Law Regulatory Of The Fraction Xiii Bis Of Paragraph B Of The Article 123 Of The Political Constitution Of The United States Mexican

Original Language Title: Ley Reglamentaria de la Fracción XIII Bis del Apartado B, del Artículo 123 de la Constitución Política de los Estados Unidos Mexicanos

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Regulatory Law of Section B of Article 123 of the Political Constitution of the United Mexican States

REGULATORY LAW OF SECTION XIII (B) OF ARTICLE 123 OF THE MEXICAN UNITED STATES POLITICAL CONSTITUTION

Official Journal of the Federation on December 30 1983

Last reform published in the DOF January 10, 2014

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

MIGUEL DE LA MADRID HURTADO, 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

DECREE:

" The Congress of the United Mexican States, decrees:

REGULATORY LAW OF SECTION XIII (B) OF ARTICLE 123 OF THE MEXICAN UNITED STATES POLITICAL CONSTITUTION.

FIRST CHAPTER

General Provisions

ARTICLE 1o.- This Law is of general observance throughout the Republic and governs the labor relations of workers at the service of the following institutions: institutions that provide the public service Bank of Mexico and Patronato del Ahorro Nacional.

ARTICLE 2o.- For the purposes of this Law, the working relationship is understood to be established between the institutions and the workers at their service, who will perform their duties. by virtue of appointment.

The union will propose candidates to fill the vacancies and the newly created posts, based, which will be presented in the institutions; these candidates must pass through the corresponding selection process established by the institutions themselves.

ARTICLE 3o.- Workers will be trusted or based.

Trust workers are the Directors-General and the Deputy Directors-General; the Assistant Directors and Deputy Directors; the Division or Area Directors and Subdirectors; the Managers, Deputy Managers and Heads of Division or Area; the General Submanagers; the Managers; the Secretaries of the Managers and their superiors; the General Accountants; the General Controller; the Cenders and the Subtellers; the Representatives Legal and Empowered Generals; as well as those who conform to the General catalogue of posts of the institutions administering, controlling, registering or guarding basic confidential information of a general nature of the operations, or performing functions of management, inspection, surveillance, audit, scientific research, consultancy or consultancy, where these are of a general nature. In the Bank of Mexico, in addition to the previous ones, trust workers are the ones who point out their Organic Law.

In the formulation, implementation and updating of the general catalogue of posts of the institution, they will participate jointly and the Union. In the positions of trust, the union shall participate for the purposes provided for in the preceding paragraph.

Remuneration, pensions, pensions, rights, obligations and any benefits applicable to the trust staff of the development banking institutions, be established in the tabulators and manuals of remuneration, retirements, rights and obligations that are established in the terms of Article 43 Bis of the Law on Credit Institutions, so that these workers will not be the general working conditions of the respective institution.

ARTICLE 4.- It is base workers who according to the provisions of the previous article are not trusted.

Base workers will have to stay at work, after completing twelve months of service, and in the event that they are separated from their employment without justified cause, they will be eligible for by the reinstatement in their work or to be compensated for the amount of three months ' salary and 20 days for each year of services provided. Trust workers shall not be entitled to reinstatement in their employment.

The Directors General may be appointed and freely removed by the Federal Executive, through the Secretary of Finance and Public Credit.

ARTICLE 5o.- To the labor relations matters of this Law will be applicable to them, as soon as they do not object to it, the provisions contained in the Third, Fourth, Seventh, Eighth and Tenth of the Federal Law of Workers to the State Service.

The Federal Labor Law, the Federal Code of Civil Procedures, the laws of the common order, the custom, the use, the laws of the Federal Labor Law, the law of the common order, the law of the common order, general principles of law and equity.

The workers of the institutions are subject to the social security system provided for in the Social Security Law and the Law of the National Housing Fund for the Workers.

ARTICLE 6o.- The institutions will maintain for their workers the rights, benefits and benefits that they have granted and that are superior to those contained in this article. (a) the arrangements for which the general working conditions are laid down.

CHAPTER SECOND

Days of Rest, Vacation, and Salary

ARTICLE 7o.- It is mandatory rest days that the Federal Labor Law states. Those determined by the Secretariat of Finance and Public Credit, through the National Banking and Insurance Commission, shall be considered as the same character according to the applicable legal provisions.

ARTICLE 8o.- Workers will enjoy two days of rest a week that will ordinarily be Saturday and Sunday, with full pay. Those who normally have to carry out maintenance or surveillance work or for whom on a rotating basis must be on guard to provide the services indispensable to the users, will be entitled to receive for their work on Saturday or Sunday a premium equal to 25% on the daily wage corresponding to ordinary days of work.

Workers who provide services on rest days, without taking advantage of others in substitution, will be entitled to receive, regardless of the salary corresponding to them rest, a double salary for the service provided, regardless of the time taken by the service within the limits of the compulsory day. If the days of rest have been worked continuously, the days with which they are replaced will also be enjoyed continuously.

ARTICLE 9o.- Workers will be entitled to an annual holiday period according to the following: for the first ten years of services, 20 working days; during the following five years of services, 25 working days and, in subsequent years of services, 30 working days, with attachment to the following rules:

I.- Workers shall make use of their annual holiday period within six months of the expiry of each year of service, without being cumulable and without the holiday being able to compensate for remuneration;

II.- The right of workers to vacation is prescribed in one year, computed from the termination of the six months following the expiration of the year of services;

III.- Workers will enjoy their holidays in a single period; they will exceptionally be able to enjoy them in two periods;

IV.- The institutions will set the dates on which their workers will enjoy the holidays so that the work is not impaired. For this purpose they shall draw up an annual programme; and

V.- The start date of the holiday period for each worker may only be amended by common agreement between the institution and the worker.

Workers who leave on holiday will receive before the start of the holidays, the corresponding salary for the duration of these plus a premium of 50% of the salary corresponding to the number of working days to understand the holiday period.

If the employment relationship ends before the worker meets the year of service, he/she will be entitled to a remuneration proportional to the period worked, for holiday enjoyed.

ARTICLE 10.- The minimum wage in the institutions will be set in the tabulators according to the general minimum wage that rija in the locality, increased by 50%, same as be considered as a minimum bank salary.

ARTICLE 11.- The salaries of the bank staff will be fixed and regulated by means of tabulators that will be formulated by the institutions, according to their needs particular. Such tabulators shall be subject to the approval of the competent offices, through the National Banking and Insurance Commission, which shall take into account the general conditions of the locality in which the service, and any other elements that may be allowed, to the effect that each position is classified within the tab that corresponds to it according to the quality, quantity and responsibility of the work, within each institution.

ARTICLE 12.- The institutions shall have a system of remuneration, in addition to the salaries to be fixed in the respective tabulators, for the seniority of their workers.

They will be entitled to the payment of the seniority compensation, the workers who have served five years at the service of the institution to which they belong and according to the following rules:

I.- For the purposes of calculating the seniority of the workers, they shall be taken as a whole basis months, regardless of the day on which they entered;

II.- For every five years completed, they will be entitled to 25% per year on the minimum monthly bank wage in the locality, which will be increased by such percentage every five years, to forty; and

III.- The payment shall be paid in a pro-rata manner, on a fortnightly basis, by means of the payroll system used, and shall form part of the worker's salary, and shall be considered for the purposes of calculating the various benefits that correspond to it.

ARTICLE 13.- Discounts on workers ' wages are prohibited, except in cases and with the following requirements:

I.- Payment of food pensions decreed by the competent authority;

II.- Payment of debts owed to the institutions for advances in wages, payments made in error or with excess to the worker, or for losses or breakdowns caused by their negligence. The amount payable by these concepts in no case may be greater than the amount of one month of the worker's salary and the discount will be the one agreed by the worker and the institutions, without being able to be greater than 30% of the salary surplus general minimum, which is in the respective area;

III.- Payment of debts incurred by the worker resulting from the benefits to which they are entitled under this Law. Discounts on monthly wages for economic benefits may not be more than 30% or 40% of them when mortgage loans or payments to third parties are included for credit derivatives under the Third Party Chapter. this Act;

IV.- Payment of credits to cover loans from the National Housing Fund for Workers, entities or public bodies or national credit companies, intended for purchase, construction, repair, expansion or improvements in housing or the payment of liabilities acquired by these concepts. Also, workers who have been granted a credit for the acquisition of housing located in housing units financed by the National Housing Fund for Workers, by entities or agencies the amount to be determined in the applicable legal provisions, which will be used to cover the costs that are eroded by the administration, operation and maintenance of the the housing unit concerned. These discounts must have been freely accepted by the worker;

V.- Payment of quotas for the formation and promotion of cooperative societies or savings banks, provided that workers express and freely express their conformity, and that they are not greater than 30% of the surplus of the general minimum wage rija in the respective area;

VI.- Payment of the union dues provided for in the statutes of the trade unions;

The debts referred to in section II of this article shall not in any event bear interest.

ARTICLE 14.- Workers shall be entitled to receive by concept of aguinaldo, when they have provided a full year of services, the equivalent of forty days of the last the salary received in the year, at least. The aguinaldo shall be covered before the 10th of December of each year.

In cases where the worker has not worked the full year referred to in this article, he or she shall be entitled to receive the proportional portion of the corresponds to the time worked.

THIRD CHAPTER

Social Security and Economic Benefits

ARTICLE 15.- The institutions will be obliged to provide their workers with the means necessary for their personal improvement and improvement of their knowledge, giving facilities for the development of their general and physical culture, as well as their artistic faculties.

All workers have the right to receive training and training that will enable them to raise their standard of living and productivity at work, in accordance with the They will be prepared by the National Banking and Insurance Commission, according to their budgetary possibilities.

ARTICLE 16.- Workers who have seniority to be determined in the general working conditions shall have the right to obtain from the institutions, in the to identify the general working conditions themselves, short-term loans for the attention of extraordinary needs; medium-term loans for the acquisition of durable consumer goods, as well as loans with a mortgage guarantee or fiat to help solve your room problem, with independence from the provisions of the Law of the Institute of the National Housing Fund for Workers.

ARTICLE 17.- Workers and pensioners of the institutions, as well as their family members, will enjoy the benefits provided by the Social Security Law, (a) insurance against occupational risks; sickness and maternity; invalidity, old age, unemployment and death; and childcare facilities for insured children. In addition, those workers shall enjoy the aid for marriage expenses which the Law itself points out. These benefits will be satisfied by the Mexican Social Security Institute under the terms of the service subrogation agreement and, as far as is not foreseen by the latter, by the institutions themselves.

Workers, in addition to the provisions of the preceding paragraph, shall be entitled to receive from the institutions a retirement pension which shall be supplementary to that of old age or In the case of the Social Security Law, the Social Security Law will be granted to the Mexican Social Security Institute, as well as the payment of 50% more of the benefits that the Social Security Law establishes in the event that they suffer incapacity for a job risk. or by invalidity, if the claim is made by the worker at the service of the institution.

In the event of the death of a worker or a pensioner, the institutions shall cover the persons appointed in accordance with the general working conditions, benefits in respect of death payments and funeral expenses. These benefits will not be considered as hereditary rights and, consequently, your perception will not be necessary to deal with a succession judgment.

In the benefits granted by the institutions, in replacement of the Mexican Social Security Institute, they will enjoy the same rights as the Institute grants the Law of the Matter.

ARTICLE 18.- The general working conditions will establish the benefits and benefits of economic, social and cultural character enjoyed by the workers in the service of the institutions, indicating the requirements and characteristics of the institutions.

The institutions, taking into account the opinion of the corresponding union, will present to the consideration of the Secretariat of Finance and Public Credit general working conditions, for approval.

CHAPTER FOURTH

Suspension, Cese, and Termination of the Effects of Appointments

ARTICLE 19.- They are causes of temporary suspension of the obligations to provide the service and pay the salary, without responsibility for the workers and the institutions, the contained in this article. In the cases of fractions I and II the temporary suspension shall only operate for the obligation to provide the service.

I.- The contagious disease of the worker;

II.- The temporary incapacity caused by an accident or illness that does not constitute a risk of work;

III.- The preventive prison of the worker followed by an absolute sentence. If the worker in defence of the interests of the institution has the obligation to pay the wages that he has ceased to receive;

IV.- The arrest of the worker;

V.- Compliance with the services and performance of the charges mentioned in Article 5o. of the Constitution and of the obligations entered into in Article 31 (III) of the same Constitution;

VI.- The absence of any requirements or documents required by laws and regulations, which are necessary for the provision of the service, where the worker is imputable.

ARTICLE 20.- Cesan the effects of appointments, for the following reasons:

I.- Incur the worker, during his duties, in faults of probity or honesty, in acts of violence, amagos, insults against the representatives of the institution or of the managerial or administrative staff of the institution, unless the Provocation or on self-defense;

II.- Commit the worker against any of his companions any of the acts listed in the previous fraction, if as a consequence the discipline of the place where the work is performed is altered;

III.- Commit the worker, outside the service, against the representatives of the institution or the managerial or administrative staff, any of the acts referred to in the fraction I, if they are in such a serious way as to render impossible the performance of the working relationship;

IV.- Cause the worker, intentionally, material or economic damage during the performance of the work, or for reasons of them, in the buildings, works, machinery, instruments and other objects related to the work;

V.- Cause the worker to be prejudiced by the previous fraction, provided that they are serious without doling, but with such negligence, that it is the sole cause of the injury;

VI.- Commit the worker, due to his or her recklessness or inexcusable carelessness, the safety of the establishment or the persons in it;

VII.- Make the worker immoral acts in the establishment or workplace;

VIII.- Reveal the worker the operating secrets or the reserved character matters of the institution;

IX.- Having the worker more than three assistance faults in a period of thirty days without permission from the institution or without justified cause;

X.- Disobey the worker to the representatives of the institution without justified cause, provided that it is the working relationship;

XI.- Refuse the worker to take preventive measures or to follow the procedures indicated to prevent accidents or diseases;

XII.- Concourse the worker to his/her duties in a state of drunkenness or under the influence of some narcotic or energy drug, unless in the latter case there is a prescription medical. Before starting his/her services, the worker must inform the representatives of the institution and present the prescription signed by the doctor;

XIII.- The executed sentence that imposes the worker a prison sentence that prevents him from fulfilling his work;

XIV.- Incur offenses or insults against the users of the institution's service or conduct themselves repeatedly in an unattended or unrestrained manner in front of them, and

XV.- The analogous to those established in the previous fractions in the same way as serious and of similar consequences in terms of work.

ARTICLE 21.- They are causes of separation of employment without responsibility for the worker:

I.- Deceive the institution by offering working conditions that do not correspond to the actual ones. This cause of separation will no longer have an effect after thirty days of filing the worker's services;

II.- Incurring the managerial or administrative staff of the institution, or the family members of the institution, in the absence of probity or honesty, acts of violence, threats, injury, bad treatment or other analogues against the worker, spouse, parents, children or siblings;

III.- Incur the managerial or administrative staff of the institution, or the relatives of those outside the service, in the acts referred to in the previous fraction, if they are in such a serious way that they make it impossible to comply with the job;

IV.- Incur the institution in relation to salary, in the following facts:

a).- Pay the worker a lower salary than the appropriate one;

b).- Reduce the salary of the worker;

c).- Do not deliver the salary at the agreed or used date or place; and

d).- Make salary discounts for concepts not allowed in this Law.

V.- Intentionally cause managerial or administrative personnel to damage tools or tools of work and to hold the worker accountable;

VI.- To cause or permit the existence of a serious danger to the safety or health of the worker, either because of the lack of hygienic conditions the establishment or because the preventive measures of safety that the laws set;

VII.- Commit the institution with its recklessness or inexcusable oversight of the security of the establishment or of the persons in it, and

VIII.- The analogous to those established in previous fractions, in the same way as serious and similar consequences in terms of the work they refer to.

ARTICLE 22.- They are causes of termination of the working relationships:

I.- The resignation of the worker submitted in writing;

II.- The termination of time or work, in cases where the worker has been appointed for certain time or work;

III.- That the worker acquires the quality of retirement pension, invalidity or permanent permanent disability;

IV.- The physical or mental incapacity or the manifest inability of the worker to make the provision of work impossible, and

V.- The death of the worker.

CHAPTER QUINTO

From the National Federation of Bank Unions

ARTICLE 23.- The unions will be able to constitute and join the National Federation of Bank Unions, the only central bank recognized for the purposes of this Law.

CHAPTER SIXTH

From monitoring institutions

ARTICLE 24.- The Secretariat of Finance and Public Credit must at all times supervise, through the National Banking and Insurance Commission, that the institutions comply with the obligations imposed on them by this Law and other applicable provisions, as well as to provide the necessary for their proper and proper implementation.

TRANSIENT

ARTICLE FIRST.- This Law shall enter into force on the 1st. of January 1984.

ARTICLE SECOND.- The provisions that are opposed to that set in this order are repealed.

ARTICLE THIRD.- As long as the general working conditions of the institutions are issued, the respective Internal Work Regulations will continue to apply. Such conditions shall be issued within three months of the date of entry into force of this Law.

ARTICLE FOURTH.- The labor relations of the workers at the service of the institutions will continue to have effects and must be formalized with the expedition of the appointments, within a period not longer than six months after their entry into force. Failure to issue appointments shall not prevent the continuation of the working relationship established before the expiry of that period.

Mexico, D. F., at December 29, 1983.- Luz Lajous, D.P.- Raul Salinas Lozano, S.P.- Enrique Leon Martinez, D.S.- Myrna Esther Hoyos de Navarrete, S.S.-Rubicas. "

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 hereby issue this Decree at the residence of the Government of Mexico. Federal Executive, in Mexico City, Federal District, at the twenty-nine days of December of a thousand nine hundred and eighty-three.- Miguel de la Madrid Hurtado.-Rubrica.-The Secretary of Finance and Public Credit, Jesus Silva Herzog.-Heading.-Secretary of Labor and Social Welfare, Arsenio Farell Buckles.-Heading.-The Secretary of Government, Manuel Barttlet Díaz.-Heading.