laid down in the relevant health and labour laws and, in an additional manner, to the requirements of the Law Federal Administrative Procedure or equivalent in federal entities, as appropriate.

TITLE FOURTH

SANTIONS

Single Chapter

Article 17. Violations of the provisions of this Law and the provisions emanating from it shall be administratively sanctioned by the health and labor authorities, federal or local, in the the scope of their respective powers, without prejudice to the penalties that correspond to them when they constitute criminal offences.

Article 18. For the application of sanctions arising from violations of this Law, the administrative procedure laid down in the applicable substantive laws on health and safety shall be observed. and, in an additional way, the Federal Law of Administrative Procedure or equivalent in the federal entities, as appropriate.

Article 19. The of the pattern of maintaining the documentary check referred to in Article 10 of this Law will be punishable by a fine of up to two thousand times the daily minimum daily wage in force in the economic zone in question.

Article 20. The hiring by the employer of a voucher issuing company that does not meet the requirements set out in Article 11 of this Law will be sanctioned with a fine of two thousand to six thousand. times the daily general minimum wage in force in the economic area concerned.

Article 21. The owners of the establishment in which they are encouraged, permitted or engaged in any of the conduct described in Article 12 of this Law shall be punished with a fine of six thousand up to twelve thousand times the daily general minimum wage in force in the economic zone concerned.

Article 22. In case of recidivism the amount of the corresponding fine will be doubled. For the purposes of this Law, recidivism shall be understood, in cases where the offender commits the same violation to the provisions of this Law two or more times within the period of one year, counted from the date on which he was notified of the previous immediate sanction.

TRANSIENT

First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Second. The Secretariat of Labor and Social Security shall convene the first session of the Tripartite Commission referred to in Article 15 within a period not exceeding 90 calendar days. after the entry into force of this law.

Mexico, D.F., at 7 October 2010.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Maria de Jesus Aguirre Maldonado, Secretary.-Sen. Adrian Rivera Perez, Secretary.-Rubicas."

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at 11 January of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.