FEDERAL LAW OF WORKERS AT THE SERVICE OF THE STATE, REGULATION OF ARTICLE 123 (B) OF THE CONSTITUTION
Official Journal of the Federation on December 28, 1963
Latest Reform Published in the DOF April 2, 2014
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ADOLFO LÓPEZ MATEOS, Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has been used to address the following
The Congress of the United Mexican States, decrees:
FEDERAL LAW OF WORKERS AT THE SERVICE OF THE STATE, REGULATION OF ARTICLE 123 (B) CONSTITUTIONAL
Article 1o.- This Law is of general observance for the owners and workers of the branches of the Union Powers, the Federal District Government, the Institutions listed below: Institute of Safety and Social Services of State Workers, Federal Boards of Improvement Materials, National Housing Institute, National Lottery, National Institute of Protection to the Children, National Indigenous Institute, National Banking Commission and Insurance, National Securities Commission, Electricity and Gas Tariff Commission, Maximino Avila Camacho and Children's Hospital; as well as other decentralized agencies, similar to the previous ones in charge. utility function.
Article 2o.- For the purposes of this law, the legal working relationship is established between the owners of the agencies and institutions mentioned above. and the workers based on their service. In the legislative branch, the competent bodies of each Chamber will assume this relationship.
Article 3o.- Worker is any person who provides a physical, intellectual or both genera service, by virtue of an appointment issued or to appear on the rosters of temporary workers.
Article 4o.- Workers are divided into two groups: trust and base groups.
Article 5o.- They are trusted workers:
I.- Those who make up the plant of the Presidency of the Republic and those whose appointment or exercise requires the express approval of the President of the Republic;
II.- In the Executive Branch, those of the dependencies and those of the entities within the regime of Article 123 (B) of the Constitutional Treaty, which carry out functions which, in accordance with the catalogues referred to in Article 20 of this Law, are:
a).- Address, as a consequence of the exercise of its legal powers, which in a permanent and general manner confer the representativeness and imply power of decision in the command at level CEOs, area managers, attachments, deputy directors, and department heads.
b).- Inspection, surveillance and audit: exclusively at the level of the headquarters and sub-headquarters, when they are considered in the budget of the dependency or entity in question, as well as the technical staff who are exclusively and permanently performing such duties occupying posts which are of confidence to date.
c).- Handling of funds or securities, when the legal faculty of disposing of them is implied, determining their application or destination. Support staff are excluded.
d).- Audit: at the level of auditors and general sub-auditors, as well as technical personnel who exclusively and permanently perform such functions, provided that The budget depends on the Comptroller's or the Audit Areas.
e).- Direct acquisition control: when they have the representation of the dependency or entity concerned, with powers to make decisions on acquisitions and purchases, as well as the personnel responsible for supporting with technical elements these decisions and that occupy positions in the budget considered in these areas of the dependencies and entities with such characteristics.
f).- In warehouses and inventories, the person responsible for authorizing the entry or exit of goods or securities and their destination or the low and high inventory.
g).- Scientific research, as long as it involves faculties to determine the sense and form of the research to be carried out.
h).- Advisory or Consulting, only when provided to the following superior public services; Secretary, Sub-Secretary, Senior Officer, General Coordinator, and Director General at the Federal Government's offices or their counterparts in the Entities.
i).- The personnel assigned to the particular Secretariats or Helpers.
j).- The particular Secretaries of: Secretary, Sub-Secretary, Senior Officer and Director General of the Federal Executive's offices or their equivalents in the entities, as well such as those intended for the service of officials referred to in section I of this Article.
k).- Agents of the Federal Public Ministry and the Federal District.
l).- The Agents of the Judicial Police and the members of the Preventive Police.
All the categories that the classification of the Federation of Jobs of the Federation, for the teaching staff of the Education Secretariat, must be considered on the basis of this classification. Public.
The ranking of trusted positions in each of the dependencies or entities will be part of their catalog of positions.
III.- In Legislative Power:
A. In the Chamber of Deputies: Secretary-General, Services Secretaries, Coordinators, Internal Controller, Directors-General, Directors, Deputy Directors, Heads of Department, Private Secretaries, Private Secretaries, Subcontralors, Auditors, Secretaries Technicians, Advisors, Consultants, Researchers, Liaison Secretaries, Head of Unit or Centre for Studies, Parliamentary Safeguarding Agents, Civil Protection Agents, Supervisors of administrative, technical and parliamentary areas, and the staff of the Career Service.
B. In the Higher Audit of the Federation: Superior Auditor, Special Auditors, Unit Holders, Directors General, Directors, Deputy Directors, Heads of Department, Auditors, Visitors, Inspectors, Advisors and Secretaries Individuals, Watchers, Supervisors of administrative and technical areas.
C. In the Chamber of Senators: Secretaries-General, Treasurer, Coordinators, Internal Controller, Directors-General, Directors, Deputy Directors, Heads of Department, Technical Secretaries, Private Secretaries, Subcontralors, Auditors, Advisors, Consultants, Researchers, Parliamentary Safeguarding Agents, Civil Protection Agents, Supervisors of administrative, technical and parliamentary areas, Private Links and Secretaries.
irrespective of the appointment issued, in all cases referred to in this section, shall be deemed to be a trusted worker who carries out the The following functions:
a) Address, as a consequence of the exercise of its legal powers, which in a permanent and general manner confer the representativeness and involve power of decision in the exercise of the command.
b) Inspection, surveillance and audit: when they are considered in the budget of the Chamber of Deputies, as well as the technical staff who in form exclusive and permanent is performing such functions occupying positions that to date are of confidence.
c) Handling of funds or values, when it involves the legal ability to dispose of them, determining their application or destination.
d) Audit: at the level of auditors and general sub-auditors, as well as technical personnel who exclusively and permanently perform such functions, provided that The budget depends on the Office of the Comptroller or the Audit Office.
e) Direct acquisition control: when they have the representation of the Chamber of Deputies with powers to make decisions on acquisitions and purchases, as well as the personnel responsible for supporting with technical elements these decisions and that occupy positions budgeted in these areas of the Chamber of Deputies with such characteristics.
f) In warehouse and inventories, the person responsible for authorizing the entry or exit of goods or securities and their destination or the discharge and discharge in inventories;
g) All those workers who perform functions that are similar to the above.
IV.- In the Judiciary: the Secretaries of the Ministers of the Supreme Court of Justice of the Nation and in the Superior Court of Justice of the Federal District, the Secretaries of the Full Court and the Chambers;
Article 6o.- They are base workers:
The ones not included in the previous enumeration and which, therefore, will be immovable. The new income will not be immovable but after six months of services without unfavorable note in your file.
Article 7o.- When creating categories or charges not included in Article 5o, the base or trust classification that corresponds to them will be expressly determined by the legal disposition to formalize its creation.
Article 8o.- The trust workers referred to in the article are excluded from the rule of this law 5o.; members of the Army and National Navy with the exception of the civilian personnel of the National Defense and Navy Secretariats; the militarized personnel or who are legally military; the members of the Mexican Foreign Service; the personnel monitoring of penitentiary establishments, prisons or galleys and those who provide their services through a civil contract or who are subject to payment of fees.
Article 9o.- Base workers must be Mexican nationals and only be replaced by foreigners when there are no Mexicans who can develop the respective service. The substitution will be decided by the owner of the dependency hearing the union.
Article 10.- The rights that this law grants are indispensable.
Article 11.- As not provided for by this law or special provisions, the Federal Labor Law, the Federal Code of Procedure, shall be applied in an order, and in its order. Civilians, laws of common order, custom, use, general principles of law and equity.
Rights and Obligations of Workers and Holders
Article 12.- Workers shall render their services by virtue of appointment issued by the official empowered to extend it or to be included in the lists of temporary workers, for work determined or for fixed time.
Article 13.- Children aged more than sixteen years will have the legal capacity to provide services, receive the corresponding salary and exercise the derived from this law.
Article 14.- They shall be null and void and shall not force workers, even if they expressly admit them, to:
I.- A day greater than allowed by this law;
II.- Dangerous or unsanitary or night work for children under sixteen years;
III.- An inhumane day by the notoriously excessive or dangerous for the worker, or for the health of the pregnant worker or the product of conception;
IV.- A salary below the minimum set for workers in general, where the services are provided, and
V.- A period of more than 15 days for the payment of your wages and other economic benefits.
Article 15.- Appointments must contain:
I.- Name, nationality, age, gender, marital status, and address;
II.- The services to be provided, which will be determined as accurately as possible;
III.- The character of the appointment: definitive, interim, provisional, for fixed or determined work time;
IV.- The length of the workday;
V.- The salary and other benefits to be paid by the worker, and
VI.- The place in which you will render your services.
Article 16.- When a worker is moved from one population to another, the Dependence on which he/she provides services, will give the worker the cause of the transfer, and shall have the obligation to cover travel and household costs, except where the shipment has been requested by the worker.
If the shipment is for a period of more than six months, the worker will have the right to be previously covered by the expenses incurred by the transport of household equipment essential for the the installation of your spouse and your family in ascending or descending straight line, or collateral in the second degree, provided that they are under your economic dependence. You shall also be entitled to be covered by the transfer costs of your spouse and relatives referred to in this paragraph, unless the transfer is due to the worker's own application.
Only a worker can be ordered to be moved for the following reasons:
I.- By properly justified reorganization or service needs;
II.- By job center disappearance;
III.- By properly authorized permuse; and
IV.- By failure of the Federal Court of Conciliation and Arbitration.
Article 17.- The actions or certifications that are made in connection with the application of this law shall not cause any tax.
Article 18.- The accepted appointment requires that you fulfill the duties inherent in the appointment and the consequences that are in accordance with the law, the use and the good faith.
Article 19.- In no case will the change of officials of a dependency affect workers ' rights.
Article 20.- Workers of the Union Powers and the Federal District Government will be classified according to the General Catalogue of Posts of the Federal Government, which shall contain the Catalogues of Posts that define the competent organs of each of the Powers and the Government of the Federal District. The employees of the entities subject to the scheme of this Law shall be classified in accordance with their own catalogues which they establish within their internal arrangements. In the formulation, implementation and updating of the catalogue of posts, the members or representatives of the respective departments and trade unions shall participate jointly in the matters applicable to them.
Article 21.- Day work is considered to be between six and twenty hours, and night is considered to be between twenty and six hours.
Article 22.- The maximum duration of the daytime working day will be eight hours.
Article 23.- The maximum night work day will be seven hours.
Article 24.- It is a mixed day that includes periods of time of day and night days, provided that the night period spans less than three and a half hours, Otherwise, it will be repudiated as night time. The maximum duration of the mixed day shall be seven and a half hours.
Article 25.- When the nature of the work so requires, the maximum day will be reduced considering the number of hours a normal individual can work without suffering broke in your health.
Article 26.- When for special circumstances the maximum hours should be increased, this work shall be considered extraordinary and may never exceed three hours. not three consecutive times.
Article 27.- For every six days of work, the worker will enjoy a rest day, at least, with full pay.
Article 28.- Women will enjoy a month off before the date that is approximately fixed for childbirth, and two others after the birth. During breast-feeding, they will have the right to decide between two extraordinary reposses per day, half an hour each, or an extraordinary rest per day, one hour to breastfeed their children or to perform the manual extraction of milk, appropriate and hygienic place to be designated by the institution or dependency and shall have access to the training and promotion for breastfeeding and breastfeeding, encouraging that the mother's milk is exclusively food for six months and complementary until advanced the second year of age.
Article 29.- It will be mandatory rest days for the official calendar and the one to determine the Federal and Local Electoral Laws in the case of elections. ordinary, to conduct the election day.
Article 30.- Workers who have more than six consecutive months of service, will enjoy two annual holiday periods, ten working days each, in the dates to be noted; but in any case, guards will be left for the processing of urgent matters, for which the services of those who do not have the right to leave will be used.
When a worker is unable to make use of the holiday in the periods indicated, for the needs of the service, he or she shall enjoy them for the ten days following the date on which the the cause which prevents the enjoyment of that rest has disappeared, but in no case will the workers who work in holiday periods be entitled to double pay.
Article 31.- During legal hours, workers will have an obligation to develop civic and sporting activities that are compatible with their skills, age and health condition, where the holder of the respective dependency so provides.
Article 32.- The salary or salary that is assigned in the regional tabs for each position constitutes the total salary to be paid to the worker in exchange for the services provided, without prejudice to other benefits already established.
The salary levels of the tab that will be entered in salary equivalent to the minimum wage should be increased by the same percentage as the minimum wage.
The Secretariat of Finance and Public Credit, taking into account the opinion of the Federation of Trade Unions of the State Service, will set the rules, guidelines and policies to allow for differences in the remuneration allocated for cases of scope at the levels of tabulator that originate from the increases referred to in the preceding paragraph.
In the Union Powers, the salary tabulators shall be determined by their respective competent bodies, in accordance with their internal rules and shall be integrated into their respective annual expenditure budgets.
Article 33.- The salary or salary shall be uniform for each of the posts in the general catalogue of positions of the Federal Government and shall be fixed on the tabulators Regional, falling within the respective expenditure budgets.
Article 34.- The amount of the uniform salary set in the terms of the previous article may not be decreased during the lifetime of the Eglès Budget. corresponds.
For every five years of effective services provided up to twenty-five, workers will be entitled to pay a premium as a supplement to the salary. The amount or proportion of such premium shall be fixed in due time in the corresponding expenditure budgets.
Article 35.- Regional tabs will be established that will be elaborated taking into consideration the different average cost of living in various economic zones of the Republic.
The Inter-secretarial Commission of the Civil Service, in accordance with the provisions of the preceding paragraph, shall carry out and submit to the appropriate authorities the relevant technical studies. for the revision, updating and fixing of regional tabs, and the areas in which they should be governed.
Item 36.- (Repeals).
Article 37.- Payments shall be made at the place where the workers provide their services and shall be made in the currency of the legal tender or in cheques.
Article 38.- Only holds, discounts, or deductions to workers ' salary may be made in the case of:
I.- Of debts incurred by the State, by way of advances in wages, payments made with excess, errors or losses duly verified;
II.- The collection of union fees or the contribution of funds for the formation of cooperatives and savings banks, provided that the worker has previously stated, an express manner, their conformity;
III.- Of the discounts ordered by the Institute of Safety and Social Services of the State Workers on the occasion of obligations contracted by the workers;
IV.- Of discounts ordered by competent judicial authority, to cover food that is required of the worker, and
V.- To cover obligations in respect of the worker, in which he has consented, arising from the acquisition or use of legally considered rooms as cheap, provided that the affectation is done by trust in the national credit institution authorized for that purpose.
VI.- The payment of credits to cover loans from the housing fund for the purchase, construction, repair or improvement of houses or the payment of liabilities acquired by these concepts. These discounts must have been freely accepted by the worker and may not exceed 20% of the salary.
The total amount of the discounts may not exceed thirty percent of the total salary, except in the cases referred to in fractions III, IV, V and VI of this Article.
Article 39.- Extraordinary hours of work will be paid with one hundred percent more of the salary assigned to ordinary hours.
Article 40.- On compulsory rest days and on holidays referred to in Articles 27 to 30, workers will receive full pay; when the salary is pay per unit of work, the salary of the last month will be averaged.
Workers who provide their services during the day on Sunday will be entitled to an additional 25 percent payment on the amount of their budget salary of the days. ordinary work.
Workers who in the terms of Article 30 of this Law enjoy one or two periods of ten working days on holiday, shall receive an additional premium of thirty per year. (a) the budget salary corresponding to them during such periods.
Article 41.- The salary is not subject to judicial or administrative embargo, outside of the provisions of Article 38.
Article 42.- The assignment of wages in favor of third person is null.
Article 42 Bis.- Workers shall be entitled to an annual payment which shall be included in the expenditure budget, which shall be paid by 50% before 15% of the (a) December and the other 50% by 15 January at the latest, and which shall be equivalent to 40 days of the salary, at least, without any deduction. The Federal Executive will dictate the rules to fix the proportions and the procedure for the payments in case the worker has served less than one year.
Article 43.- These are the obligations of the holders referred to in Article 1. of this Law:
I.- Prefer on a level playing field, knowledge, skills, and seniority, to unionized workers regarding those who are not; to those who represent the The only source of family income; to the Veterans of the Revolution; to the survivors of the American invasion of 1914; to those who have previously provided services to them and to those who have the best rights according to the escalafon.
For the purposes of the preceding paragraph, in each of the dependencies the steps shall be formed according to the bases established in the third title of this law;
II.- Meet all hygiene and accident prevention services that are required by employers in general;
III.- Reinstall the workers in the squares of which they have separated them and order the payment of the fallen wages, to be condemned by the executed award. In cases of removal of places, the workers concerned shall have the right to be granted another equivalent in category and salary;
IV.- According to the item that has been set for this purpose in the Ederes Budget, cover the compensation for unjustified separation when the workers have opted for it and pay in a single exhibition the wages or salaries fallen, holiday premium, Sunday premium, aguinaldo and quinquenios in the terms of the final award.
V.- Provide workers with the tools, tools, and materials needed to execute the agreed work;
VI.- Cover contributions to be made by special laws, so that workers receive the benefits of social security and services included in the concepts following:
a) Medical, surgical, pharmaceutical and hospital care, and, where appropriate, compensation for occupational accidents and occupational diseases.
b) Medical, surgical, pharmaceutical and hospital care in cases of non-professional illness and maternity.
c) Retirement and pension for invalidity, old age, or death.
d) Medical assistance and medicines for the worker's family members, in the terms of the Law of the Institute of Safety and Social Services of State Workers.
e) Setting up holiday and recovery centers, child care centers, and economic stores.
f) Establishment of Public Administration Schools in which the necessary courses are given so that workers can acquire the knowledge to obtain Promotions according to the scale and to ensure the maintenance of their professional competence.
g) To promote any measure that allows workers in their Dependence, leasing or purchase of cheap rooms.
h) Constitution of deposits in favor of workers with contributions on their basic wages or salaries, to integrate a housing fund in order to establish systems of financing that will allow them to be granted, cheap and sufficient credit to acquire in property or condominium, comfortable and hygienic rooms; to build, repair or improve them or for the payment of liabilities acquired by those concepts.
The contributions made to this fund will be made available to the Institute of Social Security and Services of the State Workers, whose Law will regulate procedures and forms. in accordance with which the corresponding appropriations shall be awarded and awarded.
VII.- Provide workers who are not incorporated in the Law of the Law of the Institute of Social Security and Services of State Workers, the benefits social to be entitled in accordance with the law and regulations in force;
VIII.- Grant licenses to their employees, without prejudice to their rights and seniority and in the terms of the General Conditions of Work, in the following cases:
a).- For the performance of union commissions.
b).- When they are temporarily promoted to the exercise of other commissions, in dependence other than that of their membership.
c).- To perform popular election charges.
d).- Workers suffering from non-professional diseases, in the terms of Article 111 of this Law, and
e).- For worker personal reasons.
IX.- Make deductions, in wages, that are requested by the respective unions, provided that they conform to the terms of this law.
X.- Integrate the workers ' files and submit the reports that are requested for the processing of the social benefits, within the terms that they indicate in the respective orders.
Article 44.- They are workers ' obligations:
I.- To perform its tasks with appropriate intensity, care and care, subject to the direction of their bosses and the respective laws and regulations.
II.- Observe good customs within the service.
III.- Meet the obligations imposed on them by the general working conditions.
IV.- Save reservation of the issues that come to your knowledge on the occasion of your work.
V.- Avoid the execution of acts that endanger your security and that of your colleagues.
VI.- Attend your tasks on time;
VII.- Do not make propaganda of any kind within the buildings or workplaces, and
VIII.- Attend training institutes to improve their preparation and efficiency. -
Article 45.- The temporary suspension of the effects of the appointment of a worker does not mean the termination of the worker's appointment.
Are causes of temporary suspension:
I.- That the worker contracts a disease that involves a danger to people who work with him, and
II.- The preventive prison of the worker, followed by an absolute sentence or the arrest imposed by judicial or administrative authority, unless, in the case of arrest, the Federal Court of Conciliation and Arbitration, decide that the worker's cessation should take place.
Workers entrusted with the management of funds, securities or assets may be suspended for up to sixty days by the holder of the respective dependency, when he appears some irregularity in their management while the investigation is carried out and resolved on their termination.
Article 46.- No worker can be ceased but for just cause. As a result, the appointment or appointment of workers will only cease to have effects without liability for the operators of the premises for the following reasons:
I.- By waiver, by abandonment of employment or by abandonment or repeated unjustified failure to perform technical tasks relating to the operation of machinery or equipment, or to the attention of persons, who endanger those goods or which causes the suspension or deficiency of a service, or which endangers the health or life of the persons, in the terms that they indicate in the Regulations of Work applicable to the respective dependency.
II.- By conclusion of the term or the determining work of the designation;
III.- By death of the worker;
IV.- For permanent incapacity of the worker, physical or mental, to prevent him from performing his duties;
V.- By resolution of the Federal Court of Conciliation and Arbitration, in the following cases:
a) When the worker incurs intakes of probity or honesty or acts of violence, amagos, injuries, or bad treatments against his or her bosses or against the family members of each other, either within or outside of the hours of service.
b) When you fail for more than three consecutive days to your tasks without justified cause.
c) By intentionally destroying buildings, works, machinery, instruments, raw materials, and other work-related objects.
d) For committing immoral acts during the job.
e) By revealing the secret or reserved matters that you have knowledge of on the basis of your work.
f) By engaging with your recklessness, carelessness, or neglect of the security of the workshop, office, or dependency where you provide your services or the people who are there.
g) By repeatedly disobeying and without justification the orders you receive from your superiors.
h) By attending, usually, to work in a state of drunkenness or under the influence of some narcotic or energy drug.
i) For proven lack of compliance with the general working conditions of the respective dependency.
j) Per prison that is the result of an execution statement.
In the cases referred to in this section, the head of the respective office may order the removal of the worker who is due to terminate the effects of his/her appointment, to an office other than that in which it is providing its services, within the same Federative Entity when this is possible, until the conflict is finally resolved by the Federal Court of Conciliation and Arbitration.
For any of the causes referred to in this section, the holder of the Dependence may suspend the effects of the appointment if it is in conformity with the Union (c) the holder may, in the case of any of the serious causes referred to in points (a), (c), (e) and (h), seek to conclude the effects of the appointment, before the Federal Court of Justice, Conciliation and Arbitration, which will provide, in a separate incident, the suspension of the the effects of the appointment, without prejudice to the continuation of the main proceedings until the end of the procedure in the relevant terms and time limits, in order to determine definitively the origin or the origin of the termination of the appointment.
When the Court resolves that the effects of the appointment without responsibility for the State should be terminated, the worker shall not be entitled to the payment of wages fallen.
Article 46 Bis.- When the worker incurs any of the causes referred to in the fifth paragraph of the previous article, the head of the office shall proceed to lift the the administrative act, with the assistance of the worker and a representative of the respective trade union, in which the facts, the statement of the worker concerned and those of the witnesses of charge and discharge to which they are proposed shall be laid down, the one to be signed by those involved and by two witnesses of assistance, The same act must be delivered, one copy to the worker and one to the trade union representative.
If in the judgment of the Holder it is necessary to sue before the Federal Court of Conciliation and Arbitration the termination of the effects of the appointment of the worker, to the demand will be accompanied, as the basis for the action, the administrative act and the documents which, when formulated, have been added to it.
Article 47.- It is understood by scale the system organized in each dependency according to the bases established in this title, to effect the promotion of the promotion of the workers and authorize permutas.
Article 48.- They are entitled to participate in the contests to be promoted, all base workers with a minimum of six months in the square of the lower immediate grade.
Article 49.- Each dependency shall be issued a Escalafon Regulation in accordance with the bases established in this Title, which shall be formulated, by common agreement, by the holder and the respective union.
Article 50.- These are scalar factors
III.- The age, and
IV.- Discipline and punctuality.
It is understood:
a) By knowledge: The possession of the theoretical and practical principles that are required for the performance of a square.
b) By aptitude: The sum of physical and mental faculties, initiative, industriousness, and efficiency to perform a given activity.
c) By seniority: The time of services provided to the corresponding dependency, or to another other whose employment relationships are governed by this Law, provided that the has been subject to a reallocation process on the occasion of the reorganisation of services, or the effects of administrative deconcentration even if the reallocation is carried out by the worker's will.
At the Institute of Social Security and Services of State Workers, the positions of Directors and Deputy Directors of Clinics, Heads of Surgical Division and Medical Division; Heads of Medical and Surgical Speciality Services and Medical Laboratory Chiefs, will be occupied by opposition among the workers of the same Institution. In order to qualify the opposition, the Escalafon Commission will advise the National Academies of Medicine and Surgery, as the case may be, which will give the corresponding opinion, which will serve as the basis for the designation. In the event that the aforementioned Academies declare the contest to occupy the positions of the Division of Medicine and Surgery and Heads of Medical and Surgical Speciality, open opposition among all the specialists of the the branch in the Republic.
Article 51.- Vacancies will be granted to workers in the lower immediate category who credit better rights in the assessment and rating of factors escalafonaries.
On a level playing field, the worker who proves to be the only source of income for his/her family will be given priority, and when there are several in this situation, it will be preferred increased service time provided within the same bureaucratic unit.
Article 52.- Scalafonary factors will be qualified by tabulators or through the appropriate systems of record and evaluation that you point out in the regulations.
Article 53.- The personnel of each dependency shall be classified, according to their categories, in the groups referred to in Article 20 of this Law.
Article 54.- In each dependency, a Joint Commission of Escalafon, integrated with equal number of representatives of the holder and the union, will operate according to the needs of the same Unit, who shall appoint an arbitrator to decide the cases of a tie. If there is no agreement, the designation shall be made by the Federal Court of Conciliation and Arbitration in a term not exceeding ten days and from a list of four candidates to be proposed by the conflicting parties.
Article 55.- The dependencies of the dependencies will provide the Joint Committees of Escalafon with the administrative and material resources for its effective operation.
Article 56.- The powers, duties, powers, procedures and rights of the Joint Committees of Escalafon and its Auxiliary Bodies shall be mentioned in the regulations and conventions, without contravening the provisions of this law.
Article 57.- The holders will make known to the Escalafon Joint Commissions the vacancies that are filed within the next ten days in which the notice of discharge is issued. the creation of base places is officially approved.
Article 58.- Having knowledge of the vacancies, the Joint Committees of Escalafon will of course proceed to call a competition, among the workers of the category lower immediate, by means of circulars or bulletins which shall be fixed in visible places of the corresponding work centres.
Article 59.- Calls shall indicate the requirements for applying rights, time limits for submitting applications for participation in competitions and other data to be determined by the regulations of the Joint Committees of Escalafon.
Article 60.- In contests, commissions will be made to verify the evidence to be submitted to the contestants and to qualify the scale factors, taking into account the documents, constances or facts to be checked, in accordance with the valuation laid down in the regulations.
Article 61.- The vacancy will be granted to the worker who has been approved according to the respective regulations obtain the best qualification.
Article 62.- The newly created places of last category or those available in each group, once the respective escalations are run for the vacancies that They will occur, and prior study conducted by the Holder of the Dependence, taking into account the opinion of the Union, that justifies its occupation, will be covered by 50% freely by the Titulars and the remaining 50% by the candidates who propose the Union.
Aspiring to fill vacancies must meet the requirements that for those positions, each of the Dependencies points out.
Article 63.- In the case of temporary vacancies that do not exceed six months, the scale shall not be moved; the holder of the dependency concerned shall freely appoint and remove the acting employee who is required to cover it.
Article 64.- Temporary vacancies greater than six months will be occupied by rigorous escalation; but the promoted workers will be named in any case with the character of If the person who enjoys the licence re-enters the service, the scale and the provisional worker of the last category concerned will automatically be reversed, and his services will no longer be provided. responsibility for the holder.
Article 65.- Temporary vacancies greater than six months shall be those arising from licenses granted to a base worker under the terms of Article 43 fraction VIII of the this Act.
Article 66.- The procedure for resolving the job losses, as well as the non-conformities of workers affected by steps or steps, will be provided for in the regulations.
From the Collective Organization of Workers and General Conditions of Work
Article 67.- Trade unions are the associations of workers who work in the same dependency, constituted for the study, improvement and defense of their common interests.
Article 68.- In each dependency there will be only one union. In the event that several groups of workers are present, the Federal Court of Conciliation and Arbitration shall grant recognition to the majority.
Article 69.- All workers have the right to be part of the union concerned, but once they apply for and obtain their income, they will not be allowed to become part of the union unless they are expelled.
Article 70.- Trust workers will not be able to be part of the unions. When unionized workers perform a position of trust, all their union obligations and rights will be suspended.
Article 71.- In order for a union to be established, twenty or more workers are required to be formed, and no other union grouping may exist within the agency. with greater number of members.
Article 72.- The trade unions shall be registered by the Federal Court of Conciliation and Arbitration, for which the following documents shall be sent to the Federal Court of Conciliation and Arbitration.
I.- The act of the constituent assembly or copy of it authorized by the grouping's directive;
II.- The union statutes.
III.- The minutes of the session in which the authorized copy of the directive has been designated, and
IV.- A list of the members of the union, with the expression of names, of each, marital status, age, employment, salary that they perceive and relationship details of his or her background as a worker.
The Federal Court of Conciliation and Arbitration, upon receipt of the application for registration, will verify by the means that it considers more practical and effective, that there is no other union association within the dependency concerned and that the petitioner has the majority of the workers of that unit, to proceed, where appropriate, to the register.
Article 73.- The registration of a union will be cancelled by dissolution of the union or when a diverse union grouping is registered. The request for cancellation may be made by a person concerned and the Court, in the cases of conflict between two organizations that intend to be majority, will of course order the corresponding recount and resolve the case.
Article 74.- Workers who because of their conduct or lack of solidarity are expelled from a union, will lose by that fact all the trade union rights that this law grants. The expulsion can only be voted on by the majority of the members of the respective union or with the approval of the two thirds of the trade union delegates to their national congresses or conventions and prior defense of the accused. The expulsion must be understood on the order of the day.
Article 75.- Every act of re-election within the trade unions is prohibited.
Article 76.- The Status cannot be accepted by the State in any case.
Article 77.- They are union obligations:
I.- Provide reports that in compliance with this Act, request the Federal Court of Conciliation and Arbitration;
II.- Communicate to the Federal Court of Conciliation and Arbitration, within ten days of each election, the changes that will occur in your directive or in your committee executive, the senior and the lower of its members and the modifications to the Statutes;
III.- Facilitate the work of the Federal Court of Conciliation and Arbitration, in the conflicts that arise before it, whether of the Union or its members, providing it with the cooperation that you request, and
IV.- Sponsorship and represent its members to the authorities and to the Federal Court of Conciliation and Arbitration when requested.
Article 78.- Trade unions may join the Federation of Trade Unions of the State Service, the only central state recognized by the State.
Article 79.- Unions are prohibited:
I.- Make propaganda of a religious character;
II.- Exercise the function of merchants, for profit.
III.- Use violence with free workers to force them to unionize;
IV.- Encourage criminal acts against people or property, and
V.- Adhere to workers 'or farmers' organizations or plants.
Article 80.- The union directive will be responsible to this and third parties on the same terms as the presidents in the common law.
Article 81.- The acts performed by the unions ' directives make it civilly binding on them, as long as they have worked within their faculties.
Article 82.- Unions will be dissolved:
I.- By the vote of two-thirds of the members who integrate them and
II.- Because they no longer meet the requirements set forth in Article 71.
Article 83.- In cases of violation of the provisions of Article 79, the Federal Court of Conciliation and Arbitration shall determine the cancellation of the registration of the union's directive or registration, as corresponds.
Article 84.- The Federation of Trade Unions of the State Service shall be governed by its statutes and, in the conduct, by the provisions relating to trade unions. points to this Law.
In no case can the expulsion of a union from the Federation's bosom be decreed.
Article 85.- All conflicts arising between the Federation and the trade unions or only between them, shall be resolved by the Federal Court of Conciliation and Arbitration.
Article 86.- The remuneration to be paid to the directors and employees of the trade unions and, in general, the expenses incurred by the unions, shall be borne by their budget, in any case covered by the members of the trade union concerned.
Article 87.- The General Conditions of Work shall be fixed by the Holder of the respective Dependence, taking into account the opinion of the Union corresponding to the request of the This will be reviewed every three years.
Article 88.- General working conditions will set:
I.- The intensity and quality of the job;
II.- The measures to be taken to prevent the carrying out of professional risks;
III.- The disciplinary provisions and how to apply them.
IV.- The dates and conditions in which workers must undergo prior and periodic medical examinations, and
V.- The unsanitary and dangerous tasks that minors must not play and the protection that will be given to pregnant workers; and
VI.- The other rules that are convenient for greater job security and efficiency.
Article 89.- Trade unions that object to substantially general working conditions may occur before the Federal Court of Conciliation and Arbitration, which will decide in definitive.
Article 90.- General working conditions will take effect from the date of your deposit in the Federal Court of Conciliation and Arbitration.
Article 91.- The general working conditions of each dependency will be authorized in advance by the Secretariat of Finance and Public Credit, in the terms of the Law Organic of the Federation's Budget of Eglances, when they contain economic benefits that mean the Federal Government and which must be covered through the Federation's Government Budget, without whose requirement it will not be possible. require the State to comply.
Article 92.- Strike is the temporary suspension of work as a result of a coalition of workers, decreed in the form and terms that this Act establishes.
Article 93.- Strike statement is the manifestation of the will of the majority of workers of a dependency to suspend the work according to the requirements that establishes this Law, if the owner of the law does not agree to its demands.
Article 94.- Workers may make use of the right to strike in respect of one or more of the Public Powers ' dependencies, when they are generally and systematically violated. the rights enshrined in paragraph B of Article 123 of the Constitutional Treaty.
Article 95.- The strike only suspends the effects of workers ' appointments for the duration of the strike, but without terminating or extinguishing the effects of the appointment.
Article 96.- The strike must be limited to the mere act of suspending the work.
Article 97.- Acts of coercion or of physical or moral violence on persons or of force on the things committed by the strikers shall, as a consequence, be those responsible, the loss of their quality of worker; if they do not constitute another crime whose penalty is greater, they will be punished with imprisonment for up to two years and fine up to ten thousand pesos, plus the repair of the damage.
Article 98.- In the event of a strike, workers with duties abroad must limit themselves to asserting their rights through the national agencies that In the intelligence that it is forbidden to carry out any movement of a smell character outside the national territory.
Article 99.- To declare a strike requires:
I.- That conforms to the terms of Article 94 of this Act, and
II.- That is declared by two-thirds of the workers in the affected dependency.
Article 100.- Before the work is suspended, workers must present to the President of the Federal Court of Conciliation and Arbitration their requests with the copy of the minutes of the assembly in which it was agreed to declare the strike. The President shall, upon receipt of the document and its annexes, transfer the copy of them to the official or officials of the officials of whom the request is granted, to resolve within 10 days from the date of notification.
Article 101.- The Federal Court of Conciliation and Arbitration shall decide within a period of seventy-two hours, computed from the time the written copy is received agreeing to strike, if this is legal or illegal, according to whether or not the requirements referred to in the previous articles have been satisfied. If the strike is legal, it will certainly proceed to the conciliation of the parties, the presence of these in the hearings of agreement being obligatory.
Article 102.- If the declaration of strike is considered legal, by the Federal Court of Conciliation and Arbitration, and if the period of ten days referred to in the Article 95, no agreement has been reached between the parties, the workers may suspend the work.
Article 103.- If the suspension of work is carried out within ten days of the site, the Court shall declare that the state of strike does not exist; it shall fix the workers a period of 24 hours to resume their work, warning them that if they do not, they will be terminated without responsibility for the State, except in cases of force majeure or error not attributable to the workers, and will declare the State or officials concerned have not incurred liability.
Article 104.- If the Tribunal resolves that the declaration of strike is illegal, it will prevent workers who, in the event of suspending the work, will be considered as a cause. justified by the cessation and shall give the necessary measures to avoid suspension.
Article 105.- If the Court resolves that the strike is illegal, it shall be terminated by this single act, without liability to the holders, the workers who have suspended the strike. their tasks.
Article 106.- The strike will be declared illegal and criminal when most strikers execute violent acts against people or property, or when they are in the cases of Article 29 Constitutional.
Article 107.- As long as a state of strike is not declared illegal, non-existent or terminated, the Tribunal and the civil and military authorities shall respect the right of exercise the workers, giving them the guarantees and assistance they request.
Article 108.- The strike will end:
I.- By compromise between conflicting parties;
II.- By resolution of the assembly of workers taken by agreement of the majority of the members;
III.- By declaration of illegality or non-existence, and
IV.- By award of the person or court who, at the request of the parties and with the conformity of the parties, abides by the knowledge of the case.
Article 109.- When it is resolved that a declaration of strike is legal, the Tribunal at the request of the authorities concerned and taking into account the evidence presented, shall fix the the number of workers who the strikers will be obliged to maintain in the performance of their duties, in order to continue performing those services whose suspension harms the stability of the institutions, the conservation of the facilities or a danger to public health.
From Professional and Non-Professional Diseases
Article 110.- The professional risks suffered by workers will be governed by the provisions of the Law of the Institute of Safety and Social Services of State Workers and the Federal Law of Work, if any.
Article 111.- Workers suffering from non-professional diseases shall be entitled to be granted licences to cease their work, after obtaining the opinion and the consistent medical surveillance, in the following terms:
I.- To employees who have less than one year of services, they may be granted non-professional sick leave, up to 15 days with full pay and up to 15 days. more days with half a salary.
II.- To those who have one to five years of service, up to thirty days with full pay and up to thirty days with half a salary.
III.- To those who have five to ten years of service, up to forty-five days with full pay and up to forty-five more days with half a salary, and
IV.- To those who have ten years of service, up to sixty days with full pay and up to sixty more days with half a salary.
In the cases provided for in the previous fractions, if the incapacity is continued, if the licence is to be defeated, the licence shall be extended to the worker, no longer pay, up to a total of fifty-two weeks, in accordance with Article 22 of the Law of the Institute of Social Security and Services of State Workers.
For the purposes of the above fractions, the computes shall be made for continued services, or where the interruption in their delivery is not greater than six months.
The license will be continuous or discontinuous, once every year counted from the time you took possession of the position.
Article 112.- The actions that are born of this Law, of the appointment granted in favor of the workers and of the agreements that set the general working conditions, will be prescribed in one year, with the exception of the cases provided for in the following Articles:
Article 113.- Prescriben:
I.- In one month:
a) Actions to order the nullity of an appointment, and
b) The actions of the workers to exercise the right to occupy the square that they have left by accident or illness, counted the period from the date on which they are in fitness to return to work.
II.- In four months:
a) In the event of unjustified dismissal or suspension, the actions to require reinstatement in their work or the compensation that the Law grants, counted from the time when the worker is notified of the dismissal or suspension.
b) In deletion of places, actions to be granted another equivalent to the deleted or the Law allowance, and
c) The faculty of officials to suspend, cease, or discipline their workers, counting the term since the causes are known.
Article 114.- Prescriben in two years:
I.- Workers ' actions to claim disability compensation from professional risks incurred;
II.- The actions of persons who were economically dependent on workers who died on the basis of a professional risk to claim compensation corresponding, and
III.- Actions to execute the resolutions of the Federal Court of Conciliation and Arbitration.
The time limits for deducting the actions referred to in the previous fractions shall be borne, respectively, from the moment when the nature of the incapacity or the nature of the a disease contracted, from the date of death of the worker or from the time of the enforcement of the judgment given by the Court.
Sections I and II of this article are applicable only to persons excluded from the Law of the Institute of Safety and Social Services of State Workers.
Article 115.- The prescription cannot start or run:
I.- Against the mentally disabled, but when their tutelage has been discerned according to the Law;
II.- Against workers incorporated in the military service in time of war and that for some of the concepts contained in this Law have been made creditors to compensation, and
III.- For as long as the worker is deprived of his or her freedom, provided that he has been acquitted by an enforceable sentence.
Article 116.- The prescription is interrupted:
I.- By the sole filing of the respective lawsuit before the Federal Court of Conciliation and Arbitration, and
II.- If the person in whose favor the prescription runs, he or she recognizes the right of the person against whom he prescribes, in writing or for undoubted facts.
Article 117.- For the purposes of the prescription the months will be regulated for the number of days that correspond to them; the first day will be counted complete and when the last, the prescription shall not be completed; but the first working day following is fulfilled.
From the Federal Court of Conciliation and Arbitration and the procedure to the same
Article 118.- The Federal Court of Conciliation and Arbitration will be collegiate, will operate in plenary and in Salas, will be integrated at least with three chambers, which will be able to increase when required. Each Chamber shall be composed of a Magistrate appointed by the Federal Government, a Magistrate's representative of the workers, appointed by the Federation of Trade Unions of the State Service and a Magistrate third arbitrator, who appoint the first two and will serve as President of the Chamber.
In addition to the Chambers referred to in the preceding paragraph, the Auxiliary Chambers of the Federal Court of Conciliation may operate in the capitals of the federal institutions. Arbitration that the plenary considers necessary, integrated in the same way as the Chambers.
The plenum will be integrated with all the Magistrates of the Chambers and an additional Magistrate, appointed by the President of the Republic, who will serve as President of the Court.
Article 119.- For the designation of new Magistrates if vacancies remain, the procedure indicated in the previous article will be followed.
The President of the Court will be replaced in his temporary faults, and in the final ones as soon as the new appointment is issued, by the General Secretary of the Tribunal Agreements. The temporary faults of the Presidents of the Chambers shall be covered by the Assistant Secretary-General of the Chamber or the corresponding Auxiliary Chamber and the other Magistrates by the person who points out who has made the original designation.
Article 120.- The President of the Court and the Presidents of the Chamber and the Auxiliary Chamber will last for six years. The Magistrates of the Federal Government and of the Workers to the State Service, may be freely removed by those who appointed them.
Article 120-A.- The President of the Federal Court of Conciliation and Arbitration shall have the following powers and obligations:
I.- Exercise Court representation;
II.- Address administration of the same;
III.- Chair the plenary sessions;
IV.- Take care of the order and discipline of the Tribunal's staff and grant the licenses that, according to the Law, are requested to you;
V.- Assign the files to each of the rooms, in accordance with the rules set out in the Rules of Procedure;
VI.- Vigil that the laureates dictated by the plenum are met;
VII.- Monitor the proper functioning of the Rooms and the Auxiliary Rooms;
VIII.- To render the reports relating to the amparos that stand against both the lauths and the resolutions handed down by the plenum;
IX.- Carry the official correspondence of the Court except those reserved to the Presidents of the Chambers, and
X.- The others that trust the Laws.
Article 120-B.- The President of each of the Rooms has the following powers and obligations:
I.- Take care of the order and discipline of the staff in the Room;
II.- Vigil that the awards dictated by the Room are met;
III.- Report on the amparos, when the Rooms have the character of responsible authority;
IV.- Inform the President of the Court of the deficiencies that he observes in the functioning of the Chamber and suggest the appropriate measures to correct them;
V.- Arrange Correspondence related to the jurisdiction matters in the Room, and
VI.- The others that trust the Laws.
Article 120-C.- The Presidents of the Auxiliary Rooms shall have the following powers and obligations:
I.- Take care of the order and discipline of the staff in the Room;
II.- To issue to the Tribunal the files, within the term fixed in section II of Article 124-C of this Law;
III.- Report on the amparos, when the Auxiliary Rooms have the character of responsible authority,
IV.- Arrange Correspondence Relating to the Competition Matters of the Room, and
V.- The others that trust the Laws.
Article 121.- To be Magistrate of the Federal Court of Conciliation and Arbitration, it is required:
I.- Being a Mexican citizen by birth who does not acquire another nationality and be in full enjoyment of his civil and political rights;
II.- Being older than 25 years, and
III.- Not having been convicted, for crimes against property, or for a sentence of more than one year in prison for any other kind of intentional crime.
The President of the Court and the Presidents of the Chamber and the Auxiliary Chamber, as well as the Magistrate appointed by the Federal Government, must have professional title of Licentiate in Law, legally issued at least five years before the designation, and have a minimum of three years of creditable work experience.
The Judge represents the employees, must have served the State as a base employee, for a period not less than five years, precisely before the date of the designation.
Article 121-A.- The President of the Federal Court of Conciliation and Arbitration will enjoy emoluments equal to those of the Ministers of the Supreme Court of Justice of the Nation, and the Presidents of the Chambers and the Auxiliary Chambers, as well as the magistrates of the Chambers and Chambers of the same shall enjoy those that correspond to those who are perceived by the District Judges.
Article 122.- The Federal Court of Conciliation and Arbitration will have a General Secretary of Agreements. The plenary session will have the staff necessary to deal with the issues of its competence. In each Room and Auxiliary Room, there will be an Auxiliary General Secretary and the number of Secretaries of Agreements, Actuaries and administrative staff, who are needed to address the volume of matters.
The Court will also have the number of Councils that are necessary to provide the public service of conciliation in the matters of the jurisdiction of the Court or which entrusts it the President of the Council, intervening and giving public faith in the agreements which the parties conclude with their intervention. The appointment of the Councils shall be made by the President of the Court.
Will also have an Attorney General's Office of the State Service, an Attorney General, and the number of Auxiliary Attorneys to be deemed necessary. for the defence of the interests of the workers and who, free of charge, shall represent or advise the workers, whenever they so request, in matters relating to the application of this Law, by interposing the ordinary resources and the judgment of amparo, when they come, for the defence of the worker and proposing to the parties concerned solutions for the settlement of their disputes by stating the results in authorised minutes.
The appointments of the Attorney General and the Assistant Attorneys will be made by the President of the Court, with the agreement of the plenary. The authorities are obliged to provide the Attorney General's Office with the data and reports it requests for the best performance of its functions. The Regulation will determine the duties and obligations of the Attorney General's Office.
The Secretaries of Agreements, actuaries and administrative staff of the Tribunal are based and shall be subject to this Law; but the conflicts that arise on the occasion of the application of the same, they will be solved by the federal authorities of the job.
The Secretary-General of Agreements, the Auxiliary Secretaries-General, the Secretariat of Agreements and the Head of Actuaries, shall satisfy the following requirements:
I.- Being Mexican, old and in full exercise of their rights;
II.- Having a legally issued Degree in Law, and
III.- Not having been convicted of intentional offense punishable by corporal punishment.
Article 123.- The Court, through the plenum, shall appoint, remove or suspend its workers in the terms of this Law.
The expenses incurred by the Court shall be covered by the State, in accordance with the budget of the Secretariat of the Interior.
The legal and administrative staff of the Federal Court of Conciliation and Arbitration will have the specific powers and powers to determine this Law and the Internal Rules of Procedure. Court.
Article 124.- The Federal Court of Conciliation and Arbitration shall have jurisdiction to:
I.- Learn about individual conflicts that are raised between a dependency or entity and its workers.
II.- Know of the collective conflicts that arise between the State and the workers ' organizations at your service;
III.- Grant the trade union registration or, if applicable, dictate the cancellation of the trade unions;
IV.- Knowing union and interunion conflicts, and
V.- Make the registration of the General Conditions of Work, Regulations of Escalafon, Regulations of the Joint Commissions of Safety and Hygiene and of the Statutes of the Unions.
Article 124-A.- The Plenary of the Federal Court of Conciliation and Arbitration corresponds:
I.- Exorder the Rules of Procedure and the Court's organization manuals;
II.- Unforming the procedural criteria of the various Chambers, trying to avoid supporting contradictory theses;
III.- To process and resolve the matters referred to in Sections II, III, IV and V of the previous article;
IV.- Determine, according to the needs of the service, the extension of the number of Rooms and Auxiliary Rooms that requires the operation of the Tribunal, and
V.- Other than the applicable legal provisions.
Item 124-B.- Each of the Rooms corresponds to:
I.- Know, process and resolve individual conflicts that arise between the owners of the dependencies or entities and their employees, and that are assigned to them, compliance with the provisions of the Rules of Procedure, and
II.- The others that trust the Laws.
Article 124-C.- The Auxiliary Rooms corresponds to:
I.- Knowing of the individual conflicts that arise between the dependencies or entities referred to in the First Article of this Law and its workers, when these provide their services in the federative entities of their jurisdiction;
II.- Process all conflicts referred to in the previous fraction until the procedure has been exhausted, without issuing an award, and must take the file to the President of the Court Federal of Conciliation and Arbitration, within ten days of the one in which the instruction is declared closed, so that it turns it into the corresponding room that will dictate the award, and
III.- The others that trust the Laws.
Article 125.- As soon as you receive the first promotion concerning a collective or union conflict, the President of the Federal Court of Conciliation and Arbitration will cite the parties within 24 hours of a conciliation hearing, to be held within three days from the date of the summons. In this hearing, it will seek to agree to the parties; if the convention is to be concluded, it will be raised to the award category, which will force them as if it were an enforceable sentence. If they are not notified, they shall forward the file to the General Secretariat of the Court of Agreements for arbitration in accordance with the procedure laid down in this Chapter.
Article 126.- In the proceedings before the Federal Court of Conciliation and Arbitration no special form or solemnity is required in the promotion or intervention of the parties.
Article 127.- The procedure for resolving disputes to be submitted to the Federal Court of Conciliation and Arbitration will be reduced: which must be made in writing or orally by means of appearance; to the answer, which shall be made in the same manner; and to a single hearing in which the evidence and arguments of the parties shall be received, and shall be delivered, except where, in the judgment of the Court itself, the practice of other proceedings is required, in which case shall be ordered to be carried out, and, once they are drowned, award shall be made.
Article 127 Bis.- The procedure for resolving disputes concerning the termination of the effects of the appointment of workers to the Federal Court of Justice Reconciliation and Arbitration, will be developed in the following way:
I.- The Dependence shall submit in writing its application, accompanied by the administrative act and the documents referred to in Article 46a, requesting in the same act the (b) the other evidence that may be provided during the hearing referred to in the following fraction;
II.- Within three days of the filing of the lawsuit, the defendant will be transferred to the defendant, who will have nine working days to answer for in writing, accompanying the evidence in its possession, pointing out the place or places where the documents it does not have, for the purpose of the Court's request, and proposing the practice of evidence during the hearing to which it is refers to the following fraction; and
III.- Set the terms of the dispute and gather the evidence that would have been presented with the complaint and the answer, the Tribunal will cite a hearing to be held within the next 15 days of receipt of the reply, in which evidence shall be given out, the pleadings of the parties shall be heard and the resolution points of the award shall be issued, which shall be made within five days of the date of the holding of the hearing, except where the Court is required to Practice of other measures to better provide, in which case it will be ordered that they will be carried out and once they are drowned will be dictated the award within fifteen days.
Article 128.- The hearings, as appropriate, shall be carried out by the Secretaries of Audiences, the Plenary or the Chambers and the Auxiliary Chambers. The Secretary-General of the Agreements of the Court or the Auxiliary Secretaries General of the Chambers and the Auxiliary Chambers shall resolve all the questions raised in them. At the request of a party, formulated within 24 hours, these resolutions shall be reviewed by the plenary session or by the respective chambers.
The presence of the President of the Tribunal and of the majority of the members of the Court will be required for the operation of the plenary session. The plenary agreements shall be taken by a majority of the votes of the Magistrates present. For the functioning of the Boards and Auxiliary Rooms, the presence of the President of the same shall be sufficient, but the three Magistrates who integrate it shall necessarily know of the following resolutions:
I.- Those that are about personality;
II.- Those that are about competence;
III.- Those that are about test admission;
IV.- Those that are about nullity of performances;
V.- The award, in the case of the Rooms, and
VI.- Those that are about the withdrawal of the workers ' action, in the terms of Article 140 of this Law.
Article 129.- Demand must contain:
I.- The name and address of the claimant;
II.- The respondent's name and address;
III.- The demand object;
IV.- A relationship of the facts, and
V.- The indication of the place in which the evidence can be obtained that the regulation cannot provide directly and which are intended to verify the facts in which the their application, and the proceedings for which they apply for the same purpose.
The application shall be accompanied by the evidence that you have and the documents certifying the personality of your representative, if you do not attend personally.
Article 130.- The defence of the claim shall be filed in a term not exceeding five days from the date of its notification; to each and every one of the facts that understands the demand, and offer evidence in the terms of the V fraction of the previous article.
When the defendant's domicile is outside the place where the Tribunal is located, the term will be extended by one more day for every 40 kms. of distance or fraction exceeding half.
Article 131.- The Court, as soon as it receives the defence of the claim after the deadline for answering it, will order the practice of the proceedings that are necessary and shall cite the parties and, where appropriate, the witnesses and experts, for the hearing of evidence, pleadings and resolution.
Article 132.- The day and time of the hearing will open the period of receipt of evidence; the Court will qualify the evidence, admitting those that it considers relevant and disposing of those that are notoriously inconducive or contrary to morality or the right or which are not related to the litis. The order of his or her deahogo, first those of the actor and then those of the defendant, shall be indicated in the form and terms which the Court considers appropriate, taking into account the nature of the proceedings and seeking speed in the proceedings.
Article 133.- In the hearing only the tests offered previously shall be accepted, unless they relate to overlapping facts in which case the contrary is given, or that they are intended to test the cross-words against witnesses, or the confessional, as long as they are offered before the hearing is closed.
Article 134.- Workers may appear by themselves or by representatives accredited by simple letter power.
The headlines may be represented by proxies that credit that character by simple trade.
Article 135.- The parties may be accompanied by the advisors who are in their interest.
Article 136.- When the defendant does not answer the claim within the term granted or if it is misrepresented, the claim shall be answered in the affirmative, except test to the contrary.
Article 137.- The Court will appreciate in conscience the evidence presented to you, without being subject to fixed rules for your estimation, and will resolve matters to be known and good.Court of State held that the Court held that the Court of
Article 138.- Before the award is made, the representatives will be able to request more information to better provide, in which case the Tribunal will agree to the practice of the necessary steps.
Article 139.- If of the claim, or during the aftermath of the proceeding, I shall, in the judgment of the Court, result in his incompetence, declare it of office.
Article 140.- You will be given the withdrawal of the action and the attempted demand, to any person who does not do any promotion within three months, provided that such promotion is necessary for the continuation of the procedure. The Court, on its own initiative or at the request of a party, after the expiry of the term, shall declare the expiry.
Not to be used for expiration, even if the term passes, for the lack of diligence to be performed outside the Court's premises or for pending receipt of reports or certified copies that have been requested.
Article 141.- Incidents arising out of the personality of the parties or their representatives of the jurisdiction of the Court, of the interest of third parties, of nullity of actions or other reasons, they will be resolved in the plan.
Article 142.- The demand, the citation for acquitting positions, the declaration of expiration, the award and the agreements with warning, will be personally notified to the parties. Other notifications shall be made for strings.
All terms shall be borne from the business day following that in which the placement is made, and the notification shall be issued on the day of the expiration.
Article 143.- The Court will sanction any disrespect that is committed to it, either in writing or in any other form. The penalties shall consist of a warning or a fine. It shall not exceed fifty pesos for workers or five hundred for officials.
Article 144.- The Federal Court of Conciliation and Arbitration may not condemn the payment of costs.
Article 145.- Members of the Federal Court of Conciliation and Arbitration may not be challenged.
Article 146.- The resolutions handed down by the Federal Court of Conciliation and Arbitration will be unappealable and must, of course, be met by the authorities. corresponding.
Pronounced the award, the Tribunal will notify the parties.
Article 147.- Civil and military authorities are required to provide assistance to the Federal Court of Conciliation and Arbitration to enforce their resolutions, when force required for this.
Of The Award and Laugers ' Execution Media
Article 148.- The Court, to enforce its determinations, may impose fines of up to a thousand pesos.
Article 149.- The fines will be made effective by the General Treasury of the Federation for which the Tribunal will turn the corresponding trade. The Treasury shall inform the Court of having made the fine effective, pointing out the relative data showing its recovery.
Article 150.- The Federal Court of Conciliation and Arbitration has an obligation to provide for the effective and immediate execution of the awards and, to that effect, will dictate all necessary measures in the form and terms that they are deemed to be from.
Article 151.- When the execution of an award is requested, the Court will issue an order of execution and commission an actuary so that, associated with the party it obtained, it will be at the defendant's domicile and require it to comply with the decision, warning it that failure to do so shall be carried out in accordance with the provisions of the previous chapter.
Of Conflicts Between the Federation's Judiciary and its Servers
Article 152.- The conflicts between the Judicial Branch of the Federation and its servers, will be resolved in a single instance by the full Supreme Court of Justice of the Nation.
Article 153.- For the purposes of the previous article, it is constituted on a permanent basis, a commission charged with substantiating the files and issuing an opinion, which will pass to the Supreme Court of Justice of the Nation for its resolution.
Article 154.- The substantial commission will be integrated with a representative of the Supreme Court of Justice of the Nation, appointed by the plenary, another one that will appoint the Union of Workers of the Judicial Branch of the Federation, and a third, alien to one and the other, appointed by common accord. The resolutions of the committee shall be delivered by a majority of votes.
Article 155.- The commission will work with a Secretary of Agreements that authorizes and vouches for the action; and will have the actuaries and plant of employees that is necessary. The salaries and expenses incurred by the commission will be included in the Federation's Budget of the Judiciary.
Article 156.- Members of the Substantial Commission shall meet the requirements of Article 121 of this Law. The one appointed by the Supreme Court of Justice of the Nation, and the third member, must also be licensed in law and will last for six years. The representative of the Union will last for only three years. The three members will enjoy the salary to be set by the discharge budget and can only be removed for justified reasons and by those who have appointed them.
Article 157.- The members of the substantial Commission who are permanently or temporarily missing will be supplied by the persons who have the effect of designating the same members who are empowered to name them.
Article 158.- The Substantial Commission shall be subject to the provisions of Chapter III of Title Seventh of this Law for the processing of files.
Article 159.- In the conflicts in which a Circuit Collegiate Court, a Circuit Unit Magistrate or a District Judge is party, and have to de-drown (a) the Commission shall, in accordance with Article 10 (1) of the Treaty, act as a subsidiary of the Commission. The affected worker shall be entitled to be present.
Article 160.- The Supreme Court of Justice of the Nation will meet as many times as necessary, to know and to resolve the opinions that raise its consideration. Substantial Commission.
Article 161.- The hearing will be reduced to the reading and discussion of the Opinion of the Substantial Commission and to the vote on it. If it is approved in all its parts or with any modification, it shall pass to the President of the Supreme Court for compliance; if it is rejected, the cars shall be taken to the minister who is appointed as the rapporteur for the issuance of a new opinion.
Of Discipline and Penalties Corrections
Article 162.- The Federal Court of Conciliation and Arbitration will impose disciplinary corrections:
a) To individuals who fail to respect and order due during the Court's proceedings, and
b) To the employees of the Court itself, for the faults they commit in the performance of their duties.
Article 163.- The corrections referred to in the previous article will be:
II.- Multa that may not exceed one hundred weights, and
III.- Suspension of employment with salary deprivation for up to three days.
Article 164.- The disciplinary corrections shall be imposed by hearing the person concerned and taking into account the circumstances in which the misconduct took place.
Article 165.- The violations of this Law that do not have another sanction, will be punished with a fine of up to a thousand pesos.
The sanctions will be imposed by the Federal Court of Conciliation and Arbitration.
Article 1o.- This Act shall enter into force on the day following its publication in the Official Journal of the Federation.
Article 2o.- The Staff Regulations are repealed to the Service of the Powers of the Union and the provisions that are contrary to this law shall be repealed, with the exception of those dictated in favor of the Veterans of the Revolution as servants of the State.
Article 3o.- The Federal Court of Conciliation and Arbitration, which replaces the Court of Arbitration, will continue to be aware of the outstanding issues until its termination, according to this law and shall operate in accordance with the Rules of Procedure it issues.
Article 4o.- The Federal Judicial Branch and the Union of its Workers, within a period of thirty days, counted from the publication of this law, shall proceed to the The integration of the Substantial Commission created by the ninth title, which will be issued by its Interior Reglaments.
Article 5o.- All those personnel who are the holder of a base square, pass or have passed with or without a license, to a charge of trust, as referred to in the articles 5o. and 65, by causing low in the confidence square, will have the right to return to its original base square. You will also have the right to be counted for the purposes of seniority in your base as long as you have been in the position of trust.
Article 6o.- The Clinical Directors and Subdirectors; Surgical and Medical Division Chiefs, Medical and Surgical Specialty Service Chiefs, and Chief Medical Officers. Medical laboratory that are currently holding these charges, to be ratified in them must be subject to the procedure provided for in the final paragraph of Article 50.
Article 7o.- The Trade Union Registry before the Court of Arbitration, made during the validity of the Legal Statute, will extend its full effect in the Federal Court. Conciliation and Arbitration.
Joaquin Gamboa Pascoe.-D. P.-Heading.-Lic. Manuel Moreno Sánchez, S. P.-Rubrica.- J. Guadalupe Mata López, D. S.-Rubric.-Lic. Carlos Roman Celis, S. S.-Heading.
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States and for their proper publication and observance, I request the present Federal Executive Branch, in Mexico City, Mexico City, Federal District, at the twenty-seven days of the month of December of a thousand nine hundred and sixty-three.- Adolfo López Mateos. -Heading. Dispatch, Luis Echeverria. Heading.-The Secretary of Foreign Affairs, Manuel Tello.-Heading.-The Secretary of the Navy, Manuel Zermeno Araico.-Heading.-The Secretary of Finance and Public Credit, Antonio Ortiz Mena. National Heritage, Eduardo Bustamante-Heading.-The Secretary of Industry and Commerce, Raul Salinas Lozano.-Heading.-The Secretary of Agriculture and Livestock, Julian Rodriguez Adame.-Heading.-The Secretary of Communications and Transports, Walter C. Buchanan.-Heading.-The Secretary of Public Works, Javier Barros Sierra.-Heading.-The Secretary of Water Resources, Alfredo del Mazo.-Heading.-The Secretary of Public Education, Jaime Torres Bodet.-Heading.-The Secretary of Health and Assistance, José Álvarez Amosque.-Heading.-The Secretary of Labor and Social Welfare, Salomon González Blanco.-Heading.-The Secretary of the Presidency, Donato Miranda Fonseca.-Heading.-The Head of the Department of Agrarian Affairs and Colonization, Roberto Barrios.-Heading.-The Head of the Department Tourism, Francisco González de la Vega.-Heading.-The Head of the Federal District Department, Ernesto P. Uruchurtu.-Heading.